HomeMy WebLinkAboutAgenda Packet 1992/05/19
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Agenda
-2-
May 19, 1992
6. RESOLlITION 16625 AU1HORlZING THE ISSUANCE AND SALE OF NOT TO EXCEED
$100,000,000 AGGREGATE PRlNCIPAL AMOUNT OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS OF THE CI1Y OF CI-IULA VISTA TO
FINANCE COSTS OF CERTAIN GAS AND ELECTRlC FACIUTIES FOR SAN
DIEGO GAS AND ELECTRlC COMPANY; AU1HORlZING THE EXEClITION
AND DELIVERY OF AN INDENTURE OF TRUST AND A LOAN AGREEMENT
PROVIDING FOR THE ISSUANCE OF THE BONDS AND THE REPAYMENT
OF THE LOAN OF THE PROCEEDS THEREOF, RESPECl1VELY; AND
RELATED MATTERS. On 3/24/92, Council approved a resolution declaring
the City's intent to issue revenue bonds and make the proceeds available
to SDG&E for construction of electrical facilities. The resolution is the
follow-up authorizing the issuance and sale of $100 million of revenue
bonds in order to finance certain gas and electric facilities for SDG&E.
Staff recommends approval of the resolution. (Director of Finance)
7. RESOLlITION 16626 APPROVING AMENDMENT TO THE BIENNIAL ELEMENT OF THE 1992/99
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND
AU1HORlZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) - On 8/6/92, Council held a public hearing on
the 1992 Transnet Transportation Program Expenditure Plan and approved
the resolution adopting the 1992 Seven Year Regional Transportation
Improvement Program (RTIP). On 11/22/91, the SANDAG Board adopted
the 1992/99 Regional Transportation Improvement Program including the
Transnet Program of projects. The 1992/99 RTIP becomes effective
7/1/92. SANDAG will consider amendments to the Biennial Element of the
RTIP on 6/26/92. The next major opportunity to amend the 1992/99 RTIP
will be in June of 1993. Staff recommends approval of the resolution.
(Director of Public Works)
8. RESOLlITION 16627 APPROPRIATING ADDITIONAL FUNDS FOR THE JOGGING TRAIL BRlDGE
REPLACEMENT PROJECT - On 2/11/92, Council approved the
appropriation $30,000 from the Golf Course Revenue Fund for two
pedestrian bridges along the golf course jogging trail and also declared an
emergency situation waiving the public bidding process. Afrer the informal
bidding process, it was determined that additional funds will be required.
Staff recommends approval of the resolution. (Director of Parks and
Recreation) 4/5th's vote required.
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLlITIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as public hearings as required by law. If you wish to :peak
to any item, please fill out the 'Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to :peak in opposition to the stoff recommendation.) Comments are limited to five minutes per individual
Agenda
-3-
May 19,1992
9. PUBUC HEARING TIlE ADOPTION OF TIlE 1991 EDITION, UNIFORM BUILDING CODE,
UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, AND
UNIFORM HOUSING CODE - Ordinances were placed on first reading at
the 4/21/92 meeting, at which time public testimony was received. Staff
recommends Council place ordinances on second reading and adoption.
(Director of Building and Housing)
A ORDINANCE 2507 REPEAUNG EXISTING CHAPTER 15.20 OF TIlE MUNICIPAL CODE AND
ADOPTING ANEW CHAPTER 15.20 OF TIlE MUNICIPAL CODE RELATING
TO TIlE ADOPTION OF TIlE UNIFORM BUILDING CODE, 1991 ADDITION
(second readinsr and adoption)
B. ORDINANCE 2508 REPEAUNG EXISTING CHAPTER 15.28 OF TIlE MUNICIPAL CODE AND
ADOPTING A NEW CHAPTER 15.28 OF TIlE MUNICIPAL CODE RELATING
TO TIlE ADOPTION OF TIlE UNIFORM PLUMBING CODE, 1991 EDITION
(second readinsr and adoption)
C. ORDINANCE 2509 REPEAUNG EXISTING CHAPTER 15.16 OF TIlE MUNICIPAL CODE AND
ADOPTING ANEW CHAPTER 15.16 OF TIlE MUNICIPAL CODE RELATING
TO TIlE ADOPTION OF TIlE UNIFORM MECHANICAL CODE, 1991
EDITION (second readinsr and adoption)
D. ORDINANCE 2510 REPEAUNG EXISTING CHAPTER 15.20 OF TIlE MUNICIPAL CODE AND
ADOPTING ANEW CHAPTER 15.20 OF TIlE MUNICIPAL CODE RELATING
TO TIlE ADOPTION OF TIlE UNIFORM HOUSING CODE, 1991 EDITION
(second readinsr and adoption)
10. PUBUC HEARING PCM-92-03: REQUEST TO AMEND TIlE EASTI.AKE II GENERAL
DEVELOPMENT PLAN, EASTI.AKE GREENS SPA PLAN AND EASTI.AKE I
(EXPANSION) PLANNED DISTRICT REGULATIONS - The request will
amend the EastLake Greens SPA Plan and transfer sixty-nine dwelling units
within the project area. No increase in dwelling units is proposed. Staff
recommends Council: 1) certify Negative Declaration (lS-92-04); 2) place
ordinance on first reading; and 3) approve the resolutions. (Director of
Planning) Continued from 5/5/92 meeting.
A ORDINANCE 2514 AMENDING TIlE ZONING MAP OF EASTI.AKE II PLANNED COMMUNIlY
DISTRICT FOR PARCELS R-24 AND R-25 CONSISTING OF
APPROXIMATELY 5.0 ACRES AND 7.4 ACRES LOCATED WITHIN TIlE
EASTI.AKE GREENS SECTIONAL PLANNING AREA PLAN (pCM-92-03) (first
readinsr)
B. RESOLUTION 16628 AMENDING TIlE EASTI.AKE II GENERAL DEVELOPMENT PLAN (pCM-92-
03)
C. RESOLUTION 16629 AMENDING TIlE EASTI.AKE GREENS SECTIONAL PLANNING AREA PLAN
(pCM-92-03)
11. PUBUC HEARING CONSIDERATION OF TIlE ANNEXATION OF 1159 ACRES, AND TIlE
DETACHMENT OF 417 OF THOSE ACRES FROM TIlE RURAL FIRE
PROTECTION DISTRICT, ENCOMPASSING TIlE SALT CREEK RANCH
Agenda
-4-
May 19,1992
MASfER PLAN AND KNOWN AS TIffi 'SALT CREEK RANCH
REORGANIZATION" - Involved is the annexation to Chula Vista of 1159
acres encompassing the Salt Creek Ranch Planned Community for which
the Council has already approved a General Development Plan and SPA
plan. Four hundred seventeen acres are within the Rural Fire Protection
District and require detachment to avoid service duplication. The
annexation will allow development of the project through provision of
necessary municipal services from Chula Vista. Staff recommends approval
of the resolution. (Director of Planning)
RESOLUTION 16630 APPROVING TIffi "SALT CREEK RANCH REORGANIZATION" TO TIffi CI'IY
OF CHULA VISTA
ORALCO~CATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the Council's
jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subjec4 please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and follow up action. Your time is limited to three minutes per speaker.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantiol discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendations may in Certilin cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
12. ORDINANCE 2515 ADDING A NEW CHAPTER 2.15 TO TIffi MUNICIPAL CODE TO CONTAIN
PROVISIONS GENERALLY APPUCABLE TO AU. BOARDS, COMMITTEES,
AND COMMISSIONS, AND TO RESTRICT CONSIDERATION BYTIffi CITY'S
VARIOUS ADVISORY GROUPS OF MA'ITERS 1HAT DIRECTLY INVOLVE A
DISPUTE BETWEEN AN ENTI'IYWITH WHICH TIffi CI'IY DOES BUSINESS
AND AN ORGANIZED BARGAINING UNIT OF 1HAT ENTI'IY (first readinl!:)
At the 3/26/92, Council directed staff to prepare an ordinance which
clarifies that no board, commission, or committee of the City shall become
involved in personnel matters of entities with which the City conducts
business, without first obtaining the advice and recommendation of the
City Manager and the City Attorney, and then only with the consent of the
Council. Staff recommends Council place ordinance on first reading and
adoption. (City Attorney)
13. RESOLUTION 16598 AMENDING TIffi COUNCIL POUCY ON SEWER SERVICE TO PROPER'IY
NOT WIlHIN TIffi CI'IY BOUNDARY - Council Policy 570-02 was created
to allow County residents near existing City sewers who were not
contiguous to the City boundary, and thus not able to annex, to connect to
City sewers. The policy states that any County resident wishing sewer
service from a City sewer main must enter into an agreement with the City
Agenda
.5.
May 19, 1992
to not sign a written protest petition, or otherwise file a formal written or
oral protest of annexation at the Conducting Authority level of annexation
proceedings. In a previous action, a resident of EI Rancho Vista that had
requested annexation and sewer service was denied that service because
the area opposed annexation. Staff has received several requests for sewer
service from county residents and, in light of the policy and past actions,
believe that the policy needs to be reviewed. Staff recommends approval
of the resolution. (Director of Public Works) Continued from the 4/21/92
meeting.
14.A RESOLUTION 16631 APPROVING TIlE 1992/93 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) BUDGET AND AUTIiORlZING TIlE TRANSMITTAL OF TIlE CDBG
APPUCATION, FINAL STATEMENT, AND CERTIFICATIONS TO TIlE
UNITED STATED DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT. The City of Chula Vista will receive $1,380,000 in CDBG
entitlement funds and anticipates receiving CDBG program income of about
$181,000 from the Housing Rehabilitation revolving fund. Staff
recommends approval of the resolutions. (Director of Community
Development) Continued from the 5/5/92 meeting. 4/5th's vote required.
B. RESOLUTION 16632 APPROVING REALLOCATION OF $7,250 OF COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM VARIOUS
COMPLETED PROJECTS TO TIlE WOODLAWN PARK COMMUNITY
CENTER AND REQUESTING TIlE COUNTY BOARD OF SUPERVISORS TO
TRANSFER SAID FUNDS
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ITEMS PUlLED FROM TIlE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda
items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Publk
comments are limited to jive minutes per individuaL
OTIlER BUSINESS
15. CITY MANAGER'S REPORTCS)
a. Scheduling of meetings.
16. MAYOR'S REPORTCS)
a. Special appropriation for potential travel to Mexico.
Agenda
-6-
May 19,1992
17. COUNCIL COMMENTS
Councilman Rindone
a. Unilateral agreement to pursue "Transitional Housing" plans for the homeless with Chula
Vista city boundaries.
b. County-wide planning agreement for "Transitional Housing" for the homeless.
ADJOURNMENT
The meeting will adjourn to an Adjourned City Council MeetinglWorksession on Thursday, May 21, 1992
at 4:00 p.m. in the City Council Conference Room thence to the Regular City Council Meeting on Tuesday,
May 26, 1992 at 6:00 p.m. in the City Council Chambers.
City of Chula Vista Proclamation on behalf of
Southwestern College Academic Senate Project
CREATE declaring May Project CREATE month.
Cultural, Research, Educational,
and Trade Exchange Project
A Sister Schools Project with Mexico, Japan, and Pacific Rim
Whereas Project CREATE, the Southwestern College Academic
Senate's Cultural, Research, Educational, and Trade Exchange
Project is celebrating the seventh anniversary of its founding,
and
Whereas Project CREATE's main focus is the promotion of
cooperative academic and other professional activities and
international programs between its sister schools in Mexico,
China, and the Pacific Rim, and
Whereas Southwestern College was the first community college
in the state of California to establish a formal academic
partnership in a Sister School relationship with an institution in
the People's Republic of China, the Shanghai Institute of
Foreign Trade, through the efforts of Project CREATE, and
Whereas Southwestern College is a community college leader in
providing an educational link between academic and technical
institutions and professionals in Estados Unidos de Mexico with
the United States of America, which includes the Project
CREATE Sister School relationship with the Instituto
Tecnologico de Tijuana, and other significant links, including
the Universidad Autonomous de Baja California, and
Whereas Project CREATE has improved global understanding,
human and international cooperative relationships and global
friendship, communication, and understanding, for the benefit
of the students and residents of the Chula Vista, South Bay, and
San Diego area community,
Therefore, I, Tim Nader, Mayor of Chula Vista, do hereby
proclaim the month of May, 1992, as Southwestern College
Project CREATE month in the City of Chula Vista.
4b -I
~~
Please
Celebrate
Join Us
7 Years
Of
To
6WC
Academic 6enate
PQOJJECT
CQJEA TJE
Cultural. Qesearch. Education and Trade Exchanse
II Sister Qelationships With Mexico. China und "Bcinc Qim
A Reception
To Renew Acquaintances
. Qefreshment.s · Art Exhibit · Music
.
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BOlllta Rd
friday. May 22
3:30 - 5:30 pm
Board Room 214
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College
INFORMATION OR MESSAGE
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May 4, 1992
Dear Mayor Nader, Chair Souval, and Cultural Arts Commissioners,
Due to professional and personal commitments, I am resigning
from the Cultural Arts Commission effective immediately. I have
thoroughly enjoyed my association with this dedicated group of
Chula Vistans.
Congratulations on a wonderful Cultural Arts Fair. I apologize
for not having helped with this endeavor.
I strongly support the hiring of a Cultural Arts Coordinator
and will take every opportunity to influence people on this issue.
A coordinator is essential to furthering the goals of the commission.
I also resign from the Gayle McCandliss Memorial Fund
Subcommittee. THe next meeting is scheduled for Tuesday, May 19th.
I have sent information needed for the meeting to Colleen Scott.
I will leave my file of agendas, meetings, goals, etc. at the
Parks and Recreation office for the new commissioner.
Sincerely,
~Govern
WRITTEN COMMUNICATION'S
5c. -)
COUNCIL AGENDA STATEMENT
Item
f.c
Meeting Date
05/19/92
ITEM TITLE:
RESOLUTION }/"b').S Authorizing the Issuance and Sale
of not to Exceed $100,000,000 Aggregate Principal
Amount of Industrial Development Revenue Bonds of
the city of Chula vista to Finance Costs of Certain
Gas & Electric Facilities for San Diego Gas &
Electric Company; Authorizing the Execution and
Delivery of an Indenture of Trust and a Loan
Agreement Providing for the Issuance of the Bonds
and the Repayment of the Loan of the Proceeds
Thereof, Respectively; and Related Matters
SUBMITTED BY: Director of Ftr~ce/~
City Attorney,~
REVIEWED BY: City Manag~ (4/5THS Vote: Yes___No-X-)
On March 24, 1992, the city Council approved a Resolution declaring
the City's intent to issue revenue bonds and to make the proceeds
available to San Diego Gas & Electric (SDG&E) for construction of
gas and electrical facilities. Tonight's action is the follow up
Resolution authorizing the issuance and sale of $100,000,000 of
revenue bonds in order to finance certain gas and electric
facilities for SDG&E.
RECOMMENDATION: That Council approve the Resolution.
DISCUSSION:
Several months ago San Diego Gas & Electric Company requested City
assistance in financing or refinancing certain gas and electric,
generation, transmission and distribution facilities located
outside the city as well as within the City. Pursuant to SDG&E's
request, on March 24, 1992 the Council adopted Ordinance No. 2498
which gave the city flexibility to issue revenue bonds to finance
industrial, commercial or utility projects located within or
without the City upon a finding of benefit to the city, and also
approved Resolution No. 16546 declaring the City's intent to make
the proceeds of future revenue bonds available to SDG&E for
electrical facilities.
Tonight's action is the next step in the process and authorizes the
issuance and sale of up to $100,000,000 revenue bonds by the city
to finance certain gas and electric facilities for SDG&E, and
authorizes and approves an Indenture of Trust and Loan Aqreement
providing for the repayment by SDG&E of the loan of the proceeds of
the revenue bonds.
~-I
Page 2, Item
Meeting Date
f.o
5/19/92
The Loan Aareement is between the city of Chula vista and SDG&E.
It provides that the City will loan the proceeds of the revenue
bonds to SDG&E for construction of gas and electric facilities and
that the loan repayment amounts by SDG&E will be sufficient to pay
the principal and interest on the bonds issued by the city. Any
bonds issued by the City on behalf of SDG&E will be limited
obliaation revenue bonds and will not constitute an indebtedness
aaainst the aeneral credit or taxina power of the citv or the state
of California. Payment of the bonds will be solely from and
secured by a pledge of revenue to be received from SDG&E pursuant
to the Loan Agreement.
The Indenture of Trust is between the city of Chula vista and the
Trustee (to be named at a later date) and provides that the Trustee
will keep records of the bonds issued, administer the bond proceeds
in accordance with the Loan Agreement, receive loan repayments from
SDG&E, and make the required payments to the bond holders.
If Council approves tonight's Resolution, then a judicial
proceeding to validate the issuance of the bonds will be commenced
in San Diego County Court. orrick, Herrington and Sutcliffe, Bond
Counsel, will prepare and file the complaint and other documents
necessary for the validation action. All costs will be paid by
SDG&E. The validation action is necessary to insure that the City
has the legal authority to issue bonds on behalf of a utility
company.
If the validation process is completed successfully, the city will
then hold a Public Hearing regarding the issuance of the bonds and
apply to the California Debt Limit Allocation Committee (CDLAC) for
authorization to issue bonds under the State private activity bond
volume cap.
FISCAL IMPACT:
Any bonds issued will be limited obligations of the city of Chula
vista payable solely from revenues to be received from SDG&E. The
City will also receive a one time fee from SDG&E, payable at the
time of issuance of bonds, in the amount equal to .25 percent of
the principal amount of the revenue bonds issued for the benefit of
SDG&E. Thus, if the City were to issue $100,000,000 of revenue
bonds for the benefit of SDG&E, the City would expect to receive
$250,000 in fees.
t.. ~.2.
.
RESOLUTION NO. 1~~~!5
CITY OF CHULA VISTA
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE
OF NOT TO EXCEED ~OO.OOO.OOO AGGREGATE
PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS OF THE CITY OF CHULA VISTA TO
FINANCE COSTS OF CERTAIN GAS AND ELECTRIC
FACILITIES FOR SAN DIEGO GAS & ELECTRIC
COMPANY; AUTHORIZING THE EXECUTION AND
DELIVERY OF AN INDENTURE OF TRUST AND A LOAN
AGREEMENT PROVIDING FOR THE ISSUANCE OF THE
BONDS AND THE REPAYMENT OF THE LOAN OF THE
PROCEEDS THEREOF, RESPECTIVELY;
AND RELATED MATTERS.
WHEREAS, the City of Chula vista (the "City") is
authorized pursuant to its Charter and Chapter 3.48 of the
Municipal Code of the City (the "Municipal Code") to assist in
financing or refinancing utility facilities located within and
without the City;
WHEREAS, the Municipal Code provides that the City may
issue revenue bonds payable exclusively from the revenues derived
from such utility facilities in order to provide funds to finance
or refinance such facilities;
WHEREAS, the Municipal Code provides that such revenue
bonds shall be secured by a pledge of the revenues out of which
such bonds shall be payable;
WHEREAS, pursuant to Resolution No.~6456, adopted
March 24, 1992, the City Council of the City took "official
action" toward the issuance of indebtedness for the purpose of
assisting in the financing of electric generation, transmission
and distribution facilities located in San Diego county and
CHUVSTA\BOND_RES.YPF
040452-000002-506 05/07/92
b-:d
Orange County (the "Service Area") for San Diego Gas & Electric
Company, a California corporation (the "Company");
WHEREAS, the City has determined that it is desirable
to finance a portion of the cost of the acquisition, construction
and installation of such electric facilities as well as gas
transmission and distribution facilities located in the Service
Area (collectively, the "Project") for the company through the
issuance and sale of hone or more series of revenue bonds of the
City, in an aggregate principal amount not to exceed ~oo,ooo,ooo
(the "Bonds"), and the loan of the proceeds thereof to the
Company;
WHEREAS, the Bonds will be issued under and pursuant
to, and are to be secured by, an Indenture of Trust in
substantially the form before this meeting (the "Indenture"), by
and between the City and~ bank or trust company acceptable to
the Company and the officers of the city executing the Indenture,
as trustee (the "Trustee");
WHEREAS, the proceeds of the Bonds will be loaned to
the Company for the purposes described above pursuant to a Loan
Agreement in substantially the form before this meeting (the
"Loan Agreement"), by and between the City and the Company,
whereby the company will covenant and agree to make payments to
the Trustee (as assignee of the City's rights under the Loan
Agreement) sufficient to pay the principal of, premium, if any,
and interest on the Bonds when the same become due and payable,
and to make such other payments and satisfy such other
obligations as may be required therein and in the Municipal Code;
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NOW, THEREFORE, BE IT RESOLVED by the city council of
the City of Chula Vista, California as follows:
section 1. The city Council hereby finds and
determines that the foregoing recitals are true and correct and
that the gas transmission and distribution facilities and
electric generation, transmission and distribution facilities to
be financed with the proceeds of the Bonds shall directly benefit
the citizens of the City by reducing the costs of providing
utility service within the City and thereby reducing the rates to
be paid by industrial, commercial and residential utility
customers within the City.
section 2. In order to finance the costs of the
Project, the Bonds are hereby authorized to be issued in an
aggregate principal amount not to exceed ~oo,ooo,ooo pursuant to
the Indenture in substantially the form which is attached hereto
as Exhibit A and incorporated herein by reference and containing
substantially the terms and provisions set forth therein. The
Mayor and the City Clerk are hereby authorized and directed to
execute, attest, seal and deliver the Indenture with such
additions or changes in said form as such officers may recommend
or approve upon consultation with the City Attorney and bond
counsel to the City, the approval of such additions or changes to
be evidenced conclusively by the execution and delivery of the
Indenture.
section 3. The Mayor and the City Clerk are hereby
authorized and directed to execute, attest, seal and deliver the
Bonds as provided in the Indenture, including the use of
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facsimile signatures on the Bonds. The Bonds may be issued in
one or more series, shall be designated as City of Chula vista
Industrial Development Revenue Bonds (San Diego Gas & Electric
company), and shall (i) be in such denominations; (ii) bear such
date or dates; (iii) mature at such time or times; (iv) bear
interest at such rate or rates; (v) be in such form; (vi) carry
such registration privileges; (vii) be executed in such manner;
(viii) be payable at such place or places within or without the
State of California; (ix) be subject to such terms of redemption;
and (x) be subject to such other terms and conditions, all as
provided in the Indenture, as finally executed.
section 4. The city shall lend the proceeds of the
Bonds to the Company to finance a portion of the cost of the
Project pursuant to the Loan Agreement in substantially the form
which is attached hereto as Exhibit B and incorporated herein by
reference and containing substantially the terms and provisions
(including repayment provisions) set forth therein. The Mayor
and the city Clerk are hereby authorized and directed to execute,
attest, seal and deliver the Loan Agreement with such additions
or changes in said form as such officers may recommend or approve
upon consultation with the City Attorney and bond counsel to the
City, the approval of such additions or changes to be evidenced
conclusively by the execution and delivery of the Loan Agreement.
Section 5. It is hereby found, determined and declared
that the Bonds and interest and premium, if any, thereon shall
never constitute a debt or liability or a pledge of the faith and
credit of the City within the meaning of any constitutional or
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statutory provision or limitation and shall not directly or
indirectly or contingently obligate the City to levy or to pledge
any form of taxation whatever therefor or to make any
appropriation for their payment. The Bonds and interest and
premium, if any, thereon shall be payable solely and only from
the revenues derived from the Loan Agreement.
section 6. The Director of Finance of the city is
hereby authorized and directed to file an application with the
California Debt Limit Allocation Committee ("CDLAC") and take all
other steps necessary to obtain a portion of the state of
California's private activity bond volume cap in an amount
sufficient to provide for the Project, upon establishment and
funding by the Company of an escrow account in accordance with
CD LAC requirements.
section 7. All actions heretofore taken by the
officers and agents of the City with respect to the financing of
the Project and the authorization and issuance of the Bonds are
hereby approved, confirmed and ratified, and the Mayor, the City
Manager, the Director of Finance and the City Clerk, or any of
them, or their duly authorized designees, are hereby authorized
and directed to execute, attest, seal and deliver any and all
documents, including but not limited to those described in the
Indenture and the Loan Agreement, and do any and all things,
deemed necessary to effect the issuance and delivery of the Bonds
and the execution and delivery of the Loan Agreement and the
Indenture and to carry out the intent and purpose of this
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resolution and otherwise necessary to carry out the financing of
the Project.
section 8. All consents, approvals, notices, orders,
requests and other actions permitted or required by any of the
documents authorized by this resolution, including without
limitation any of the foregoing which may be,necessary or
desirable in connection with any default under or amendment of
such documents, any transfer or other disposition of the Project,
any substitution of credit enhancement for the Bonds or any
redemption of the Bonds, may be given or taken by the Director of
Finance without further authorization by the City Council, and
the Director of Finance is hereby authorized and directed to give
any such consent, approval, notice, order or request and to take
any such action which such officer may deem necessary or
desirable to further the purposes of this resolution and the
financing of the Project.
section 9. The provisions of this resolution are
hereby declared to be severable and if any section, phrase or
provision shall for any reason be declared to be invalid, such
declaration shall not affect the validity of the remainder of the
sections, phrases and provisions.
section 10. All resolutions or parts thereof in
conflict herewith, if any (of which none are known to the city),
are hereby repealed to the extent of such conflict.
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section 11. This resolution shall become effective
immediately upon adoption.
Presented by
Lyman Christopher
Director of Finance
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Bruce M.
Attorney
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~~
,
LOAN AGREEMENT
Between
CITY OF CHULA VISTA
And
SAN DIEGO GAS & ELECTRIC COMPANY
relating to
$
City of Chula vista
Industrial Development Revenue Bonds
(San Diego Gas & Electric company)
1992 Series A
Dated as of
1, 1992
ORS Draft
t';~;~I~:!.iZIl
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PARTIES. .
PREAMBLES.
SECTION 1.1
SECTION 1. 2
SECTION 1.3
SECTION 2.1
SECTION 2.2
SECTION 3.1
SECTION 3.2
SECTION 3.3
SECTION 3.4
SECTION 3.5
SECTION 4.1
SECTION 4.2
SECTION 4.3
SECTION 4.4
SECTION 4.5
CHUVSTA\LOAN.CPW
LOAN AGREEMENT
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
Definition of Terms
Number and Gender .
Articles, Sections, Etc.
ARTICLE II
REPRESENTATIONS
Representations of the City
Representations of the Borrower
ARTICLE III
CONSTRUCTION OF THE PROJECT;
ISSUANCE OF THE BONDS
Agreement to Construct the Project.
Agreement to Issue Bonds;
Application of Bond Proceeds. .
Disbursements from the
Construction Fund . . . . . . .
Establishment of Completion Date;
obligation of Borrower to
Complete. . . . . . . . . .
Investment of Moneys in Funds
ARTICLE IV
Paae
1
1
.
2
2
2
.
2
3
4
5
5
~rr1t~
LOANS OF PROCEEDS; REPAYMENT PROVISIONS
Loan of Bond Proceeds . . . . .
Repayment and Payment of Other
Amounts Payable . . . . .
Unconditional obligation. .
Assignment of City's Rights
Amounts Remaining in Funds
i
6 -1.2
8
.
8
9
10
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SECTION 5.1
SECTION 5.2
SECTION 5.3
SECTION 5.4
SECTION 5.5
SECTION 5.6
SECTION 6.1
SECTION 6.2
SECTION 6.3
SECTION 6.4
SECTION 6.5
SECTION 7.1
SECTION 7.2
SECTION 7.3
SECTION 7.4
SECTION 7.5
ARTICLE V
SPECIAL COVENANTS AND AGREEMENTS
Right of Access to the Project
The Borrower's Maintenance of its
Existence; Assignments . . . .
Records and Financial Statements
of Borrower . . . . . . .
Maintenance and Repair . .
Qualification in california
Tax Exempt Status of Bonds
ARTICLE VI
EVENTS OF DEFAULT AND REMEDIES
. Events of Default . . . . . . . .
Remedies on Default . . . . . . .
Agreement to Pay Attorneys' Fees
and Expenses . . . . . .
No Remedy Exclusive . . . . . .
No Additional waiver Implied by
One Waiver . . . . . . . . .
ARTICLE VII
PREPAYMENT
Redemption of Bonds with Prepayment
Moneys . . . . . . . . . . .
options to Prepay Installments
Mandatory Prepayment
Amount of Prepayment
Notice of Prepayment
ARTICLE VIII
NON-LIABILITY OF CITY; EXPENSES; INDEMNIFICATION
SECTION 8.1
SECTION 8.2
SECTION 8.3
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Non-Liability of City
Expenses . .. .
Indemnification . . .
ii
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Paqe
11
11
12
12
12
12
..
15
16
17
17
18
18
18
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20
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040452-000002-132 05/08/92
SECTION 9.1
SECTION 9.2
SECTION 9.3
SECTION 9.4
SECTION 9.5
SECTION 9.6
SECTION 9.7
SECTION 9.8
TESTIMONIUM
Paqe
ARTICLE IX
MISCELLANEOUS
Notices . . . . . . . . .
Severability . . . . . .
Execution of Counterparts
Amendments, changes and
Modifications . . . . . .
Governing Law . . . . . .
Authorized Borrower Representative
Term of the Agreement
Binding Effect . . . . . . . . . .
21
21
21
22
22
22
22
22
23
. . .
23
SIGNATURES AND SEALS
Description of the project
EXHIBIT A
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LOAN AGREEMENT
THIS LOAN AGREEMENT, dated as of 1, 1992, by
and between the CITY OF CHULA VISTA, a municipal corporation and
charter city duly organized and existing under the laws and
Constitution of the State of california (the "city"), and SAN
DIEGO GAS & ELECTRIC COMPANY, a corporation organized and
existing under the laws of the State of California (the
"Borrower"),
WIT N E SSE T H :
WHEREAS, the city is a municipal corporation and
charter city, duly organized and existing under a freeholders'
charter pursuant to which the City has the right and power to
make and enforce all laws and regulations in accordance with and
as more particularly provided in sections 3, 5 and 7 of Article
XI of the constitution of the State of california and Section 200
of the Charter of the City (the "Charter"); and
WHEREAS, the City Council of the city, acting under and
pursuant to the powers reserved to the City under sections 3, 5
and 7 of Article XI of the Constitution and section 200 of the
Charter, has enacted Chapter 3.48 of the Chula vista Municipal
Code, pursuant to Ordinance No. 1970 adopted on February 9, 1982,
as amended from time to time (the "Law"), establishing a program
to provide financial assistance for the acquisition, construction
and installation of facilities for industrial, commercial or
public utility purposes; and
WHEREAS, the Borrower has duly applied to the City for
financial assistance to acquire, construct and install facilities
for the local distribution of electric energy and gas (the
"Project") as more fully described in Exhibit A hereto; and
WHEREAS, the City after due investigation and
deliberation has adopted its resolution authorizing the prov~s~on
or lending of financial assistance to the Borrower for the
acquisition, construction and installation of the Project; and
WHEREAS, the City proposes to assist in financing the
Project upon the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and
the respective representations and covenants herein contained,
the parties hereto agree as follows:
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.
ARTICLE I
DEFINITIONS
SECTION 1.1. DEFINITION OF TERMS. Unless the context
otherwise requires, the terms used in this Agreement shall have
the meanings specified in Section 1.01 of the Indenture of Trust,
of even date herewith (the "Indenture"), by and between the city
and [Trustee], , California, as Trustee (the
"Trustee"), as originally executed or as it may from time to time
be supplemented or amended as provided therein.
SECTION 1.2. NUMBER AND GENDER. The singular form of
any word used herein, including the terms defined in Section 1.01
of the Indenture, shall include the plural, and vice versa. The
use herein of a word of any gender shall include all genders.
SECTION 1.3. ARTICLES, SECTIONS, ETC. Unless
otherwise specified, references to Articles, sections and other
subdivisions of this Agreement are to the designated Articles,
sections and other subdivisions of this Agreement as originally
executed. The words "hereof," "herein," "hereunder" and words of
similar import refer to this Agreement as a whole. The headings
or titles of the several articles and sections, and the table of
contents appended to copies hereof, shall be solely for
convenience of reference and shall not affect the meaning,
construction or effect of the provisions hereof.
ARTICLE II
REPRESENTATIONS
SECTION 2.1. REPRESENTATIONS OF THE CITY. The City
makes the following representations as the basis for its
undertakings herein contained:
(a) The City is a municipal corporation and charter
city in the State of California. Under the provisions of the
Law, the City has the power to enter into the transactions
contemplated by this Agreement and to carry out its obligations
hereunder. The Project constitutes and will constitute a
"project" as that term is defined in the Law. By proper action,
the City has been duly authorized to execute, deliver and duly
perform this Agreement and the Indenture.
(b) To finance a portion of the Cost of the Project,
the City will issue the Bonds which will mature, bear interest
and be subject to redemption as set forth in the Indenture.
(c) The Bonds will be issued under and secured by the
Indenture, pursuant to which the City's interest in this
Agreement (except certain rights of the City to payment for
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expenses and indemnification and to certain other payments) will
be pledged to the Trustee as security for payment of the
principal of, premium, if any, and interest on the Bonds.
(d) The City has not pledged and will not pledge its
interest in this Agreement for any purpose other than to secure
the Bonds under the Indenture. -
(e) The city is not in default under any of the
provisions of the laws of the state of california or the city's
Charter which default would affect its existence or its powers
referred to in subsection (a) of this Section 2.1.
(f) The city has found and determined and hereby finds
and determines that all requirements of the Law with respect to
the issuance of the Bonds and the execution of this Agreement and
the Indenture have been complied with and that financing the
Project by issuing the Bonds and entering into this Agreement and
the Indenture will be in furtherance of the purposes of the Law.
(g) On March 24, 1992, the City Council of the City
adopted a resolution evidencing its present intent to assist the
Borrower in financing the Project through the issuance of revenue
bonds in accordance with the Law.
(h) On , 1992, the city Council of the
City adopted Resolution No. --, authorizing the issuance of the
Bonds in a principal amount not to exceed $ ; and on
__, 1992, the city council of the City adopted
Resolution No. , authorizing the sale of the Bonds in the
amount of $
SECTION 2.2. REPRESENTATIONS OF THE BORROWER. The
Borrower makes the following representations as the basis for its
undertakings herein contained:
(a) The Borrower is a corporation duly formed under
the laws of the State of California, is in good standing in the
State of california and has the power to enter into and has duly
authorized, by proper corporate action, the execution and
delivery of this Agreement, the Mortgage Bonds and all other
documents contemplated hereby to be executed by the Borrower.
(b) Neither the execution and delivery of this
Agreement or the Mortgage Bonds, the consummation of the
transactions contemplated hereby, nor the fulfillment of or
compliance with the terms and conditions hereof and thereof,
conflicts with or results in a breach of any of the terms,
conditions or provisions of the Borrower's Articles of
Incorporation or By-laws or of any corporate actions or of any
agreement or instrument to which the Borrower is now a party or
by which it is bound, or constitutes a default (with due notice
or the passage of time or both) under any of.the foregoing, or
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results in the creation or imposition of any prohibited lien,
charge or encumbrance whatsoever upon any of the property or
assets of the Borrower under the terms of any instrument or
agreement to which the Borrower is now a party or by which it is
bound.
(c) The estimated Cost of the Project to be provided
from proceeds of the Bonds has been determined in accordance with
sound engineering practices and generally accepted accounting
principles.
(d) The Project consists and will consist of those
facilities described in Exhibit A hereto, and the. Borrower shall
make no changes to the Project or to the operation thereof which
would affect the. qualification of the Project as a "project"
under the Law or impair the exemption from gross income of the
interest on the Bonds for federal income tax purposes. In
particular, the Borrower shall comply with all requiremenes of
the San Diego Gas & Electric Company Engineering and Financial
certificate, dated the Issue Date (the "Engineering
certificate"), which is hereby incorporated by reference herein.
The Project consists of facilities for the local furniShing of
gas and electricity as described in the Engineering Certificate.
The Borrower intends to utilize the Project as facilities for the
local furnishing of electric energy or gas throughout the
foreseeable future.
(e) The Borrower has and will have title to the
Project sufficient to carry out the purposes of this Agreement.
(f) The economic useful life of the Project is as set
forth in the Engineering certificate.
(g) All certificates, approvals, permits and
authorizations with respect to the construction of the Project of
agencies of applicable local governmental agencies, the State of
California and the federal government have been obtained.
ARTICLE III
CONSTRUCTION OF THE PROJECT; ISSUANCE OF THE BONDS
SECTION 3.1. AGREEMENT TO CONSTRUCT THE PROJECT. The
Borrower agrees that it will acquire, construct and install, or
complete the acquisition, construction and installation of, the
Project, and will acquire, construct and install all other
facilities and real and personal property deemed necessary for
the operation of the Project, substantially in accordance with
the description prepared thereof by the Borrower and submitted to
the city in its application for financing and approved by the
City, including any and all supplements, amendments and additions
or deletions thereto or therefrom, it being understood that the
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approval of the City shall not be required for changes in such
plans and specifications which do not alter the purpose and
description of the Project as set forth in Exhibit A hereto. The
Borrower further agrees to proceed with due diligence to complete
the project within three years from the date hereof.
In the event that the Borrower desires to amend or
supplement the Project, as described in Exhibit A hereto, and the
~~!!!!"C~~~ ~I~~':'~ral~~~~e:n~fw~~~hi~:~~~~~n~h~r
Trustee to consent to, such amendment or supplement upon receipt
of:
(i) a certificate of an Authorized Borrower
Representative describing in detail the proposed changes and
stating that they will not have the effect of disqualifying
any component of the Project as a facility that may be
financed pursuant to the Law;
(ii) a copy of the proposed form of amended or
supplemented Exhibit A hereto; and
(iii) an opinion of Bond Counsel that such proposed
changes will not affect the exclusion from gross income of
interest on the Bonds for federal income tax purposes.
SECTION 3.2. AGREEMENT TO ISSUE BONDS; APPLICATION OF
BOND PROCEEDS. To provide funds to finance the Cost of the
Project as provided in Section 4.1 hereof, the City agrees that
it will issue under the Indenture, sell and cause to be delivered
to the purchasers thereof, the Bonds, bearing interest as
provided and maturing on the date set forth in the Indenture.
The city will thereupon~@~BuSi .the proceeds received from the
sale of the Bonds ~~H~t'tt41~~.lI<l~as provided in the Indenture.
SECTION 3.3. DISBURSEMENTS FROM THE CONSTRUCTION FUND.
The Borrower will authorize and direct the Trustee, upon
compliance with Section 3.03 of the Indenture, to disburse the
moneys in the Construction Fund to or on behalf of the Borrower
only for the following purposes, subject to the provisions of
Section 5.6 hereof and the Tax Certificate:
(a) Payment to the Borrower of such amounts, if any,
as shall be necessary to reimburse the Borrower in full for all
advances and payments made by it, at any time prior to or after
the delivery of the Bonds, in connection with (i) the preparation
of plans and specifications for the Project (including any
preliminary study or planning of the project or any aspect
thereof) and (ii) the acquisition, construction and installation
of the Project.
(b) payment of the initial or acceptance fee of the
Trustee, the fees of the Trustee and any paying agent incurred
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during the Construction Period, legal, underwriting, financial
consulting, accounting and rating agency fees and expenses and
printing and engraving costs incurred in connection with the
authorization, sale and issuance of the Bonds, the execution of
the Indenture and the preparation of all other documents in
connection therewith; and payment of all fees, costs and expenses
incurred with respect to the preparation of this Agreement, the
Indenture, the Bonds, the Mortgage Bonds and all other documents
in connection therewith.
(c) payment for labor, services, materials and
supplies used by or furnished to the Borrower to improve the site
and to acquire and construct the Project, as provided in the
plans, specifications and work orders therefor; payment of the
costs of acquiring, constructing, and installing utility services
or other related facilities; payment of the costs of acquiring
all real and personal property deemed necessary to construct the
project; and payment of the miscellaneous expenses incidental to
any of the foregoing items.
(d) Payment of the fees, if any, of architects,
engineers, legal counsel and supervisors expended in connection
with the acquisition and construction of the Project.
(e.) Payment of the taxes, assessments and other
charges, if any, that are incurred during the Construction Period
with respect to the Project, or reimbursement thereof, if paid by
the Borrower.
(f) payment of expenses incurred in seeking to enforce
any remedy against any contractor or subcontractor in respect of
any default under a contract relating to the acquisition,
construction or installation of the Project.
(g) Interest accruing on the Bonds during the
Construction Period.
(h) Payment of any amount then payable to the Rebate
Fund, pursuant to the Tax certificate, section 5.6 hereof and
section 6.06 of the Indenture.
All moneys remaining in the Construction Fund after the
Completion Date and after payment or provision for payment of all
other items provided for in the preceding subsections (a) to (h),
inclusive, of this Section, shall be used in accordance with
section 3.03 of the Indenture.
Each of the payments referred to in this section 3.3
shall be made upon receipt by the Trustee of a written
requisition in the form prescribed by section 3.03 of the
Indenture, signed by an Authorized Borrower Representative.
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SECTION 3.4. ESTABLISHMENT OF COMPLETION DATE;
OBLIGATION OF BORROWER TO COMPLETE. As soon as the Project is
completed, the Borrower shall evidence the Completion Date by
providing to the Trustee and the City a certificate of an
Authorized Borrower Representative stating the Cost of the
Project and further stating that (i) construction of the Project
has been completed substantially in accordance with the plans,
specifications and work orders therefor, and all labor, services,
materials and supplies used in construction have been paid for,
and (ii) all other facilities necessary in connection with the
project have been acquired, constructed and installed in
accordance with the plans and specifications and work orders
therefor and all costs and expenses incurred in connection
therewith have been paid. Notwithstanding the foregoing, such
certificate may state that it is given without prejudice to any
rights of the Borrower against third parties for the payment of
any amount not then due and payable which exist at the date of
such certificate or which may subsequently exist.
At the time such certificate is delivered to the
Trus~ee, moneys remaining in the Construction Fund, including any
earn~ngs resulting from the investment of such moneys, shall be
used as provided in section 3.03 of the Indenture.
In the event the moneys in the Construction Fund
available for payment of the Cost of the Project should be
insufficient to pay the costs thereof in full, the Borrower
agrees to pay directly, or to deposit in the Construction Fund
moneys sufficient to pay, any costs of completing the Project in
excess of the moneys available for such purpose in the
Construction Fund. The City makes no express or implied warranty
that the moneys deposited in the Construction Fund and available
for payment of the Cost of the Project, under the provisions of
this Agreement, will be sufficient to pay all the amounts which
may be incurred for such Cost. The Borrower agrees that if,
after exhaustion of the moneys in the Construction Fund, the
Borrower should pay any portion of the Cost of the Project
pursuant to the provisions of this Section, it shall not be
entitled to any reimbursement therefor from the City, from the
Trustee or from the holders of any of the Bonds, nor shall it be
entitled to any diminution of the amounts payable under section
4.2 hereof.
SECTION 3.5. INVESTMENT OF MONEYS IN FUNDS. Any
moneys in any fund held by the Trustee shall, at the written
request of an Authorized Borrower Representative, be invested or
reinvested by the Trustee as provided in the Indenture. Such
investments shall be held by the Trustee and shall be deemed at
all times a part of the fund from which such investments were
made, and the interest accruing thereon and any profit or loss
realized therefrom shall, except as otherwise provided in the.
Indenture, be credited or charged to such fund.
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ARTICLE IV
LOAN OF PROCEEDS; REPAYMENT PROVISIONS
SECTION 4.1. LOAN OF BOND PROCEEDS. The City
covenants and agrees, upon the terms and conditions in this
Agreement, to make a loan to the Borrower for the purpose of
financing the Cost of the project. Pursuant to said covenant and
agreement, the city will issue the Bonds upon the terms and
conditions contained in this Agreement and the Indenture and will
cause the Bond proceeds to be applied as provided in Article III
thereof. Except as provided in Section 3.02 of the Indenture,
such proceeds shall be disbursed to or on behalf of the Borrower
as provided in Section 3.3 hereof.
SECTION 4.2. REPAYMENT AND PAYMENT OF OTHER AMOUNTS
PAYABLE. To evidence, secure and provide for the repayment of
the loan made hereunder, the Borrower hereby and concurrently
herewith delivers to the Trustee its Mortgage Bonds, of like
principal amount, maturity date, interest rate and redemption
provisions as the Bonds. In addition, the Borrower agrees to
make the payments required by subsection (a) (to the extent such
payments are not timely provided for by the payment of principal
of and interest on the Mortgage Bonds) through (d) of this
Section as Repayment Installments on such loan.
(a) The Borrower covenants and agrees to pay to the
Trustee as a Repayment Installment on the loan to the Borrower
from Bond proceeds pursuant to Section 4.1 hereof, on each date
provided in or pursuant to the Indenture for the payment of
principal (whether at maturity or upon redemption or
acceleration) of, premium, if any, and/or interest on the Bonds,
until the principal of, premium, if any, and interest on the
Bonds shall have been fully paid or provision for the payment
thereof shall have been made in accordance with the Indenture, in
immediately available funds, for deposit in the Bond Fund, a sum
equal to the amount then payable as principal (whether at
maturity or upon redemption or acceleration), premium, if any,
and interest upon the Bonds as provided in the. Indenture. .
Each payment pursuant to the Mortgage Bonds, together
with any other payments made pursuant to this Section 4.2(a),
shall at all times be sufficient to pay the total amount of
interest and principal (whether at maturity or upon redemption.or
acceleration) and premium, if any, then payable on the Bonds;
provided that any amount held by the Trustee in the Bond Fund on
any due date for a Repayment Installment hereunder shall be
credited against the installment due on such date to the extent
available for such purpose; and provided further that, subject to
the provisions of this paragraph, if at any time the amounts held
by the Trustee in the Bond Fund are sufficient to pay all of the
principal of and interest and premium, if any, on the Bonds as
such payments become due, the Borrower shall be relieved of any
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obligation to make any further payments under the provisions of
this Section. Notwithstanding the foregoing, if on any date the
amount held by the Trustee in the Bond Fund is insufficient to
make any required payments of principal of (whether at maturity
or upon redemption or acceleration) and interest and premium, if
any, on the Bonds as such payments become due, the Borrower shall
forthwith pay such deficiency as a Repayment Installment -
hereunder.
(b) The Borrower also agrees to pay to the Trustee
until the principal of, premium, if any, and interest on the
Bonds shall have been fully paid or provision for the payment
thereof shall have been made as required by the Indenture,
(i) the annual fee of the Trustee for its ordinary services
rendered as trustee, and its ordinary expenses incurred under the
Indenture, as and when the same become due, (ii) the reasonable
fees, charges and expenses of the Trustee, the Registrar and the
reasonable fees of any paying agent on the Bonds as provided in
the Indenture, as and when the same become due, (iii) the
reasonable fees, charges and expenses of the Trustee for the
necessary extraordinary services rendered by it and extraordinary
expenses incurred by it Under the Indenture, as and when the
same become due, and (iv) the cost of printing any Bonds required
to be l~rr'l] I~~I~D.
(c) The Borrower also agrees to pay, within 60 days
after receipt of request for payment thereof, all expenses
required to be paid by the Borrower under the terms of the Bond
Purchase Agreement executed by it in connection with the sale of
the Bonds, and all reasonable expenses of the City related to the
financing of the Project which are not otherwise required to be
paid by the Borrower under the terms of this Agreement; provided
that the City shall have obtained the prior written approval of
the Authorized Borrower Representative for any expenditures other
than those provided for herein or in said Bond Purchase
Agreement.
The Borrower also agrees to pay to the City within five
business days following the Issue Date a documentation fee in the
amount of $
(d) In the event the Borrower should fail to make any
~~i;h~e~~~~~t:u~~~;~~n~; :~~~~c~~~~~n~:) a!m!b~~"!n~c~fo~he
Borrower until such amounts shall have been fully paid. The
Borrower agrees to pay such amounts, together with interest
thereon until paid, to the extent permitted by law, at the rate
of ten percent (10%) per annum. Interest on overdue payments
required under subsection (a) above shall be paid to Bondholders
as provided in the Indenture.
SECTION 4.3. UNCONDITIONAL OBLIGATION. The
obligations of the Borrower to make the payments required by
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Section 4.2 hereof (including payments on the Mortgage Bonds) and
to perform and observe the other agreements on its part contained
herein shall be absolute and unconditional, irrespective of any
defense or any rights of set-off, recoupment or counterclaim it
might otherwise have against the City, and during the term of
this Agreement, the Borrower shall pay absolutely net the
payments to be made on account of the loan as prescribed in
Section 4.2 and all other payments required hereunder, free of
any deductions and without abatement, diminution or set-off.
until such time as the principal of, premium, if any, and
interest on the Bonds shall have been fully paid, or provision
for the payment thereof shall have been made as required by the
Indenture, the Borrower (i) will not suspend or discontinue any
payments provided for in Section 4.2 hereof; (ii) will perform
and observe all of its other covenants contained in this
Agreement; and (iii) will not terminate this Agreement for any
cause, including, without limitation, failure to complete the
Project, the occurrence of any act or circumstances that may
constitute failure of consideration, destruction of or damage to
the Project, commercial frustration of purpose, any change in the
tax or other laws of the United States of America or of the State
of California or any political subdivision of either of these, or
any failure of the City or the Trustee to perform and observe any
covenant, whether express or implied, or any duty, liability or
obligation arising out of or connected with this Agreement or the
Indenture, except to the extent permitted by this Agreement.
SECTION 4.4. ASSIGNMENT OF CITY'S RIGHTS. As security
for the payment of the Bonds, the City will assign to the Trustee
the City's rights under this Agreement, including the right to
receive payments hereunder (except the right of the City to
receive certain payments, if any, with respect to expenses and
indemnification and certain other purposes under sections 4.2(C),
6.3, 8.2 and 8.3 hereof) and any such rights under the Mortgage
Bonds, and the city hereby directs the Borrower to make the
payments required hereunder (except such payments for expenses
and indemnification) directly to the Trustee. The Borrower
hereby assents to such assignment and agrees to make payments
directly to the Trustee without defense or set-off by reason of
any dispute between the Borrower and the City or the Trustee.
SECTION 4.5. AMOUNTS REMAINING IN FUNDS. It is agreed
by the parties hereto that after payment in full of (i) the
Bonds, or after provision for such payment shall have been made
as provided in the Indenture, (ii) the fees, charges and expenses
of the Trustee, the Registrar and paying agents in accordance
with the Indenture and (iii) all other amounts required to be
paid under this Agreement and the Indenture, any amounts
remaining in any fund held by the Trustee under the Indenture
shall belong, subject to the requirements of section 6.06 of the
Indenture, .to the Borrower and be paid to the Borrower by the
Trustee.
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ARTICLE V
SPECIAL COVENANTS AND AGREEMENTS
SECTION 5.1. RIGHT OF ACCESS TO THE PROJECT. The
Borrower agrees that during the term of this Agreement the city,
the Trustee and the duly authorized agents of either of them
shall have the right at all reasonable times during normal
business hours to enter upon the site of the Project to examine
and inspect the Project; provided, however, that this right is
subject to federal and State of California laws and regulations
applicable to the site of the Project. The rights of access
hereby reserved to the City and the Trustee may be exercised
only after such agent shall have executed release of liability
and secrecy agreements if requested by the Borrower in the form
then currently used by the Borrower, and nothing contained in
this Section or in any other provision of this Agreement ~hall be
construed to entitle the city or the Trustee to any information
or inspection involving the confidential know-how of the
Borrower.
SECTION 5.2. THE BORROWER'S MAINTENANCE OF ITS
EXISTENCE; ASSIGNMENTS. (a) The Borrower agrees that during the
term of this Agreement it will maintain its corporate existence
in good standing and will not dissolve or otherwise dispose of
all or substantially all of its assets and will not consolidate
with or merge into another corporation or permit one or more
other corporations to consolidate or merge into it; provided,
that the Borrower may, without violating the covenants contained
in this section, consolidate with or merge into another
corporation, or permit one or more other corporations to
consolidate with or merge into it, or sell or otherwise transfer
to another corporation all or sUbstantially all of its assets and
thereafter dissolve, provided that (1) either (A) the Borrower is
the surviving corporation or (B) the surviving, resulting or
transferee corporation, as the case may be, (i) assumes and
agrees in writing to pay and perform all of the obligations of
the Borrower hereunder and under the Mortgage Bonds, and
(ii) qualifies to do business in the State of California; and
(2) the Borrower shall deliver to the Trustee an opinion of Bond
Counsel to the effect that such consolidation, merger or transfer
and dissolution does not in and of itself adversely affect the
exclusion from gross income for federal income tax purposes of
interest on the Bonds.
(b) The rights and obligations of the Borrower under
this Agreement may be assigned by the Borrower, with the written
consent of the city, in whole or in part subject, however, to
each of the following conditions:
(i) No assignment shall relieve the Borrower from
primary liability for any of its obligations hereunder, and in
the event of any assignment not pursuant to section 5.2(a), the
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Borrower shall continue to remain primarily liable for the
payments specified in Section 4.2 hereof, including payments
pursuant to the Mortgage Bonds, and for performance and
observance of the other agreements on its part herein provided to
be performed and observed by it.
(ii) Any assignment from the Borrower shall retain
for the Borrower such rights and interests as will permit it to
perform its obligations under this Agreement, and any assignee
from the Borrower shall assume the obligations of the Borrower
hereunder to the extent of the interest assigned.
(iii) The Borrower shall, within thirty days after
delivery thereof, furnish or cause to be furnished to the city
and the Trustee a true and complete copy of each such assignment
together with an instrument of assumption.
(iv) The Borrower shall cause to be delivered to
the City and the Trustee an opinion of Bond Counsel that such
assignment will not, in and of itself, result in the interest on
the Bonds being determined to be includable in the gross income
for federal income tax purposes of the owners thereof (other than
a "substantial user" of the project or a "related person" within
the meaning of Section 147(a) of the Code).
SECTION 5.3. RECORDS AND FINANCIAL STATEMENTS OF
BORROWER. The Borrower agrees (a) to keep and maintain full and
accurate accounts and records of its operations in accordance
with generally accepted accounting principles, (b) to permit the
Trustee for itself or on behalf of the holders of the Bonds and
its designated officers, employees, agents and representatives to
have access to such accounts and records and to make examinations
thereof at all reasonable times and (c) upon request of the
Trustee, to provide the Trustee with the Borrower's most recent
audited financial statements.
SECTION 5.4. MAINTENANCE AND REPAIR. The Borrower
agrees that as long as it owns the Project it will (i) maintain,
or cause to be maintained, the Project in as reasonably safe
condition as its operations shall permit and (ii) maintain, or
cause to be maintained, the project in good repair and in good
operating condition, ordinary wear and tear excepted, making from
time to time all necessary repairs thereto and renewals and
replacements thereof.
SECTION 5.5. QUALIFICATION IN CALIFORNIA. The
Borrower agrees that throughout the term of this Agreement it, or
any successor or assignee as permitted by section 5.2, will be
qualified to do business in the State of California.
SECTION 5.6. TAX EXEMPT STATUS OF BONDS. (A) It is
the intention of the parties hereto that interest on the Bonds
shall be and remain excluded from gross income for federal income
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tax purposes, and to that end the covenants and agreements of the
city and the Borrower in this section are for the benefit of the
Trustee and each and every holder of the Bonds.
(B) The City hereby certifies that it has not been
notified of any listing or proposed listing of it by the Internal
Revenue service as a bond issuer whose arbitrage certifications
may not be relied upon.
(C) The Borrower hereby covenants with all purchasers
and holders of the Bonds from time to time outstanding that
(a) substantially all of the proceeds of the Bonds are to be used
to provide facilities for the local furnishing of electric energy
o or gas within the meaning of section 142{a){8) of the Code,
(b) moneys on deposit in any fund or account in connection with
the Bonds, whether such moneys were derived from the proceeds of
the sale of the Bonds or from any other sources, will not.be used
and the Project will not be used in a manner which would cause
the Bonds to be "federally guaranteed bonds" within the meaning
of section 149{b) of the Code, and any applicable regulations of
the united states Department of the Treasury now or hereafter
proposed or promulgated thereunder (the "Regulations"); (c) not
more than 25% of the proceeds of the Bonds will be used, directly
or indirectly, for the acquisition of land or interests in land
as provided in Section 147(c) of the Code and the Regulations;
(d) proceeds of the Bonds will only be used to acquire property
(other than land or interests therein) the first use of which is
pursuant to such acquisition; (e) no portion of the proceeds of
the Bonds will be used to provide any airplane, skybox, or other
private luxury box, any health club facility, any facility
primarily used for gambling, or any store the principal business
of which is the sale of alcoholic beverages for consumption off
premises; and (f) no more that two percent (2%) of the proceeds
of sale of the Bonds will be used to pay costs of issuance of the
Bonds.
(D)
not
o
lif 0.0 0.W1 I
"arbitrageOoborids"Owith1iftheoriieariing of section
The Borrower and the City each further covenant and agree that
"~u~!:~ ~~;II~~;n~;~:c~rt~~i~r~=;::m;~t~nr~s;u~~Ym~~~~; ~:ld by
would, or enter into, or allow any related person to enter into,
any arrangement, formal or informal, that would cause any Bond to
be an "arbitrage bond" within the meaning of section 148(a) of
said Code. To such ends with respect to the Bonds the city and
the Borrower will comply with all requirements of such
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Section 148 to the extent applicable to the Bonds. In the event
that at any time the City or the Borrower is of the opinion that
for purposes of this section 5.6(0) it is necessary to restrict
or limit the yield on the investment of any moneys held by the
Trustee under this Agreement or the Indenture, the Borrower shall
so notify the Trustee in writing.
Without limiting the generality of the foregoing, the
Borrower I~I i'lifl that there shall be paid from time to time
all amountlfrequired to be rebated to the united States pursuant
to Section 148(f) of the Code and any temporary, proposed or
final Treasury Regulations as may be applicable to the Bonds from
time to time. This covenant shall survive payment in full or
defeasance of the Bonds. The Borrower ~W~ specifically ~$I
"'!!~ I~ ~~~~~0~~~:ed;~e~i~:~du~~:;fi~e~~t~~d6~~:t~!~~~ethe
Indenture the Rebate Amounts as described in the Tax certificate.
(E) The city covenants and agrees that it has not .
taken and will not take any action which results in interest paid
on the Bonds being included in gross income of the holders of the
Bonds for federal income tax purposes pursuant to Sections 103
and 141 through 150 of the Code; and the Borrower covenants and
agrees that it has not taken or permitted to be taken and will
not take or permit to be taken any action which will cause the
interest on the Bonds to become includable in gross income for
federal income tax purposes pursuant to the provisions of
sections 103 and 141 through 150 of the Code; provided that
neither the Borrower nor the city shall have violated these
covenants if the interest on any of the Bonds becomes taxable to
a person solely because such person is a "substantial user" of
the Project or a "related person" within the meaning of Section
147(a) of the Code; and provided further that none of the
covenants and agreements herein contained shall require either
the Borrower or the city to enter an appearance or intervene in
any administrative, legislative or judicial proceeding in
connection with any changes in applicable laws, rules or
regulations or in connection with any decisions of any court or
administrative agency or other governmental body affecting the
taxation of interest on the Bonds. The Borrower acknowledges
having read Section 6.06 of the Indenture and agrees to perform
all duties imposed on it by such section, by this section 131 and
by the Tax Certificate. Insofar as Section 6.06 of the Indenture
and the Tax Certificate impose duties and responsibilities on the
Borrower, they are specifically incorporated herein by reference.
(F) Notwithstanding any provision of this Section 5.6
and section 6.06 of the Indenture, if the Borrower shall provide
to the City and the Trustee an opinion of Orrick, Herrington &
Sutcliffe, or its successors, that any specified action required
under this section 5.6 and Section 6.06 of the Indenture is no
longer required or that some further or different action is
required to maintain the exclusion from federal income tax of
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"-~8
interest with respect to the Bonds, the Borrower, the Trustee and
the city may conclusively rely on such opinion in complying with
the requirements of this Section, and the covenants hereunder
shall be deemed to be modified to that extent.
ARTICLE VI
EVENTS OF DEFAULT AND REMEDIES
SECTION 6.1. EVENTS OF DEFAULT. Anyone of the
following which occurs and continues shall constitute an Event of
Default:
(a) failure by the Borrower to pay any amounts
required to be paid under Section 4.2(a) hereof at the times
required to avoid causing an Event of Default pursuant to
the Indenture; or
(b) failure of the Borrower to observe and
perform any covenant, condition or agreement on its part
required to be observed or performed by this Agreement,
other than making the payments referred to in (a) above,
which continues for a period of 60 days after written
notice, which notice shall specify such failure and request
that it be remedied, given to the Borrower by the City or
the Trustee, unless the City and the Trustee shall agree in
writing to an extension of such time; provided, however,
that if the failure stated in the notice cannot be corrected
within such period, the City and the Trustee will not
unreasonably withhold their consent to an extension of such
time if corrective action is instituted within such period
and diligently pursued until the default is corrected; or
(c) occurrence of a "completed default" under and
as defined in the Borrower Indenture; or
(d) an Act of Bankruptcy of the Borrower.
The provisions of subsection (b) of this Section are subject to
the limitation that the Borrower shall not be deemed in default
if and so long as the Borrower is unable to carry out its
agreements hereunder by reason of strikes, lockouts or other
industrial disturbances; acts of public enemies; orders of any
kind of the government of the United States or of the State of
California or any of their departments, agencies, or officials,
or any civil or military authority; insurrections, riots,
epidemics, landslides; lightning; earthquake; fire; hurricanes;
storms; floods; washouts; droughts; arrests; restraint of
government and people; civil disturbances; explosions; breakage
or accident to machinery, transmission pipes or canals; partial
or entire failure of utilities; or any other cause or event not
reasonably within the control of the Borrower; it being agreed
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that the settlement of strikes, lockouts and other industrial
disturbances shall be entirely within the discretion of the
Borrower, and the Borrower shall not be required to make
settlement of strikes, lockouts and other industrial disturbances
by acceding to the demands of the opposing party or parties when
such course is, in the judgment of the Borrower, unfavorable to
the Borrower. This limitation shall not apply to any default
under subsections (a), (c) or (d) of this Section.
SECTION 6.2. REMEDIES ON DEFAULT. Whenever any Event
of Default shall have occurred and shall continue,
(a) The unpaid balance of the loan payable under
section 4.2(a) of this Agreement shall become due and
payable immediately, and the Trustee shall give immediate
written notice to the Borrower of such acceleration,
provided that concurrently with or prior to such notice the
unpaid principal amount of the Bonds shall have become due
and payable. upon any such acceleration such amount shall
become and shall be immediately due and payable in the
amount set forth in Section 7.01 of the Indenture.
(b) The Trustee may have access to and may
inspect, examine and make copies of the books and records
and any and all accounts, data and federal income tax and
other tax returns of the Borrower.
(c) The City or the Trustee may take whatever
action at law or in equity as may be necessary or desirable
to collect the payments and other amounts then due and
thereafter to become due or to enforce performance and
observance of any obligation, agreement or covenant of the
Borrower under this Agreement.
In case the Trustee or the City shall have proceeded to
enforce its rights under this Agreement and such proceedings
shall have been discontinued or abandoned for any reason or shall
have been determined adversely to the Trustee or the City, then,
and in every such case, the Borrower, the Trustee and the city
shall be restored respectively to their several positions and
rights hereunder, and all rights, remedies and powers of the
Borrower, the Trustee and the City shall continue as though no
such action had been taken.
The Borrower covenants that, in case an Event of
Default shall occur with respect to the payment of any Repayment
Installment payable under Section 4.2(a) hereof, then, upon
demand of the Trustee, the Borrower will pay to the Trustee the
whole amount that then shall have become due and payable under
said section, with interest, to the extent permitted by law, on
the amount then overdue at the rate of ten percent (10%) per
annum until such amount has been paid.
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t~p
In case the Borrower shall fail forthwith to pay such
amounts upon such demand, the Trustee shall be entitled and
empowered to institute any action or proceeding at law or in
equity for the collection of the sums so due and unpaid, and may
prosecute any such action or proceeding to judgment or final
decree, and may enforce any such judgment or final decree against
the Borrower and collect in the manner provided by law the moneys
adjudged or decreed to be payable.
In case proceedings shall be pending for the bankruptcy
or for the reorganization of the Borrower under the federal
bankruptcy laws or any other applicable law, or in case a
receiver or trustee shall have been appointed for the property of
the Borrower or in the case of any other similar judicial
proceedings relative to the Borrower, or the creditors or
property of the Borrower, then the Trustee shall be entitled and
empowered, by intervention in such proceedings or otherwise, to
file and prove a claim or claims for the whole amount owing and
unpaid pursuant to this Agreement and, in case of any judicial
proceedings, to file such proofs of claim and other papers or
documents as may be necessary or advisable in order to have the
claims of the Trustee allowed in such judicial proceedings
relative to the Borrower, its creditors or its property, and to
collect and receive any moneys or other property payable or
deliverable on any such claims, and to distribute such amounts as
provided in the Indenture after the deduction of its charges and
expenses. Any receiver, assignee or trustee in bankruptcy or
reorganization is hereby authorized to make such payments to the
Trustee, and to pay to the Trustee any amount due it for
compensation and expenses, including expenses and fees of counsel
incurred by it up to the date of such distribution.
SECTION 6.3. AGREEMENT TO PAY ATTORNEYS' FEES AND
EXPENSES. In the event the Borrower should default under any of
the provisions of this Agreement and the city or the Trustee
should employ attorneys or incur other expenses for the
collection of the payments due under this Agreement or the
enforcement of performance or observance of any obligation or
agreement on the part of the Borrower herein contained, the
Borrower agrees to pay to the city or the Trustee the reasonable
fees of such attorneys and such other expenses so incurred by the
city or the Trustee.
SECTION 6.4. NO REMEDY EXCLUSIVE. No remedy herein
conferred upon or reserved to the city or the Trustee is intended
to be exclusive of any other available remedy or remedies, but
each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now
or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon
any default shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed
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~~
expedient. In order to entitle the City or the Trustee to
exercise any remedy reserved to it in this Article, it shall not
be necessary to give any notice, other than such notice as may be
herein expressly required. Such rights and remedies as are given
the city hereunder shall also extend to the Trustee, and the
Trustee and the holders of the Bonds shall be deemed third party
beneficiaries of all covenants and agreements herein contained.
SECTION 6.5. NO ADDITIONAL WAIVER IMPLIED BY ONE
WAIVER. In the event any agreement or covenant contained in this
Agreement should be breached by the Borrower and thereafter
waived by the City or the Trustee, such waiver shall be limited
to the particular breach so waived and shall not be deemed to
waive any other breach hereunder.
ARTICLE VII
PREPAYMENT
SECTION 7.1. REDEMPTION OF BONDS WITH PREPAYMENT
MONEYS. By virtue of the assignment of the rights of the City
under this Agreement to the Trustee as is provided in section 4.4
hereof, the Borrower agrees to and shall pay directly to the
Trustee any amount permitted or required to be paid by it under
this Article VII. The Trustee shall use the moneys so paid to it
by the Borrower to effect redemption of the Bonds in accordance
with Article IV of the Indenture on the date specified for such
redemption pursuant to section 7.5 hereof.
SECTION 7.2. OPTIONS TO PREPAY INSTALLMENTS. The
Borrower shall have the option to prepay the amounts payable
under Section 4.2 hereof by paying to the Trustee, for deposit in
the Bond Fund, the amount set forth in section 7.4 hereof, under
the circumstances set forth in section 4.01(a) of the Indenture;
provided, however, that if any event specified in section
4.01(a)(1)(A) through (D) of the Indenture gives rise to the
Borrower's exercise of its option to prepay such amounts payable
hereunder, the amount of such loan payment prepaid shall not
exceed the original cost of the portion of the Project affected
by such event.
SECTION 7.3. MANDATORY PREPAYMENT. (a) The Borrower
shall have and hereby accepts the obligation to prepay Repayment
Installments to the extent mandatory redemption of the Bonds is
required pursuant to Section :~~j)J Il'1I11Jl~)i of the Indenture. The
Company shall satisfy its ob ITgat ion hereunder by prepaying such
Repayment Installments within one hundred eighty (180) days after
the occurrence of the event giving rise to such required
prepayment. The amount payable by the Borrower in the event of a
prepayment required by this Section shall be determined as set
forth in section 7.4 and shall be deposited in the Bond Fund.
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SECTION 7.4. AMOUNT OF PREPAYMENT. In the case of a
prepayment of the entire amount due hereunder pursuant to Section
7.2 or 7.3 hereof, the amount to be paid shall be a sum
sufficient, together with other funds and the yield on any
securities deposited with the Trustee and available for such
purpose, to pay (1) the principal of all Bonds outstanding on the
redemption date specified in the notice of redemption, plus
interest accrued and to accrue to the payment or redemption date
of the Bonds, plus premium, if any, pursuant to the Indenture,
(2) all reasonable and necessary fees and expenses of the City,
the Trustee and any paying agent accrued and to accrue through
final payment of the Bonds, and (3) all other liabilities of the
Borrower accrued and to accrue under this Agreement.
In the case of partial prepayment of the Repayment
Installments, the amount payable shall be a sum sufficient,
together with other funds deposited with the Trustee and
available for such purpose, to pay the principal amount of and
premium, if any, and accrued interest on the Bonds to be
redeemed, as provided in the Indenture, and to pay expenses of
redemption of such Bonds.
SECTION 7.5. NOTICE OF PREPAYMENT. To exercise an
option granted by this Article VII, the Borrower shall give
forty-five days prior written notice to the City and the Trustee
specifying the date upon which any prepayment will be
made. The City and the Trustee, at the request of the Borrower
or any such Bondholder or Bondholders, shall forthwith take all
steps necessary under the applicable provisions of the Indenture
(except that the City shall not be required to make payment of
any money required for such redemption) to effect redemption of
all or part of the then outstanding Bonds, as the case may be, on
the earliest practicable date thereafter on which such redemption
may be made under applicable provisions of the Indenture.
ARTICLE VIII
NON-LIABILITY OF CITY; EXPENSES; INDEMNIFICATION
SECTION 8.1 NON-LIABILITY OF CITY. The City shall not
be obligated to pay thePr:i':lcipal of,orprelllium,ifany,or
1nterest on the Bonds ~.., .. ." '. ..:::>.:'(...:.:.....U:t.<::.....:......:Iy...:.::..s.'.::.:":'lilir- .::- f.-:.:.....::::,..::;~.'\ "f"=::: ~
. C%1t"""""""'" "it?;;:: ",.., excep rom evenues . e
"'ere'Y'ackri6w edges that the City's sole source of
moneys to repay the Bonds will be provided by the payments made
by the Borrower pursuant to this Agreement, together with other
Revenues, inclUding investment income on certain funds and
accounts held by the Trustee under the Indenture, and hereby
agrees that if the payments to be made hereunder shall ever prove
insufficient to pay all principal of, and premium, if any, and
interest on the Bonds as the same shall become due (whether by
maturity, redemption, acceleration or otherwise), then upon
CHUVSTA\LOAN.CPW
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notice from the Trustee, the Borrower shall pay such amounts as
are required from time to time to prevent any deficiency or
default in the payment of such principal, premium or interest,
including, but not limited to, any deficieI1cycausedbY acts,
~~i~~~O~~~s~~~~e~~:n~~r~~w:~~f~~:a~~~yl!~I!!~~!f'~I~~~t;~e part
SECTION 8.2. EXPENSES. The Borrower covenants and
agrees to pay within fifteen (15) days after billing therefor and
to indemnify the city and the Trustee against all costs and
charges, including reasonable fees and disbursements of
attorneys, accountants, consultants, including financial
consultants, engineers and other experts, incurred in good faith
in connection with this Agreement, the Bonds or the Indenture.
The city shall notify the Borrower in writing prior to engaging
any professional or expert for which the City plans to bill the
Borrower.
SECTION 8.3. INDEMNIFICATION. The Borrower releases
the City and the Trustee from, and covenants and agrees that
neither the City nor the Trustee shall be liable for, and
covenants and agrees, to the extent permitted by law, to
indemnify and hold harmless the City and the Trustee and their
officers, employees and agents from and against, any and all
losses, claims, damages, liabilities or expenses, of every
conceivable kind, character and nature whatsoever arising out of,
resulting from or in any way connected with (1) the Project, or
the conditions, occupancy, use, possession, conduct or management
of, or work done in or about, or from the planning, design,
acquisition, installation or construction of the Project or any
part thereof; (2) the issuance of any Bonds or any certifications
or representations made in connection therewith and the carrying
out of any of the transactions contemplated by the Bonds and this
Agreement; (3) the Trustee's acceptance or administration of the
trusts under the Indenture, or the exercise or performance of any
of its powers or duties under the Indenture; or (4) any untrue
statement or alleged untrue statement of any material fact or
omission or alleged omission to state a material fact necessary
to make the statements made, in light of the circumstances under
which they were made, not misleading, in any official statement
or other offering circular utilized by the City or any
underwriter or placement agent in connection with the sale of any
Bonds; provided that such indemnity shall not be required for
damages that result from negligence or willful misconduct on the
part of the party seeking such indemnity. The indemnity of the
Trustee required by this section shall be only to the extent that
any loss sustained by the Trustee exceeds the net proceeds the
Trustee receives from any insurance carried with respect to the
loss sustained. The Borrower further covenants and agrees, to
the extent permitted by law, to payor to reimburse the City and
the Trustee and their officers, employees and agents for any and
all costs, reasonable attorneys fees, liabilities or expenses
incurred in connection with investigating, defending against or
CHUVSTA\LOAN.CPY
20
040452-000002-132 05/08/92
'-~JJ-
J
otherwise in connection with any such losses, claims, damages,
liabilities, expenses or actions, except to the extent that the
same arise out of the negligence or willful misconduct of the
party claiming such payment or reimbursement. The provisions of
this section shall survive the retirement of the Bonds.
ARTICLE IX
MISCELLANEOUS
SECTION 9.1. NOTICES. All notices, certificates or
other communications shall be deemed sufficiently given on the
second day following the day on which the same have been mailed
by certified mail, postage prepaid, addressed to the city, the
Borrower or the Trustee, as the case may be, as follows:
To the city:
City of Chula vista
276 Fourth Avenue
Chula Vista, California it:til 'Jijj)ti
Attention: Attorne """'. ......
"""""""""""""""""""""rm&"""'"""",,,,,,,,,,.,.,,,,.,,
To the Borrower:
San Diego Gas & Electric Company
101 Ash Street
P.O. Box 1831
San Diego, CA 92112
Attention: Treasurer
To the Trustee:
A duplicate copy of each notice, certificate or other
communication given hereunder by either the City or the Borrower
to the other shall also be given to the Trustee. The City, the
Borrower and the Trustee may, by notice given hereunder,
designate any different addresses to which subsequent notices,
certificates or other communications shall be sent.
SECTION 9.2. SEVERABILITY. If any provision of this
Agreement shall be held or deemed to be, or shall in fact be,
illegal, inoperative or unenforceable, the same shall not affect
any other provision or provisions herein contained or render the
same invalid, inoperative, or unenforceable to any extent
whatever.
SECTION 9.3. EXECUTION OF COUNTERPARTS. This
Agreement may be simultaneously executed in several counterparts,
each of which shall be an original and all of which shall
constitute but one and the same instrument; provided, however,
that for purposes of perfecting a security interest in this
Agreement under Article 9 of the California Uniform commercial
CHUVSTA\LOAN.CPW
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040452-000002-132 05/08/92
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Code, only the counterpart delivered, pledged, and assigned to
the Trustee shall be deemed the original.
SECTION 9.4. AMENDMENTS, CHANGES AND MODIFICATIONS.
Except as otherwise provided in this Agreement or the Indenture,
subsequent to the initial issuance of Bonds and prior to their
payment in full, or provision for such payment having been made
as provided in the Indenture, this Agreement may not be
effectively amended, changed, modified, altered or terminated
without the written consent of the Trustee.
SECTION 9.5. GOVERNING LAW. This Agreement shall be
governed exclusively by and construed in accordance with the
applicable laws of the State of California.
SECTION 9.6. AUTHORIZED BORROWER REPRESENTATIVE.
Whenever under the provisions of this Agreement the approv~l of
the Borrower is required or the Borrower is required to take some
action at the request of the City, such approval or such request
shall be given on behalf of the Borrower by the Authorized
Borrower Representative, and the city and the Trustee shall be
authorized to act on any such approval or request and neither
party hereto shall have any complaint against the other or
against the Trustee as a result of any such action taken.
SECTION 9.7. TERM OF THE AGREEMENT. This Agreement
shall be in full force and effect from the date hereof and shall
continue in effect as long as any of the Bonds is outstanding or
the Trustee holds any moneys under the Indenture, whichever is
later. All representations and certifications by the Borrower as
to all matters affecting the tax-exempt status of the Bonds shall
survive the termination of this Agreement.
SECTION 9.8. BINDING EFFECT. This Agreement shall
inure to the benefit of and shall be binding upon the city, the
Borrower and their respective successors and assigns; subject,
however, to the limitations contained in Section 5.2 hereof.
CHUVSTA\LOAN.CPW
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040452-000002-132 05/08/92
IN WITNESS WHEREOF, the city of Chula vista has caused
this Agreement to be executed in its name and its seal to be
hereunto affixed and attested by its duly authorized officers,
and San Diego Gas & Electric company has caused this Agreement to
be executed in its name and its seal to be hereunto affixed by
its duly authorized officers, all as of the date first above
written.
CITY OF CHULA VISTA
By
t;l Hivel
.....w...."". .....
[SEAL]
Attest:
;~;m~ f:'1~t21.~1
APPROVED AS TO lrfl FORM(m~:
<::~1:Y Attorney
(%Jl
SAN DIEGO GAS & ELECTRIC COMPANY
By
Title:
[SEAL]
Attest:
secretary
CHUVSTA\LOAN.CPW
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040452-000002-132 05/08/92
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.
EXHIBIT A
Description of the Project
Local Electric Facilities
Acquisition and construction of additions and
improvements to the Borrower's electric generation, transmission
and distribution facilities required by the Borrower to provide
for the generation, transmission and distribution of electric
energy to its retail customers, including but not limited to all
necessary turbines, generators, poles, foundations, cable,
conduit, transformers, switches, controls, meters, substations,
land and land-rights and other facilities, structures and
equipment, as well as necessary other equipment required for the
proper installation, protection, maintenance, control and
operation of the foregoing local electric generation,
transmission and distribution facilities. These facilities will
be required to meet the needs of new customers, maintain and
improve system capabilities, and make overhead to underground
conversions.
Local Gas Facilities
Acquisition and construction of additions and
improvements to the Borrower's gas transmission, storage and
distribution facilities required for the transmission, storage
and distribution of gas for delivery to the Borrower's retail
customers. Such facilities include, but are not limited to, the
acquisition and construction of new, high-pressure transmission
pipelines and distribution mains, and new customer service lines
or the extension, replacement or relocation of existing such
mains or portions or components thereof, regulator stations
controlling the passage of gas from distribution mains of higher
pressure to distribution mains of lower pressure and the volume
and pressure of gas within the mains, together with all necessary
valves, controls, meters, and other measuring and regulating
devices, and facilities, plant, property, and other equipment and
improvements (including land and land-rights) necessary for the
installation, protection, maintenance, control and operation of
the foregoing.
CHUVSTA\LOAN.CPW
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INDENTURE OF TRUST
Between
CITY OF CHULA VISTA
And
[TRUSTEE] ,
as Trustee
Dated as of
1, 1992
Relating to
$
city of Chula vista
Industrial Development Revenue Bonds
. (San Diego Gas & Electric Company)
1992 Series A
OHS DRAFT
5/08/92
CHUVSTA\INDENTUR.DD2
~"'3'
TABLE 0 F CON T E N T S
~
parties . . . .. . . . . . 1
Preambles . . . . . . . . . . . . . 1
.. .-
ARTICLE I
Definitions
Section
1.01 Definitions . . . . . . . . . . . . . 2
1.02 Number and Gender . . . . . . . . . 8
1.03 Articles, Sections, Etc . . . . . . . . . 8
1.04 Content of Certificates and opinions A 9
. . . . -
ARTICLE II
The Bonds
2.01 Authorization of Bonds; Terms Qf Bonds . 9
2.02 Execution of Bonds . . 10
2.03 Exchange of Bonds . . . . . . .. . 11
2.04. Bond Register . . A .u.
. . . . . .
2.05 Temporary Bonds . . . . . . . . . 12
2.06 Bonds Mutilated, Lost, Destroyed or Stolen . 12
ARTICLE III
Issuance of Bonds
3.01 Authentication and Delivery of Bonds 13
3.02 Application of Proceeds of Bonds 13
3.03 Construction Fund . . . . . . . . . . . 13
ARTICLE IV
Redemntion of Bonds
4.01 Redemption of Bonds . . . . . . . . 15
4.02 Selection of Bonds for Redemption A 19
. . . . -
4.03 Notice of Redemption . . . . A 11
.
4.04 Partial Redemption of Bonds . . . . . 19
4.05 Effect of Redemption A 12
. . . . . . .
ARTICLE V
Revenues
5.01 Pledge of Revenues . . . . . . . . . 20
5.02 Bond Fund . . . . . . . . . . . . . . All
5.03 Trustee Authorized to Realize Moneys
Under the Mortgage Bonds . . . . . 21
5.04 Investment of Moneys . . . . . . . . . . 21
5.05. Assignment to Trustee; Enforcement
of Obligations . . . . . . . . . 22
5.06 Repayment to Borrower A II
. . . . . .
CHUVSTA\lNDENTUR.OOZ i 6-/If
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
7.01
7.02
7.03
7.04
7.05.
7.06
7.07
7.08
7.09
7.10
8.01
8.02
8.03
8.04
8.05
8.06
8.07
8.08
8.09
8.10
8.11
8.12
8.13
8.14
CHUYSTA\INDENTUR.OO2
ARTICLE VI
Covenants of the citv
~
Payment of Principal and Interest . . . . . . . All
Extension or Funding of Claims for Interest . 23
Paying Agents . . . . . . . . . . . . 23
Preservation of Revenues . . . . . . AU
Compliance with Indenture A 24
. . . -
Arbitrage covenants; Rebate Fund . 24
Other Liens . . . . . . . . . . 25
Further Assurances . . . . . . . . . 25
ARTICLE VII
Default
Events of Default; Acceleration; Waiver
of Default . . . . . . . . . . . . . . .
Institution of Legal Proceedings by Trustee
Application of Moneys Collected by Trustee .
Effect of Delay or omission to Pursue Remedy
Remedies cumulative . . . . . . . . . . .
Covenant to pay Bonds in Event of Default
Trustee Appointed Agent for Bondholders
Power of Trustee to Control Proceedings
Limitation on Bondholders' Right to Sue
Limitation of Liability to Revenues . . .
.
.
.
ARTICLE VIII
The Trustee
Duties, Immunities and Liabilities of
Trustee and Registrar . . . . . . .
Right of Trustee and Registrar to Rely
upon Documents, Etc . . . . . . . . .
Trustee and Registrar Not Responsible
for Recitals . . . . . . . . . . . . . . . .
Right of Trustee and Registrar to Acquire Bonds
Moneys Received by Trustee and Registrar
to Be Held in Trust . . . . . . . . .
Compensation and Indemnification of
Trustee and Registrar . . . . . . .
Qualifications of Trustee and Registrar .
Resignation and Removal of Trustee or
Registrar and Appointment of Successor
Trustee or Registrar . . . . . . . . . . . .
Acceptance of Trust by Successor Trustee . . . .
Merger or Consolidation of Trustee or Registrar
Accounting Records and Reports . . . . . . .
. Registrars . . . . . . . . . . . . . . . . . . .
voting of Mortgage Bonds Held by the Trustee
Covenants of the Trustee . . . .. ....
.
11 6~~
.
All
27
AU
28
AU
AU
29
A12
A12
All
.
.
31
All
All
All
All
.
34
A 35
-
35
A 37
-
A 37
i7
AU
AU
A,U
9.01
9.02
9.03
9.04
9.05
10.01
10.02
10.03
10.04
ARTICLE IX
Modification of Indenture. Documents
Modification without Consent of Bondholders
Modification with Consent of Bondholders . .
Effect of Supplemental Indenture or Amendment.
Required and permitted Opinions of Counsel
Notation of Modification on Bonds;
preparation of New Bonds . . . . . . . . .
ARTICLE X
Defeasance
Discharge of Indenture . . . .
Discharge of Liability on Bonds . .
payment of Bonds after Discharge of
Deposit of Money or Securities with
. . . . . .
. . . . . .
Indenture. .
Trustee . .
~
.
All
AU
A 42
An:
All
ARTICLE XI
Miscellaneous
AU
AU
All
A 44
-
11.01 Successors of City . . . . . . . . . . . . . . A.f.1
11. 02 Limitation of Rights to parties and Bondholders Aj!
11.03 Waiver of Notice . . . . . . . . . 45
11.04 Separability of Invalid provisions . . A,!!
11. 05 Notices A 46
. . . . . . . . . . . . . .
Evidence of Rights of Bondholders -
11. 06 A,!!
11. 07 Waiver of Personal Liability . A 48
. . -
11.08 publication of Notices . . . . . A!J.
11.09 prevailing Law . . . . . . . . . A!J.
11. 10 Execution in Several Counterparts . . . A!J.
.
CHUVSTA\INDENTUR.OO2
iii
'-'1.
THIS INDENTURE OF TRUST, made and entered into as of
1, 1992, by and between the CITY OF CHULA VISTA, a
municipal corporation and charter city duly organized and
existing under the laws and constitution of the State of
california (herein called the "city"), and [TRUSTEE], a
banking organized and existing under the
laws of the , with corporate trust offices in
, California, and being qualified to accept and
administer the trusts hereby created (herein called the
"Trustee"),
WIT N E SSE T H:
WHEREAS, the City has enacted Chapter 3.48 of the Chula
vista Municipal Code pursuant to Ordinance 1970, adopted on
February 9, 1982, as amended from time to time thereafter (the
"Law"), authorizing the City to issue its revenue bonds to
provide funds for the furtherance and accomplishment of the
purposes hereinafter set forth; and
WHEREAS, San Diego Gas & Electric company (herein
called the "Borrower") has duly applied to the City for financial
assistance in the acquisition, construction and installation of
facilities for the local distribution of electric energy and gas
(herein called the "Project"); and
WHEREAS, the city, after due investigation and
deliberation, has determined that the project constitutes a
"project" as defined in the Law and has taken all necessary
action approving such application and authorizing the issuance of
its Industrial Development Revenue Bonds (San Diego Gas &
Electric company) A 1W Series A (the "Bonds") in order to
finance the project; and
WHEREAS, the City has duly entered into a loan
agreement (the "Agreement") with the Borrower specifying the
terms and conditions of the acquisition and construction of the
Project by the Borrower, the loaning of the proceeds of the Bonds
to the Borrower for such purpose and the repayment by the
Borrower of such loan; and
WHEREAS, in order to provide for the authentication and
delivery of the Bonds, to establish and declare the terms and
conditions upon which the Bonds are to be issued and secured and
to secure the payment of the principal thereof and of the
interest and premium, if any, thereon, the City has authorized
the execution and delivery of this Indenture; and
WHEREAS, the Bonds are to be issued in the aggregate
principal amount of $ and the Bonds are to be sold and
delivered to provide proceeds, as a loan to the Borrower, to
acquire and construct the Project; and
CHUVSTA\INOENTUR.OO2
vf:3
WHEREAS, all Bonds issued under this Indenture will be
secured by a pledge and assignment of the City's rights under the
aforesaid Agreement and other security instruments;
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in
order to secure the payment of the principal of, and the interest
and premium, if any, on, all Bonds issued and outstanding under
this Indenture, according to their tenor, and to secure the
performance and observance of all the covenants and conditions
therein and herein set forth, and to declare the terms and
conditions upon and subject to which the Bonds are to be issued
and received, and for and in consideration of the premises and of
the mutual covenants herein contained and of the purchase and
acceptance of the Bonds by the holders thereof, and for other
valuable considerations, the receipt whereof is hereby
acknowledged, the City covenants and agrees with the Trustee, for
the equal and proportionate benefit of the respective holders
from time to time of the Bonds, as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Unless the context
otherwise requires, the terms defined in this section 1.01 shall,
for all purposes of this Indenture and of the Agreement and of
any indenture supplemental hereto or agreement supplemental
thereto, have the meanings herein specified, as follows:
"Act of Bankruptcy" of the Borrower means any of the
following with respect to the Borrower: (a) the commencement by
the Borrower of a voluntary case under the federal bankruptcy
laws, as now in e~fect or hereafter amended, or any other
applicable federal or state. bankruptcy, insolvency or similar
laws, or (b) the filing..of a petition with a court having
jurisdiction over the Borrower to commence an involuntary case
against the Borrower under the federal bankruptcy laws, as now in
effect or hereafter amended, or any other applicable federal or
state bankruptcy, insolvency or similar laws, or' (c) the Borrower
shall admit in writing its inability to pay its debts generally
as they become due, or (d) a receiver, trustee or liquidator of
the Borrower shall be appointed in any proceeding brought against
the Borrower, or (e) assignment by the Borrower for the benefit
of its creditors, or (f) the entry by the Borrower into an
agreement of composition with its creditors.
"Agreement" means the Loan Agreement, of even date
herewith, between the City and the Borrower, as originally
executed or as it may from time to time be supplemented or
amended.
CHUVSTA\INDENTUR.DD2
2
'--'III-
"Authorized Borrower Representative" means any person
who at the time and from time to time may be designated, by
written certificate furnished to the City and the Trustee, as the
person authorized to act on behalf of the Borrower. Such
certificate shall contain the specimen signature of such person,
shall be signed on behalf of the Borrower by any officer and
shall designate an alternate or alternates.
"Authorized city Representative" means the A Mayor or
city Manager A ~r.ot~r of ~lpanc. of the City or other
official of the-crtY des~gnated by A ID% the foregoing.
"Authorized Denomination" means $5,000 or any integral
multiple thereof.
"Bonds" means the city of Chula vista Industrial
Development Revenue Bonds (San Diego Gas & Electric Company) 1992
Series A, authorized and issued hereunder in an aggregate
principal amount not to exceed $
"Bond Counsel" means any attorney at law or firm of
attorneys, of nationally recognized standing in matters
pertaining to the federal tax exemption of interest on bonds
issued by states and political subdivisions, and duly admitted to
practice law before the highest court of any state of the United
states, but shall not include counsel for the Borrower.
"Bond Fund" means the San Diego Gas & Electric Company
Bond Fund established pursuant to Section 5.02 hereof.
"Bond Year" means the one-year period commencing on the
Issue Date and ending the day preceding the first anniversary of
the Issue Date and each one-year period commencing on successive
anniversaries of the~~ssue:Date, the last of whicb,ends on the
date the last of the Bonds is retired.
"Borrower" means (i) San Diego~ .Gas & Electric Company,
a corporation organized under the laws of the State of
California, and its successors and assigns, and (ii) any
surviving, resulting or transfereecorporatiorras provided in
Section 5.2 of the Agreement.
"Borrower Indenture" means that certain Indenture of
Mortgage and Deed of Trust, dated July 1, 1940, between the
Borrower and The Bank of California, N.A., as trustee, as
heretofore from time to time or at any time supplemented,
modified or amended by supplemental indentures.
"Certificate of the City" means a certificate signed by
an Authorized city Representative. If and to the extent required
by the provisions of Section 1.04 hereof, each certificate of the
City shall include the statements provided for in section 1.04
hereof.
CHUVSTA\lNDENTUR.OO2
3 6-1/~
"certified Resolution" means a copy of a resolution or
ordinance of the city certified by the City Clerk of the City to
have been duly adopted by the city and to be in full force and
effect on the date of such certification.
"city" means the City of Chula vista.
"Code" means the Internal Revenue Code of 1986.
"Completion Date" means the date of completion of the
Project, as that date shall be certified as provided in Section
3.4 of the Agreement.
"construction Fund" means the San Diego Gas & Electric
Company construction Fund established pursuant to Section 3.02
hereof.
"construction Period" means the period during which
interest for any portion of the Project may be capitalized for
federal income tax purposes.
"Cost of the Project" means the sum of the items, or
any such item, authorized to be paid from the construction Fund
pursuant to the provisions of Section 3.3 of the Agreement.
"Debt service" shall have the meaning ascribed to such
term by section 148(d)(3)(D) of the Code.
"Determination of Taxability" means a determination
that interest payable on any Bond is includable in the gross
income for federal income tax purposes of the holder of such Bond
(other than a holder who is a "substantial user" of the Project
or a "related person" within the meaning of Section 147(a) of the
Code). Such determination shall be deemed to have been made upon
the date on which, due to the untruth or inaccuracy of any
representation or warranty made by the Borrower in the Agreement,
or in connection with the offer and sale of the Bonds, or the
breach of any covenant or warranty of the Borrower contained in
the Agreement, interest on the Bonds, or any of them, is
determined to be includable in the gross income for federal
income tax purpose. of the owners thereof (other than an owner
who is a "substantial user" of the Project or a "related person"
within the meaning of Section 147(a) of the Code) by a final
administrative determination of the Internal Revenue Service or
judicial decision of a court of competent jurisdiction in a
proceeding of which the Borrower received notice and was afforded
an opportunity to participate to the full extent permitted by
law. A determination or decision will not be considered final
for purposes of the preceding sentence unless (A) the holder or
holders of the Bonds involved in the proceeding in which the
issue is raised (i) shall have given the Borrower and the Trustee
prompt notice of the commencement thereof, and (ii) shall have
offered the BOrrower the opportunity to control the proceeding;
CHUVSTA\JNDENTUR.OO2
4
t -'10.
provided the Borrower agrees to pay all expenses in connection
therewith and to indemnify such holder or holders against all
liability for such expenses (except that any such holder may
engage separate counsel, and the Borrower shall not be liable for
the fees or expenses of such counsel); and (B) such proceeding
shall not be subject to a further right of appeal or shall not
have been timely appealed.
"Event of Default" as used herein has the meaning
specified in section 7.01 hereof, and as used in the Agreement
has the meaning specified in section 6.1 thereof.
"Government obligations" means bonds, notes,
certificates of indebtedness, treasury bills or other securities
constituting direct obligations of, or obligations guaranteed by,
the united states of America, or securities evidencing ownership
interests in such obligations or in specified portions thereof
(which may consist of specific portions of the principal 'of or
interest on such obligations).
The term "holder" or "Bondholder" means the registered
owner of any Bond.
"Indenture" means this Indenture of Trust, as
originally executed or as it may from time to time be
supplemented, modified or amended by any supplemental indenture
entered into pursuant to the provisions hereof.
"Information Services" means Financial Information,
Inc.'s "Daily Called Bond Service," 30 Montgomery Street, lOth
Floor, Jersey City, New Jersey 07302, Attention: Editor; Kenny
Information Services' "Called Bond Service," 55 Broad street,
28th Floor, New York, New York 10004; Moody's "Municipal and
Government," 99 Church street, 8th Floor, New York, New
York 10007, Attention: Municipal News Reports; and Standard and
Poor's "Called Bond ReCord," 25 Broadway, 3rd Floor, New York,
New York 10004; or, in accordance with then-current guidelines of
the securities and Exchange Commission, such other addresses
and/or such other services providing information with respect to
called bonds, or no such services, as the City may designate in a
certificate of the city delivered to the Trustee.
"Interest Payment Date" means
1 in each year commencing
1 and
1, 1993.
"Investment Securities" means any securities or other
evidences of indebtedness or demand deposits which are lawful
investments for trust funds similar to those created hereby in
the State of California.
"Issue Date" means
issuance and delivery of the Bonds.
, 1992, the date of
CHUVSTA\INDENTUR.OO2
5
,-I/p
"Law" means Chapter 3.48 of the Chula Vista Municipal
Code, as amended and supplemented.
"Mortgage Bonds" means the first mortgage bonds of the
Borrower issued in accordance with section 4.2 of the Agreement
and secured under the Borrower Indenture.
"opinion of Counsel" means a written opinion of counsel
(who may be counsel for the Borrower) acceptable to the Trustee
and the Borrower. If and to the extent required by the
provisions of Section 1.04, each Opinion of Counsel shall include
the statements provided for in Section 1.04.
The term "outstanding," when used as of any particular
time with reference to Bonds (subject to the provisions of
section 11.06(d)), means all Bonds theretofore authenticated and
delivered by the Trustee under this Indenture except:
(a) Bonds theretofore cancelled by the Trustee or
surrendered to the Trustee for cancellation;
(b) Bonds in lieu of or in substitution for which
other Bonds shall have been authenticated and delivered by
the Trustee pursuant to the terms of Section 2.06; and
(c) Bonds with respect to which the liability of the
City and the Borrower have been discharged to the extent
provided in, and pursuant to the requirements of,
Section 10.02.
The term "person" means an individual, a corporation, a
partnership, a trust, an unincorporated organization or a
government or any agency or political subdivision thereof.
"Principal Office" (i) of the Registrar means the
office thereof designated in writing by the Registrar to the
City, the Trustee and the Borrower, which initially shall be the
Principal Office of the Trustee; and (ii) of the Trustee means
the principal corporate trust office of the Trustee initially
located in Los Angeles, California.
"Project" means those facilities, including real
property, structures, buildings, fixtures or equipment, described
in Exhibit A to the Agreement, as it may be amended from time to
time, which facilities are to be financed, in whole or in part,
from the proceeds of the sale of the Bonds or the proceeds of any
payment by the Borrower pursuant to Section 3.4 of the Agreement,
and any real property, structures, buildings, fixtures or
equipment acquired in substitution for, as a renewal or
replacement of, or a modification or improvement to, all or any
part of the facilities described in said Exhibit A.
CHUVSTA\lNDENTUR.OO2
6 ,-'Is
"Qualified Newspaper" shall include The Wall street
Journal and The Bond Buver and any other newspaper or journal
containing financial news, printed in the English lanquage and
customarily published on each business day, of general
circulation in New York, New York, and selected by the Trustee,
whose decision shall be final and conclusive.
"Rebate Amount" means the amount directed by the
Borrower to be remitted to the united states Government from time
to time pursuant to the Rebate Certificate.
"Rebate Fund" means the San Diego Gas & Electric
Comaanv Rebate Fund established and held by the Trustee in
accordance with Section 6.06 hereof.
"Record Date" means the close of business on the
fifteenth (15th) day of the calendar month preceding any ~nterest
Payment Date.
"Registrar" means the Trustee, its successors or any
corporation or association which may at any time be substituted
in its place in accordance with the terms hereof. .
"Repayment Installment" means any amount that the
Borrower is required to pay directly to the Trustee pursuant to
section 4.2 of the Agreement as a repayment of the loan made by
the City under the Agreement, which amount is determined in
accordance with Section 4.2(a) thereof.
"Responsible Officer" of the Trustee means and includes
the chairman of the board of directors, the president, every vice
president, every assistant vice president, the cashier, every
assistant cashier, every trust officer, and every officer and
assistant officer of the Trustee, other than those specifically
above mentioned, to whom any corporate trust matter is referred
because of his knowledge of, and familiarity with, a particular
subject.
"Revenues" means all . Reaavment Installments and other
income derived by the City or the Trustee Under the Agreement,
the Mortgage Bonds, or otherwise in respect of the financing of
the Project a. contemplated by the Agreement, and any income or
revenue derived from the investment of any money in any fund or
account established pursuant to this Indenture.; but such term
shall not include payments to the City or the Trustee pursuant to
Sections 3.6, 4.2(b), 4.2(C), 6.3, 8.2 and 8.3 of the Agreement.
"Securities Depositories" means The Depository Trust
Company, 711 Stewart Avenue, Garden City, New York 11530,
FaX-(516) 227-4039 or 4190; Midwest securities Trust Company,
Capital structures-Call Notification, 440 South LaSalle street,
Chicago, Illinois 60605, Fax-(312) 663-2343; Pacific Securities
Depository Trust Company, Pacific and Company, P.O. Box 7041, San
CHUVSTA\INDENTUR.002
7 t-",
Francisco, California 94120, Fax-(415) 393-4128; Philadelphia
Depository Trust Company, Reorganization Division, 1900 Market
street, Philadelphia, Pennsylvania 19103, Attention: Bond
Department, A P,x-C'15) 496-5058; or, in accordance with
then-current gu1del1nes of the Securities and Exchange
Commission, such other addresses and/or such other securities
depositories, or no such depositories, as the City may designate
in a certificate of the city delivered to the Trustee.
The term "supplemental indenture" or "indenture
supplemental hereto" means any indenture hereafter duly
authorized and entered into between the City and the Trustee in
accordance with the provisions of this Indenture.
"surplus Account" means the account by that name within
the Bond Fund which the Trustee shall establish and hold in
trust, as described in section 3.03 herein.
"Tax Certificate" means the Tax Agreement and
certificate, dated as of the Issue Date, by and between the city
and the Borrower, as the same may be amended from time to time.
_"Trustee" means [Trustee], a banking
organized and existing under the laws of the
, or its successor for the time being as
Trustee hereunder.
"written Consent of the city," "Written Order of the
city," "written Request of the City" and "Written Requisition of
the City" mean, respectively, a written consent, order, request
or requisition signed by or on behalf of the city by an
Authorized city Representative.
"Yield" or "v~,l4" shall have the meaning ascribed to
such term by Section 148(h) of the COde. ,.
section 1.02. Number and Gender. The singular form of
any word used herein, including the terms defined in Section
1.01, shall include the plural, and vice versa. The use herein
of a word of any gender shall include all genders.
Section 1.03. Articles. sections. Etc. All references
herein to "Articles," "Sections" and other subdivisions are to
the corresponding Articles, Sections or subdivisions of this
Indenture as originally executed; and the words "herein,"
"hereof," "hereunder" and other words of similar import refer to
this Indenture as a whole and not to any particular Article,
section or subdivision hereof. The headings or titles of the
several Articles and Sections hereof, and any table of contents
appended to copies hereof, shall be solely for convenience of
reference .and shall not affect the meaning, construction or
effect of this Indenture.
CHUYSTA\INDENTUR.OOZ
8
~ -5"
section 1.04. Content of Certificates and Ooinions.
Every certificate or opinion with respect to compliance with a
condition or covenant provided for in this Indenture or the
Agreement shall include (a) a statement that the person or
persons making or giving such certificate or opinion have read
such covenant or condition and the definitions herein relating
thereto; (b) a brief statement as to the nature and scope of the
examination or investigation upon which the statements or
opinions contained in such certificate or opinion are based;
(c) a statement that, in the opinion of the signers, they have
made or caused to be made such examination or investigation as is
necessary to enable them to express an informed opinion as to
whether or not such covenant or condition has been complied with;
and (d) a statement as to whether, in the opinion of the signers,
such condition or covenant has been complied with.
Any such certificate or opinion made or given by an
officer of the City may be based, insofar as it relates to legal
matters, upon a certificate or opinion of or representations by
counsel, unless such officer knows that the certificate or
opinion or representations with respect to the matters upon which
his certificate or opinion may be based as aforesaid are
erroneous~ or in the exercise of reasonable care should have
known that the same were erroneous. Any such certificate or
opinion made or given by counsel may be based, insofar as it
relates to factual matters (with respect to which information is
in the possession of the City), upon the certificate or opinion
of or representations by an officer of the City, unless such
counsel knows that the certificate or opinion or representations
with respect to the matters upon which his opinion may be based
as aforesaid are erroneous, or in the exercise of reasonable care
should have known that the same were erroneous.
ARTICLE II
THE BONDS
Section 2.01. Authorization of Bonds: Terms of Bonds.
(a) Bonds designated as the City of Chu1a Vista Industrial
Development Revenue Bonds (San Diego Gas & Electric Company) 1992
series A (herein called the "Bonds") may be issued under this
Indenture. The City hereby allocates to the Bonds the
$ of 1992 State of California volume cap transferred to
the City by Resolution No. of the california Debt Limit
Allocation Committee. The aggregate principal amount of Bonds
which may be issued and outstanding under this Indenture shall
not exceed Million Dollars ($ ), exclusive of
Bonds executed and authenticated as provided in Section 2.06.
The Bonds shall be issued as fully registered Bonds, without
coupons, in denominations of $5,000 or any integral multiple
thereof. The Bonds and the certificate of authentication to be
executed thereon shall be in substantially the form set forth in
CHUVSTA\INDENTUR.OO2
9
t-.r,
Exhibit A hereto, with necessary or appropriate variations,
omissions and insertions, as permitted or required by this
Indenture.
The Bonds shall be dated as of 1, 1992, and
shall mature, subject to prior redemption upon the terms and
conditions hereinafter set forth, on 1, 2032. The
Bonds shall bear interest at the rate of , per annum;
provided that any overdue principal and, to the extent permitted
by law, any overdue interest shall bear interest at the rate of
_, per annum.
The Bonds. shall be numbered from A-1 upward and shall
bear interest from the Interest Payment Date next preceding the
date of registration and authentication thereof unless they are
registered and authenticated as of an Interest Payment Date, in
which event they shall bear interest from the date of .
registration and authentication thereof, or unless they are
registered and authenticated before the first Interest Payment
Date, in which event they shall bear interest from their date;
provided, however, that if, as shown by the records of the
Trustee, interest on the Bonds shall be in default, Bonds issued
in exchange for Bonds surrendered for registration of transfer or
exchange shall bear interest from the last date to which interest
has been paid in full or duly provided for on the Bonds, or, if
no interest has been paid or duly provided for on the Bonds, from
their date. payment of the interest on any Bond shall be made to
the person appearing on the bond registration books of the
Registrar as the registered holder thereof on the Record Date,
such interest to be paid by check or draft mailed on the Interest
Payment Date to such registered holder, at its address as it
appears on the registration books of the Registrar or at such
other address as has been fur~shed to the Registrar in writing
by such holder, except, in each case, that, if and to the extent
that there shall be a default in the payment of the interest due
on such Interest Payment Date, such defaulted interest shall be
paid to the holders in whose name any such Bonds are registered
as of a special record date to be fixed by the Trustee, notice of
which shall be given to such owners not less than ten (10) days
prior thereto. Both the principal of and premium, if any, on the
Bonds shall be payable upon surrender thereof in lawful money of
the united states of America at the principal Office of the
Trustee.
(b) The Bonds shall be SUbject to redemption as
provided in Article IV.
Section 2.02. Execution of Bonds.. The Bonds shall be
signed in the name and on behalf of the City with the manual or
facsimile signature of its Mayor and attested by the manual or
facsimile signature of its City Clerk, under the seal of the
City. Such seal may be in the form of a facsimile of the City'S
seal and may be imprinted or impressed upon the Bonds. The Bonds
CHUVSTA\INDENTUR.002
10
Irf.2
shall then be delivered to the Registrar for authentication by
it. In case any officer who shall have signed any of the Bonds
shall cease to be such officer before the Bonds so signed or
attested shall have been authenticated or delivered by the
Registrar or issued by the city, such Bonds may nevertheless be
authenticated, delivered and issued and, upon such
authentication, delivery and issuance, shall be as binding upon
the city as though those who signed and attested the same had
continued to be such officers of the city. Also, any Bond may be
signed on behalf of the city by such persons as on the actual
date of the execution of such Bond shall be the proper officers
although on the nominal date of such Bond any such person shall
not have been such officer.
Only such of the Bonds as shall bear thereon a
certificate of authentication in the form recited in Exhibit A
hereto, executed by the Registrar, shall be valid or obligatory
for any purpose or entitled to the benefits of this Indenture,
and such certificate of the Registrar shall be conclusive
evidence that the Bonds so authenticated have been duly
authenticated and delivered hereunder and are entitled to the
benefits of this Indenture.
Registration of any Bond may, in accordance with the
terms of this Indenture, be transferred, upon the books of the
Registrar required to be kept pursuant to the provisions of
section 2.04, by the person in whose name it is registered, in
person or by his duly authorized attorney, upon surrender of such
Bond for cancellation, accompanied by a written instrument of
transfer in a form approved by the Registrar, duly executed.
Whenever any Bond shall be surrendered for registration of
transfer, the City shall execute and the Registrar shall
authenticate and deliver a new Bond or Bonds of Authorized
Denominations. No registration of transfer of Bonds shall be
required to be made for a period of fifteen (15) days next
preceding the date on which the Trustee gives any notice of
redemption, nor shall any registration of transfer of Bonds
called for redemption be required for a period beginning on the
date on which the Trustee gives notice of redemption to the date
of redemption. .
Section 2.03. Exchanae of Bonds. Bonds may be
exchanged at the principal office of the Registrar for a like
aggregate principal amount of Bonds of Authorized Denominations.
The Registrar shall require the payment by the Bondholder
requesting such exchange of any tax or other governmental charge
required to be paid with respect to such exchange, and there
shall be no other charge to any Bondholders for any such
exchange. No exchange of Bonds shall be required to be made for
a period of fifteen (15) days next preceding the date on which
the Trustee gives notice of redemption, nor shall any exchange of
Bonds called for redemption be required for a period beginning on
CHUVSTA\ I NOENTUR. 002
11 J,r~
'i
the date on which the Trustee gives notice of redemption to the
date of redemption.
Section 2.04. Bond Reaister. The Registrar will keep
or cause to be kept at its principal office sufficient books for
the registration and the registration of transfer of the Bonds,
which shall at all times be open to inspection by the City, the
Trustee and the Borrower; and, upon presentation for such
purpose, the Registrar shall, under such reasonable regulations
as it may prescribe, register the transfer or cause to be
registered the transfer, on said books, Bonds as hereinbefore
provided.
section 2.05. Temoorarv Bonds. The Bonds may be
issued initially in temporary form exchangeable for definitive
Bonds when ready for delivery. The temporary Bonds may be
printed, lithographed or typewritten, shall be of such
denominations as may be determined by the city and may contain
such reference to any of the provisions of this Indenture as may
be appropriate. Every temporary Bond shall be executed by the
City and be authenticated and registered by the Registrar upon
the same conditions and in sUbstantially the same manner as the
definitive Bonds. If the City issues temporary Bonds, it will
execute and furnish definitive Bonds without delay, and thereupon
the temporary Bonds may be surrendered, for cancellation, in
exchange therefor at the principal office of the Registrar, and
the Registrar shall authenticate and deliver in exchange for such
temporary Bonds an equal aggregate principal amount of definitive
Bonds of Authorized Denominations. Until so exchanged, the
temporary Bonds shall be entitled to the same benefits under this
Indenture as definitive Bonds authenticated and delivered
hereunder.
section 2.06. Bonds Mutilated. Lost. Destroved or
stolen. If any Bond shall become mutilated, the City, at the
expense of the holder of said Bond, shall execute, and the
Registrar shall thereupon authenticate and deliver, a new Bond of
like tenor and number in exchange and substitution for the Bond
so mutilated, but only upon surrender to the Registrar of the
Bonds so mutilated. Every mutilated Bond so surrendered to the
Registrar shall be cancelled by it and destroyed and a
certificate evidencing such destruction shall be delivered to the
City. If any Bond issued hereunder shall be lost, destroyed or
stolen, evidence of such loss, destruction or theft may be
submitted to the city, the Borrower and the Registrar, and if
such evidence be satisfactory to them and indemnity satisfactory
to them shall be given, the City, at the expense of the holder,
shall execute, and the Registrar shall thereupon authenticate and
deliver, a new Bond of like tenor in lieu of and in substitution
for the Bond so lost, destroyed or stolen (or if any such Bond
shall have matured or shall be about to mature, instead of
issuing a substitute Bond the Registrar may pay the same without
surrender thereof). The City may require payment of a reasonable
CHUVSTA\INDENTUR.OOZ
12
~-5J1-
jt_
V
fee for each new Bond issued under this section and payment of
the expenses which may be incurred by the City and the Registrar.
Any Bond issued under the provisions of this Section in lieu of
any Bond alleged to be lost, destroyed or stolen shall constitute
an original additional contractual obligation on the part of the
City whether or not the Bond so alleged to be lost, destroyed or
stolen be at any time enforceable by anyone, and shall be equally
and proportionately entitled to the benefits of this Indenture
with all other Bonds secured by this Indenture.
ARTICLE III
ISSUANCE OF BONDS
Section 3.01. Authentication a~d Deliverv of Bonds.
Forthwith upon the execution and delivery of this Indenture, upon
the execution of the Bonds by the City and delivery thereof to.
the Registrar, as hereinabove provided, and without any further.
action on the part of the City, the Registrar shall authenticate
the Bonds in an aggregate principal amount of . Million
Dollars ($ ) and. shall deliver the Bonds to or upon the
Written Order of the city.
Section 3.02. ADDlication of Proceeds of Bonds. The
proceeds received by the City from the sale of the Bonds shall be
deposited with the Trustee, who shall forthwith set aside the
accrued interest paid at such sale in the Bond Fund and the
remainder of such proceeds into a separate fund. hereby
estab1ish!4, to be known as the "San Diego Gas & Electric Company
Construct on Fund" (herein called the "Construction Fund"), which
the Trustee shall A maintai; and A aDD1v as provided in
Section 3.03 hereof.
Section 3.03. Construction Fund. The moneys in the
Construction Fund shall be held by the Trustee in trust and
applied to the payment of the Cost of the Project. Such moneys
may be transferred to the Bond Fund and used for the payment of
interest becoming due and payable on the Bonds during the
Construction Period, and shall be so used if and to the extent
that the Trustee is so directed by a requisition conforming with
the requirements of this Section and section 3.3 of the
Agreement.
Before each payment is made from the Construction Fund
by the Trustee, there shall be filed with the Trustee a
requisition conforming with the requirements of this Section and
Section 3.3 of the Agreement, stating with respect to each
payment to be made:
(1)
the requisition number;
CHUVSTA\INDENTUR.002
13 114
(2) the name and address of the person to whom
payment is due;
(3) the purpose for which such payment is to be
made;
(4) the amount to be paid;
(5) that each obligation mentioned therein has
been properly incurred in accordance with section
2.2(d) of the Agreement and is a proper charge against
the Construction Fund;
(6) that none of the items for which payment is
requested has been previously reimbursed from the
Construction Fund; and
(7) that each item for which payment is requested
is or was necessary in connection with the acquisition,
construction, installation or financing of the Project.
Each such requisition shall be sufficient evidence to
the Trustee of the facts stated therein. Upon receipt of each
such requisition, the Trustee shall pay the amount set forth
therein as directed by the terms thereof.
Upon the receipt by the Trustee of a certificate
conforming with the requirements of Section 3.4 of the Agreement,
and after payment of costs payable from the Construction Fund or
provision satisfactory to the Trustee having been made for
payment of such costs not yet due, the Trustee shall transfer any
remaining balance in the Construction Fund into a separate
account within the Bond Fund, which the Trustee shall establish
and hold in trust, and which shall be entitled the "Surplus
Account." The moneys in the Surplus Account shall be used and
applied to the call and redemption of Bonds to the maximum degree
permissible, and at the earliest possible date. at which Bonds
can be redeemed without payment of premium pursuant to this
Indenture and to the purchase thereof or to the payment of any
amount required to be made to the Rebate Fund pursuant to Section
6.06 hereof; provided that, if some other application of such
moneys would not, in the opinion of Bond counsel, cause interest
on the Bonds to become includable in gross income for federal
income tax purposes, then such moneys may be so applied at the
direction of the Borrower. Any moneys in the Surplus Account
neither used to call and redeem Bonds or to purchase bonds as
herein provided nor transferred to the Rebate Fund shall be used
and applied to pay the principal of the Bonds as such principal
becomes due and payable including, to the extent of earnings on
such Surplus Fund, interest payable with respect to such Bonds
being retired (unless in the opinion of Bond Counsel another use
would not cause interest on the Bonds to become includable in
gross income for federal income tax purposes). Notwithstanding
CHUVSTA\INDENTUR.D02
14
'd
Section 5.04 hereof, the moneys in the Surplus Account shall be
invested at a Yield no higher than the Yield on the outstanding
Bonds (unless in the opinion of Bond Counsel investment at a
higher Yield would not cause interest on the Bonds to become
includable in gross income for federal income tax purposes), and
all such investment income shall be deposited in the Surplus
Account and expended or reinvested as provided above.
In the event of redemption of all of the Bonds pursuant
to Section 4.01 hereof or an Event of Default which causes
acceleration of the Bonds, any moneys then remaining in the
construction Fund may, at the request of the Borrower, or shall,
in the case of mandatory redemption or acceleration, be
transferred to the Bond Fund to pay the principal of the Bonds to
be redeemed.
ARTICLE IV
REDEMPTION OF BONDS
section 4.01. Redemotion of Bonds. The Bonds are
subject to redemption if and to the extent the Borrower is
entitled or required to make and makes a prepayment pursuant to
Article VII of the Agreement. The Trustee shall not give notice
of any optional redemption A unless the Borrower has so directed
in accordance with the Agreement; provided that the Trustee may
require prepayment of Repayment Installments under Section 7.3 of
the Agreement in the case of mandatory redemption.
The Bonds shall be redeemed upon the following terms:
(a) Ootional Redemotion. (1) The Bonds shall be
redeemed in whole or in part by lot at any time at a redemption
price equal to the principal~amount thereof plus accrued interest
to the redemption date upon receipt by the Trustee of a written
notice from the Borrower stating that any of the following events
has occurred and that it therefore intends to exercise its option
to prepay the payments due under the Agreement in whole or in
part pursuant to Section 7.2 of the Agreement and thereby effect
the redemption of Bonds in whole or in part to the extent of such
prepayments:
(A) The Project or a portion thereof the original cost
of which is equal to or greater than $500,000 shall have
been damaged or destroyed to such extent that, in the
opinion of the Borrower (as expressed in a certificate of an
Authorized Borrower Representative filed with the City and
the Trustee) (a) it is not practicable or desirable to
rebuild, repair or restore the Project or such portion
thereof within a period of six consecutive months following
such damage or destruction, (b) the Borrower is or will be
thereby prevented from carrying on its normal operations at
CHUVSTA\INOENTUR.002
15
" .,f?
the project or such portion thereof for a period of six
consecutive months, or (c) the cost of restoration thereof
would substantially exceed the net proceeds of insurance
carried thereon;
(B) Title to, or the temporary use of, the Project or
a portion thereof the original cost of which is equal to or
greater than $500,000 shall have been taken under the
exercise of the power of eminent domain, including such a
taking as results (or is likely to result) in the Borrower
being prevented from carrying on normal operations at the
Project or such portion thereof for a period of six months
or as renders the project or such portion thereof unsuitable
for use by the Borrower;
(C) Unreasonable burdens or excessive liabilities in
the opinion of the Borrower (expressed in a certificate of
an Authorized Borrower Representative filed with, and
supported by such additional evidence as may be required by,
the city and the Trustee), shall have been imposed on the
Borrower, including, without limitation, federal, state or
other ad valorem, property, income or other taxes not being
imposed on the date of the Agreement, which shall have
resulted in a cessation of all or SUbstantially all of its
normal operations at the Project or a portion thereof the
original cost of which is equal to or greater than $500,000
for a period of six consecutive months;
(D) Any court or administrative body shall enter a
judgment, order or decree requiring the Borrower to cease
all or any substantial part of its operations at the Project
or a portion thereof the original cost of which is equal to
or greater than $500,000, to such an extent that, in the
opinion of the Borrower (expressed in a certificate of an
Authorized Borrower Representative filed with, and supported
by such additional evidence as may be required by, the City
and the Trustee) it is or will be thereby prevented from
carrying on its normal operations at the Project or such
portion thereof for a period of six consecutive months.
(2) The Bonds shall be subject to redemption at the
option of the Borrower, in whole, or in part by lot, prior to
their maturity dates, on any date on or after 1, A
, at the following redemption prices (expressed as
percentages of the principal amount of Bonds to be redeemed),
together in each case, with interest accrued thereon to the date
fixed for redemption:
CHUVSTA\INDENTUR.DD2
16
,~,
RedemDtion Dates (Inclusive)
RedemDtion Price
A
A_ through A
, , -
A through A
- ,
throual1 A
.
through A
. ,
and thereafter A
.
%
(3) The Bonds are subject to redemption in whole or in
part by lot, on any Interest Payment Date at the option of the
Borrower, at the redemption prices (expressed as percentages of
the principal amount of Bonds to be redeemed) set forth in the
table set forth below, together in each case, with interest
accrued thereon to the date fixed for redemption, if the Borrower
delivers to the Trustee a written certificate to the effect that
the Borrower either:
(A) (i) has determined that some or all of the
interest payable under the Agreement for any 60 days (which
need not be consecutive) within any consecutive twenty-four
month period is not or will not be deductible for federal
income tax purposes by reason of Section 150 of the Code (or
would not be deductible unless some or all of the Bonds are
redeemed) due to a change in use of the project or any
portion thereof, and (ii) will not claim deductions for such
interest on its federal income tax returns; or
(B) has determined (i) that there is "substantial
authority" (within the meaning of section 6662(d) (2) (B) (i)
of the Code) to support the position that section 150 of the
Code will not prevent interest payable under the Agreement
for any 60 days (which need not be consecutive) within any
consecutive twenty-four month period from being deductible
for federal income tax purposes, and (ii) that the Borrower
after reasonable effort has been unable to obtain an opinion
of independent counsel that it is more likely than not that
section 150 of the Code will not prevent deductions for such
interest expense.
In either such case, (i) the Borrower shall only direct
the Trustee to redeem Bonds pursuant to this Section 4.01 on or
after the interest payment date immediately preceding the date on
which, due to a change in use in the Project or any portion
thereof, the period of potential interest expense disallowance
described above commences, and (ii) the Borrower may only direct
the Trustee to redeem such principal amount of Bonds as the
Borrower determines is necessary to assure that the Borrower
retains its right to all such deductions otherwise allowable or,
if a partial redemption will not enable the Borrower to retain
the right to deduct such interest, the Borrower may direct the
Trustee to redeem all the outstanding Bonds or any portion
thereof.
CHUVSTA\INDENTUR.DD2
17
" -;rJl
Such Bonds shall be subject to redemption, as described
above in this Section 4.01(a)(3), at the following prices:
Redemntion Dates (Inclusive)
1, 1993 and 1, 199
-
1, 1994 and 1, 199
-
1, 1995 and 1, 199
-
1, 1996 and 1, 199
-
1, 1997 and thereafter
RedemDtion Price
102 %
101. 5
101
100.5
.100
(b) Mandatorv RedemDtion. The Bonds shall be subject
to mandatory redemption as set forth below. In each case, the
Trustee shall give notice of such redemption as provided in
section 4.03 hereof.
(1) The Bonds shall be redeemed in whole at a
redemption price equal to the principal amount thereof plus
interest accrued to the redemption date if, as a result of
any changes in the Constitution of the State of California
or in the Constitution of the united States of America or of
legislative or administrative action (whether state or .
federal),or by final decree, judgment or order of any court
or administrative body (whether state or federal) entered
after the contest thereof by the Borrower in good faith, the
Agreement shall have become impossible of performance in
accordance with the intent and purposes of the parties as
expressed in the Agreement.
(2) The Bonds shall be redeemed in whole at a
redemption price equal to the principal amount thereof plus
interest accrued to the redemption date upon the occurrence
of a Determination of Taxability; provided that it, in the
opinion of Bond Counsel delivered to the Trustee, the
redemption of a specified portion of the Bonds outstanding
would have the result that interest payable on the Bonds
remaining outstanding after such redemption would not be
includable for federal income tax purposes in the gross
income of any holders of a Bond (other than a holder who is
a "substantial user" of the Project or a "related person"
within the meaning of section 147(a) of the Code), then the
Bonds shall be redeemed in part by lot (in Authorized
Denominations), in such amount as Bond Counsel in such
opinion shall have determined is necessary to accomplish
that result.
(3) The Bonds shall be redeemed, at a redemption price
equal to the principal amount thereof plUS interest accrued
to the redemption date, when and to the extent the Mortgage
Bonds shall be redeemed upon the application of cash
received by the trustee under section 13 of Article XI of
the Borrower Indenture.
CHUVSTA\INDENTUR.OO2
18 ~__p
Section 4.02. Selection of Bonds for Redemotion. If
less than all of the Bonds are called for redemption, the Trustee
shall select the Bonds or any given portion thereof to be
redeemed, from the outstanding Bonds or such given portion
thereof not previously called for redemption, by lot. For the
purpose of any such selection the Trustee shall assign a separate
number for each $5,000 principal amount of each Bond of a-
denomination of more than $5,000. The Trustee shall promptly
notify the city in writing of the numbers of the Bonds or
portions thereof so selected for redemption.
section 4.03. Notice of Redemotion. Notice of
redemption shall be given by the Trustee for and on behalf of the
city, by mailing such notice by first class mail, postage
prepaid, not less than thirty (30) nor more than sixty (60) days
prior to the redemption date, to (i) the registered owner of such
Bond at the address shown on the registration books of the
Registrar on the date such notice is mailed; (ii) the Securities
Depositories; and (iii) one or more Information Services. Notice
of redemption to the Securities Depositories and the Information
Services shall be given by registered mail. Each notice of
redemption shall state the date of such notice, the date of issue
of the Bonds to be redeemed, the redemption date, the redemption
price, the place of redemption (including the name and
appropriate address or addresses of the Trustee), the source of
the funds to be used for such redemption, the principal amount,
the CUSIP number (if any) of the maturity and, if less than all,
the distinctive certificate numbers of the Bonds to be redeemed
and, in the case of Bonds to be redeemed in part only, the
respective portions of the principal amount thereof to be
redeemed. Each such notice shall also state that the interest on
the Bonds designated for redemption shall cease to accrue from
and after such redemption date and that on said date there will
become due and payable on each of said Bonds the principal amount
thereof to be redeemed, interest accrued thereon, if any, to the
redemption date and the premium, if any, thereon (such premium to
be specified) and shall require that such Bonds be then
surrendered at the address or addresses of the Trustee specified
in the redemption notice. Notwithstanding the foregoing, failure
by the Trustee to give notice pursuant to this Section 4.03 to
anyone or more of the Information Services or Securities
Depositories or the insufficiency of any such notices shall not
affect the sufficiency of the proceedings for redemption.
Failure to mail the notices required by this section 4.03 to any
registered owner of any Bonds designated for redemption, or to
any securities Depository or Information service, or any defect
in any notice so mailed, shall not affect the validity of the
proceedings for redemption of any Bonds.
section 4.04. Partial Redemotion of Bonds. upon
surrender of any Bond redeemed in part only, the Trustee shall
exchange the Bond redeemed for a new Bond without charge in the
principal amount of the portion of the Bond not redeemed. The
CHUVSTA\INOENTUR.002
19
IrJf
city and the Trustee shall be fully released and discharged from
all liability to the extent of payment of the redemption price
for such partial redemption.
Section 4.05. Effect of RedemDtion. Notice of
redemption having been duly given as aforesaid, and moneys for
payment of the redemption price being held by the Trustee, the
Bonds so called for redemption shall, on the redemption date
designated in such notice, become due and payable at the
redemption price specified in such notice, interest on the Bonds
so called for redemption shall cease to accrue, said Bonds shall
cease to be entitled to any lien, benefit or security under this
Indenture, and the holders of said Bonds shall have no rights in
respect thereof except to receive payment of the redemption price
thereof, without interest accrued on any funds held to pay such
redemption price accruing after the date of redemption.
All Bonds fully redeemed pursuant to the provisions of
this Article IV shall be cancelled upon surrender thereof and
destroyed by the Trustee, which shall thereupon deliver to the
City a certificate evidencing such destruction.
ARTICLE V
REVENUES
Section 5.01. Pledae of Revenues. All of the Revenues
and the Mortgage Bonds, to the extent the City has any interest
therein, are hereby irrevocably pledged to the punctual payment
of the principal of and interest and premium, if any, on the
Bonds, and Revenues shall not be used for any other purpose while
any of the Bonds remain outstanding. Said pledge shall
constitute a first and exclusive lien on the Revenues and the
Mortgage Bonds for the-payment of the Bonds in accordance with
the terms thereof.
All Revenues and the Mortgage Bonds shall be held in
trust for the benefit of the holders from time to time of the
Bonds, but shall nevertheless be disbursed, allocated and applied
solely for the uses and purposes hereinafter in this Article V
set forth. Notwithstanding the foregoing provisions of this
section 5.01, that portion of the Revenues permitted to be
returned to the Borrower under Section 5.02 hereof shall not be
subject to the pledge and lien of this section 5.01.
The Bonds shall not constitute a debt or liability or a
pledge of the faith and credit of the City or the State of
california, but shall be payable solely from the funds herein
provided therefor. The issuance of the Bonds shall not directly
or indirectly or contingently obligate the City, the State of
California or any political subdivision thereof to levy or to
CHUYSTA\INOENTUR.002
20
~--~2
pledge any form of taxation whatever therefor or to make any
appropriation for their payment.
Section 5.02. Bond Fund. Upon the receipt thereof,
the Trustee shall deposit all accrued interest paid at the sale
of the Bonds and all Revenues in the "San Diego Gas & Electric
company Bond Fund" (herein called the "Bond Fund"), which the
Trustee shall establish and maintain and hold in trust, and which
shall be disbursed and applied only as hereinafter authorized.
Except as provided below, moneys in the Bond Fund shall be used
solely for the payment of the principal of, premium, if any, and
interest on the Bonds as the same shall become due and payable at
maturity, upon redemption or otherwise. Funds for such payments
of the principal of, premium, if any, and interest on the Bonds
shall be derived from the following sources in the order of
priority indicated:
(i) from accrued interest, if any, paid by the initial
purchasers of the Bonds, which shall be applied to the payment of
interest on such Bonds;
(ii) from moneys transferred from the Construction Fund
to the Surplus Account following the Completion Date pursuant to
Section 3.03 of this Indenture and amounts withdrawn from the
Construction Fund and deposited into the Bond Fund pursuant to
the provisions of this Indenture; and
(iii) from amounts paid by the Borrower pursuant to the
provisions of Section 4.2(a) of the Agreement, including moneys
realized by the Trustee under the Mortgage Bonds.
So long as no Event of Default (or any event which
would be an Event of Default hereunder with the passage of time
or the giving of notice) exists hereunder, on each 2,
the Trustee shall return to the Borrower any moneys then on
deposit in the Bond Fund (except moneys in the surplus Account)
or shall deposit such funds in the Rebate Fund if so instructed
by the Borrower pursuant to Section 6.06(c) hereof.
Section 5.03. Trustee Authorized to Realize Monevs
Under the Mortaaae Bonds. The City hereby authorizes and directs
the Trustee, and the Trustee hereby agrees, to take such actions
as the Trustee determines are necessary to realize moneys under
the Mortgage Bonds as shall be necessary to make timely payment
of principal of and premium, if any, and interest on the Bonds to
the extent Bond proceeds and other moneys in the Bond Fund or
Construction Fund are not available for such payment in
accordance with the provisions of Section 5.02 of this Indenture.
Section 5.04. Investment of Monevs. Any moneys in any
of the funds and accounts to be established by the Trustee
pursuant to this Indenture may be invested, and upon the written
request of the Borrower shall be invested, by the Trustee, if and
CHUVSTA\INDENTUR.DDZ
21
,..u
to the extent then permitted by law, in Investment Securities.
Moneys in any fund or account shall be invested in Investment
Securities with respect to which payments of principal thereof
and interest thereon are scheduled to be paid or are otherwise
payable (including Investment securities payable at the option of
the holder) not later than the date on which it is estimated that
such moneys will be required by the Trustee.
Except for purposes of section 6.06, for the purpose of
determining the amount in any fund, all Investment Securities
credited to such fund shall be valued at the lesser of cost
(which shall be (1) measured exclusive of accrued interest after
the first payment of interest following purchase and (2) ratably
increased over time by the amortization of any difference between
the initial purchase price, excluding accrued interest but
inclUding commissions, and the par value) or par value (plus,
prior to the first payment of interest following purchase, the
amount of any accrued interest paid as part of the purchase
price).
Any interest, profit or loss on such investments shall
be credited or. charged to the respective funds from which such
investments are made. The Trustee may sell or present for
redemption any obligations so purchased whenever it shall be
necessary in order to provide moneys to meet any payment, and the
Trustee shall not be liable or responsible for any loss resulting
from such investment. Unless otherwise directed by the Borrower,
the Trustee may make any investment permitted under this Section
5.04 through or with its own commercial banking or investment
departments.
Section 5.05. Assianment to Trustee: Enforcement of
Obliaations. (a) The City hereby transfers, assigns and sets
over to the Trustee all of the Revenues and any and all rights
and privileges it has under the Agreement, except the City's
right to receive payments under Sections 4.2(C), 6.3, 8.2 and 8.3
of the Agreement, but including, without limitation, the right to
collect and receive directly all of the Revenues and the right to
hold and enforce any security interest, and any Revenues
collected or received by the City shall be deemed to be held, and
to have been collected or received, by the City as the agent of
the Trustee, and shall forthwith be paid by the City to the
Trustee. The Trustee also shall be entitled to and shall take
all steps, actions and proceedings reasonably necessary in its
judgment (1) to enforce the terms, covenants and conditions of,
and preserve and protect the priority of its interest in and
under, the Agreement, the Mortgage Bonds and any other security
agreement with respect to the Project or the Bonds, and (2) to
assure compliance with all covenants, agreements and conditions
on the part of the City contained in this Indenture with respect
to the Revenues.
CHUVSTA\INDENTUR.002
22
,~~
section 5.06. Reoavment to Borrower. When there are
no longer any Bonds outstanding or provision for payment of the
Bonds has been made in accordance with Article X hereof, and all
fees, charges and expenses of the Trustee, the Registrar and any
paying agents have been paid or provided for, payment of the full
amount owing the United states Government, as determined under
section 3.6 of the Agreement, section 6.06 hereof and the Tax
certificate, all expenses of the City relating to the Project and
this Indenture have been paid or provided for, and all other
amounts payable hereunder and under the Agreement have been paid,
and this Indenture has been discharged and satisfied, the Trustee
shall pay to the Borrower any amounts remaining in any fund
established and held hereunder.
ARTICLE VI
COVENANTS OF THE CITY
section 6.01. PaYment of princioal and Interest. The
city shall punctually pay, but only out of Revenues as herein
provided, the principal and the interest (and premium, if any) to
become due in respect of every Bond issued hereunder at the times
and places and in the manner provided herein and in the Bonds
according to the true intent and meaning thereof. When and as
paid in full, all Bonds, if any, shall be delivered to the
Trustee, shall forthwith be cancelled and destroyed by the
Trustee which thereupon shall deliver a certificate evidencing
such destruction to the City.
Section 6.02. Extension or Fundina of Claims for
Interest. In order to prevent any accumulation of claims for
interest after maturity, the city shall not, directly or
indirectly, extend or assent to the extension of the time for the
payment of any claim for interest on any of the Bonds, and shall
not, directly or indirectly, be a party to or approve any such
arrangement by purchasing or funding such claims or in any other
manner. In case any such claim for interest shall be extended or
funded, whether or not with the consent of the City, such claim
for interest so extended or funded shall not be entitled, in case
of default hereunder, to the benefits of this Indenture, except
subject to the prior payment in full of the principal of all of
the Bonds then outstanding and of all claims for interest which
shall not have been so extended or funded.
Section 6.03. pavina Aaents. The City, with the
written approval of the Trustee and the Borrower, may appoint and
at all times have one or more paying agents in such place or
places as the City may designate, for the payment of the
principal of, and the interest (and premium, if any) on, the
Bonds. It shall be the duty of the Trustee to make such
arrangements with any such paying agent as may be necessary to
assure, to the extent of the moneys held by the Trustee for such
. .
CHUVSTA\INDENTUR.002
23
~~~
payment,
premium,
payment.
Trustee.
the prompt payment of the principal of and interest and
if any, on the Bonds presented at either place of
The paying agent initially appointed hereunder is the
Section 6.04. Preservation of Revenues. The City
shall not take any action to interfere with or impair the pledge
and assignment hereunder of Revenues and the assignment to the
Trustee of rights under the Agreement, or the Trustee's
enforcement of any rights thereunder, without the prior written
consent of the Trustee. The Trustee may give such written
consent, and may itself take any such action or consent to an
amendment or modification to the Agreement, the Mortgage Bonds,
or to any other document, instrument or agreement relating to the
security for the Bonds, only in accordance with the provisions of
Article IX hereof.
Section 6.05. Comoliance with Indenture. The City
shall not issue, or permit to be issued, any Bonds secured or
payable in any manner out of Revenues in any manner other than in
accordance with the provisions of this Indenture, and shall not
suffer or permit any default to occur under this Indenture, but
shall faithfully observe and perform all the covenants,
conditions and requirements.hereof.
Section 6.06. Arbitraae Covenants: Rebate Fund. (a)
The city covenants with the holders of all Bonds at any time
outstanding that it will not directly or indirectly use the
proceeds of any of the Bonds or any other funds of the City or
take any other action which will cause any of the Bonds to be
"arbitrage bonds" or otherwise subject to federal income taxation
by reason of Section 148 of the Code and any applicable
regulations promulgated thereunder. To that end the City and the
Trustee, with respect to the proceeds of the Bonds or any other
funds, shall comply with all requirements of said Section 148 and
of all regulations of the united States Department of the
Treasury promulgated thereunder, to the extent that such
requirements are, at the time, applicable and in effect. In the
event that at any time the City is of the opinion (which opinion
shall be based on the advice of Bond Counsel) that for purposes
of this paragraph it is necessary to restrict or limit the yield
on the investment of any moneys held by the Trustee under this
Indenture, the City so shall instruct the Trustee in writing and
the Trustee shall take such action as may be necessary to
restrict or limit the yield on such investment in accordance with
such instructions.
(b) The Trustee shall establish and maintain a fund
separate from any other fund established and maintained hereunder
designated the "San Diego Gas & Electric Company Rebate Fund"
(herein called the "Rebate Fund"). within the Rebate Fund, the
Trustee shall maintain such accounts as shall be necessary in
order to comply with the terms and requirements of the Tax
CHUVSTA\INDENTUR.OO2
24
,-~
certificate. Subject to the transfer prov1s10ns provided in
paragraph (c) below, all money at any time deposited in the
Rebate Fund shall be held by the Trustee in trust, to the extent
required to satisfy the Rebate Amount (as defined in the Tax
certificate), for payment to the United states Government, and
neither the Borrower, the city or the Bondholders shall have any
rights in or claim to such moneys. All amounts deposited into or
on deposit in the Rebate Fund shall be governed by this Section,
by Section 5.6 of the Agreement and by the Tax certificate (which
is incorporated herein by reference). The Trustee shall
conclusively be deemed to have complied with such provisions if
it follows the directions of the Borrower, including supplying
all necessary information in the manner set forth in the Tax
certificate, and shall not be required to take any actions
thereunder in the absence of written directions from the
Borrower.
(c) upon receipt of the Borrower's written
instructions, the Trustee shall remit part or all of the balances
in the Rebate Fund to the United States Government, as so
directed. In addition, if the Borrower so directs, the Trustee
will deposit moneys into or transfer moneys out of the Rebate
Fund from or into such accounts or funds as directed by the
Borrower's written directions. Any funds remaining in the
Rebate Fund after redemption and payment of all of the Bonds and
payment and satisfaction of any Rebate Amount, or provision made
therefor satisfactory to the Trustee, shall be withdrawn and
remitted to the Borrower.
(d) Notwithstanding any provision of this Indenture,
including in particular Article X hereof, the obligation to remit
the Rebate Amounts to the united States and to comply with all
other requirements of this section 6.06, Section 5.6 of the
Agreement and the Tax Certificate shall survive the defeasance or
payment in full of the Bonds.
section 6.07. Other Liens. So long as any Bonds are
outstanding, the City shall not create or suffer to be created
any pledge, lien or charge of any type whatsoever upon all or any
part of the Revenues, other than the lien of this Indenture.
Section 6.08. Further Assurances. Whenever and so
often as requested so to do by the Trustee, the City shall
promptly execute and deliver or cause to be executed and
delivered all such other and further instruments, documents or
assurances, and promptly do or cause to be done all such other
and further things, as may be necessary or reasonably required in
order to further and more fully vest in the Trustee and the
Bondholders all of the rights, interests, powers, benefits,
privileges and advantages conferred or intended to be conferred
upon them by this Indenture and to perfect and maintain as
perfected such rights, interests, powers, benefits, privileges
and advantages.
CHUVSTA\INDENTUR.D02
25
,~,
ARTICLE VII
DEFAULT
section 7.01. Events of Default: Acceleration: Waiver
of Default. Each of the following events shall constitute an
"Event of Default" hereunder:
(a) Failure to make payment of any installment of
interest upon any Bond, and the continuation of such failure for
thirty (30) days after the date such installment shall have been
due;
(b) Failure to make due and punctual payment of the
principal of and premium, if any, on any Bond at the stated
maturity thereof, or upon proceedings for redemption thereof or
upon the maturity thereof by declaration;
(c) The occurrence of an "event of default" under the
Agreement;
(d) An Act of Bankruptcy of the Borrower;
(e) Default by the City in the performance or
observance of any other of the covenants, agreements or
conditions on its part in this Indenture or in the Bonds
contained, and the continuance of such default for a period of
sixty (60) days after written notice thereof, specifying such
default and requiring the same to be remedied, shall have been
given to the City and the Borrower by the Trustee, or to the
City, the Borrower and the Trustee by the holders of not less
than twenty-five percent (25%) in aggregate principal amount of
the Bonds at the time outstanding.
No default specified in (e) above shall constitute an
Event of Default unless the City and the Borrower shall have
failed to correct such default within the applicable 60-day
period; provided, however, that if the default shall be such that
it cannot be corrected within such period, it shall not
constitute an Event of Default if corrective action is instituted
by the city or the Borrower within the applicable period and
diligently pursued until the default is corrected.
with regard to any alleged default concerning which notice is
given to the Borrower under the provisions of this section, the
City hereby grants the Borrower full authority for account of the
City to perform any covenant or obligation the non-performance of
which is alleged in said notice to constitute a default in the
name and stead of the City with full power to do any and all
things and acts to the same extent that the City could do and
perform any such things and acts and with power of substitution.
Upon the occurrence and continuation of an Event of
Default under Section 7.01(a), (b), (c) or (e) the Trustee may,
CHUVSTA\INOENTUR.OOZ
26
~-'a
and upon the written request of holders of not less than 25% in
aggregate principal amount of Bonds then outstanding, shall, by
notice in writing delivered to the Borrower with copies of such
notice being sent to the City, declare the principal of all Bonds
then outstanding and the interest accrued thereon immediately due
and payable, and such principal and interest shall thereupon
become and be immediately due and payable. Upon the occurrence of
an Event of Default under Section 7.01(d), the principal of the
Bonds then outstanding and the interest accrued thereon shall
thereupon become immediately due and payable, and thereafter the
Trustee shall give notice to the Borrower and the city.
Notwithstanding the foregoing, the Trustee shall not be required
to take any action upon the occurrence and continuation of an
Event of Default under 7.01(C) through 7.01(e) above until the
Trustee has actual notice or knowledge of such Event of Default.
After such declaration or automatic acceleration the Trustee
shall immediately take such actions as necessary to realize
moneys under the Mortgage Bonds. Upon any such declaration or
automatic acceleration, the Trustee shall declare all
indebtedness payable under Sections 4.2(a) of the Agreement to be
immediately due and payable in accordance with section 6.2 of the
Agreement and may exercise and enforce such rights as exist under
the Agreement.
The preceding paragraph, however, is subject to the
condition that if, at any time after the principal of the Bonds
shall have been so declared due and payable, and before any
judgment or decree for the payment of the moneys due shall have
been obtained or entered as hereinafter provided, there shall
have been deposited with the Trustee a sum sufficient to pay all
the principal of the Bonds matured prior to such declaration and
all matured installments of interest (if any) upon all the Bonds,
with interest on such overdue installments of principal as
provided in the Agreement, and the reasonable expenses of the
Trustee, and any and all other defaults known to the Trustee
(other than in the payment of principal of and interest on the
Bonds due and payable solely by reason of such declaration) shall
have been made good or cured to the satisfaction of the Trustee
or provision deemed by the Trustee to be adequate shall have been
made therefor, then, and in every such case, the holders of at
least a majority in aggregate principal amount of the Bonds then
outstanding, by written notice to the City and to the Trustee,
may, on behalf of the holders of all the Bonds, rescind and annul
such declaration and its consequences and waive such default;
provided that no such rescission and annulment shall extend to or
shall affect any subsequent default, or shall impair or exhaust
any right or power consequent thereon.
section 7.02. Institution of Leaal proceedinas bv
Trustee. In addition, if one or more of the Events of Default
shall happen and be continuing, the Trustee in its discretion
may, and upon the written request of the holders of a majority in
principal amount of the Bonds then outstanding and upon being
CHUVSTA\lNDENTUR.D02
27
Ur
indemnified to its satisfaction therefor shall, proceed to
protect or enforce its rights or the rights of the holders of
Bonds under the Law or under this Indenture, by a suit in equity
or action at law, either for the specific performance of any
covenant or agreement contained herein, or in aid of the
execution of any power herein granted, or by mandamus or other
appropriate proceeding for the enforcement of any other legal or
equitable remedy as the Trustee shall deem most effectual in
support of any of its rights or duties hereunder.
Section 7.03. ADDlication of Monevs Collected bv
Trustee. Any moneys collected by the Trustee on or after the
occurrence of an Event of Default shall be applied in the order
fOllowing, at the date or dates fixed by the Trustee and, in the
case of distribution of such moneys on account of principal (or
premium, if any) or interest, upon presentation of the Bonds, and
stamping thereon the payment, if only partially paid, and.upon
surrender thereof, if fully paid: .
First: To the payment of costs and expenses of
collection, just and reasonable compensation to the
Trustee for its. own services and for the services of
counsel, agents and employees by it properly engaged
and employed, and all other expenses and liabilities
incurred, and for advances made pursuant to the
provisions of this Indenture with interest on all such
advances at the rate of ten percent (10%) per annum.
Second: In case the principal of none of the
Bonds shall have become due and remains unpaid, to the
payment of interest in default in the order of the
maturity thereof (except that any amounts held in the
Surplus Account shall be applied .in accordance with the
provisions of Section 3.03 hereof), such payments to be
made ratably and proportionately to the persons
entitled thereto without discrimination or preference,
except as specified in Section 6.02.
Third: In case the principal of any of the Bonds
shall have become due by declaration or otherwise and
remains unpaid, first to the payment of principal of
all Bonds then due and unpaid, then to the payment of
interest in default in the order of maturity thereof,
and then to.the payment of the premium thereon, if any;
in every instance such payment to be made ratably to
the persons entitled thereto without discrimination or
preference, except as specified in section 6.02.
Section 7.04. Effect of Delav or Omission to Pursue
Remedv. No delay or omission of the Trustee or of any holder of
Bonds to exercise any right or power arising from any default
shall impair any such right or power or shall be construed to be
a waiver of any such default or acquiescence therein, and every
CHUYSTA\INDENTUR.OO2
28
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power and remedy given by this Article VII to the Trustee or to
the holders of Bonds may be exercised from time to time and as
often as shall be deemed expedient. In case the Trustee shall
have proceeded to enforce any right under this Indenture, and
such proceedings shall have been discontinued or abandoned
because of waiver or for any other reason, or shall have been
determined adversely to the Trustee, then and in every such case
the city, the Trustee and the holders of the Bonds, severally and
respectively, shall be restored to their former positions and
rights hereunder in respect to the trust estate; and all
remedies, rights and powers of the city, the Trustee and the
holders of the Bonds shall continue as though no such proceedings
had been taken.
Section 7.05. Remedies Cumulative. No remedy herein
conferred upon or reserved to the Trustee or to any holder of the
Bonds is intended to be exclusive of any other remedy, but each
and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or
hereafter existing at law or in equity.
Section 7.06. Covenant to Pav Bonds in Event of
Default..The city covenants that, upon the happening of any
Event of Default, the City will pay to the Trustee upon demand,
but only out of Revenues, for the benefit of the holders of the
Bonds, the whole amount then due and payable thereon (by
declaration or otherwise) for interest or for principal and
premium, or both, as the case may be, and all other sums which
may be due hereunder or secured hereby, inCluding reasonable
compensation to the Trustee, its agents and counsel, and any
expenses or liabilities incurred by the Trustee hereunder. In
case the City shall fail to pay the same forthwith upon such
demand, the Trustee, in its own name and as trustee of an express
trust, shall be entitled to institute proceedings at law or in
equity in any court of competent jurisdiction to recover judgment
for the whole amount due and unpaid, together with costs and
reasonable attorneys' fees, subject, however, to the condition
that such judgment, if any, shall be limited to, and payable
solely out of, Revenues as herein provided and not otherwise.
The Trustee shall be entitled to recover such judgment as
aforesaid, either before or after or during the pendency of any
proceedings for the enforcement of this Indenture, and the right
of the Trustee to recover such judgment shall not be affected by
the exercise of any other right, power or remedy for the
enforcement of the provisions of this Indenture.
section 7.07. Trustee ADDointed Aaent for Bondholders.
The Trustee is hereby appointed the agent and attorney of the
holders of all Bonds outstanding hereunder for the purpose of
filing any claims relating to the Bonds.
section 7.08. Power of Trustee to Control proceedinas.
In the event that the Trustee, upon the happening of an Event of
CHUVSTA\INDENTUR.OOZ
29 ~-7~
Default, shall have taken any action, by jUdicial proceedings or
otherwise, pursuant to its duties hereunder, whether upon its
own discretion or upon the request of holders of the Bonds, it
shall have full power, in the exercise of its discretion for the
best interests of the holders of the Bonds, with respect to the
continuance, discontinuance, withdrawal, compromise, settlement
or other disposal of such action; provided, however, that-the
Trustee shall not, unless there no longer continues an Event of
Default hereunder, discontinue, withdraw, compromise or settle,
or otherwise dispose of any litigation pending at law or in
equity, if at the time there has been filed with it a written
request signed by the holders of at least a majority in principal
amount of the Bonds outstanding hereunder opposing such
discontinuance, withdrawal, compromise, settlement or other
disposal of such litigation.
All rights of action under this Indenture or under any
of the Bonds secured hereby which are enforceable by the Trustee
may be enforced by it without the possession of any of the Bonds,
or the production thereof at the trial or other proceedings
relative thereto, and any such suit, action or proceeding
instituted by the Trustee shall be brought in its name as Trustee
of an express trust for the equal and ratable benefit of the
Bondholders, subject to the provisions of this Indenture.
section 7.09. Limitation on Bondholders' Riaht to Sue.
No holder of any Bond issued hereunder shall have the right to
institute any suit, action or proceeding at law or in equity, for
any remedy under or upon this Indenture, unless (a) such holder
shall have previously given to the Trustee written notice of the
occurrence of an Event of Default hereunder; (b) the holders of
at least a majority in aggregate principal amount of all the
Bonds then outstanding shall have made written request upon the
Trustee to exercise the powers hereinbefore granted or to
institute such action, suit or proceeding in its'own name; .
(c) said holders shall have tendered to the Trustee reasonable
indemnity against the costs, expenses and liabilities to be
incurred in compliance with such request; and (d) the Trustee
shall have refused or omitted to comply with such request for a
period of thirty (30) days after such written request shall have
been received by, and said tender of indemnity shall have been
made to, the Trustee.
Such notification, request, tender of indemnity and
refusal or omission are hereby declared, in every case, to be
conditions precedent to the exercise by any holder of Bonds of
any remedy hereunder; it being understood and intended that no
one or more holders of Bonds shall have any right in any manner
whatever by his or their action to enforce any right under this
Indenture, except in the manner herein provided, and that all
proceedings at law or in equity to enforce any provision of this
Indenture shall be instituted, had and maintained in the manner
herein provided and for the equal benefit of all holders of the
CHUVSTA\INDENTUR.OOZ
30
'~7~
outstanding Bonds (subject to the provisions of Section 6.02
hereof).
The right of any holder of any Bond to receive payment
of the principal of (and premium, if any) and interest on such
Bond out of Revenues, as herein and therein provided, on and
after the respective due dates expressed in such Bond, or to
institute suit for the enforcement of any such payment on or
after such respective dates, shall not be impaired or affected
without the consent of such holder, notwithstanding the foregoing
provisions of this section or Section 7.08 or any other provision
of this Indenture.
Section 7.10. Limitation of Liabilitv to Revenues.
Notwithstanding anything in this Indenture contained, the city
shall not be required to advance any moneys derived from the
proceeds of taxes collected by the City or by any governm~ntal
body or political subdivision of the State of California or from
any source of income of any governmental body or political
subdivision of the State of California or the City other than the
Revenues, for any of the purposes in this Indenture mentioned,
whether for the payment of the principal of or interest or
premium if any on the Bonds or for the payment of any rebate
obligations or for any other purpose of this Indenture. The
Bonds are not general obligations of the City, and are payable
from and secured by the Revenues only.
ARTICLE VIII
THE TRUSTEE
section 8.01. Duties. Immunities and Liabilities of
Trustee and Reaistrar. The Trustee and the Registrar shall,
prior to an Event of Default, and after the curing of all Events
of Default which may have occurred, perform such duties and only
such duties as are specifically set forth in this Indenture. The
Trustee shall, during the existence of any Event of Default
(which has not been cured), exercise such of the rights and
powers vested in it by this Indenture, and use the same degree of
care and skill in their exercise, as prudent persons would
exercise or use under the circumstances in the conduct of their
own affairs.
No provision of this Indenture shall be construed to
relieve the Trustee or the Registrar from liability for its own
negligent action or its own negligent failure to act, except
that:
(a)
after the
occurred,
Prior to such an Event of Default hereunder and
curing of all Events of Default which may have
CHUVSTA\lNDENTUR.DD2
31
~"?.3-
(1) the duties and obligations of the Trustee and
the Registrar, as the case may be, shall be determined
solely by the express provisions of this Indenture; the
Trustee shall not be liable except for the performance
of such duties and obligations as are specifically set
forth in this Indenture; and no covenants or
obligations shall be implied into this Indenture which
are adverse to the Trustee and the Registrar, as the
case may be; and
(2) in the absence of bad faith on the part of
the Trustee or the Registrar, as the case may be, the
Trustee or the Registrar, as the case may be, may
conclusively rely, as to the truth of the statements
and the correctness of the opinions expressed therein,
upon any certificate or opinion furnished to the
Trustee or the Registrar, as the case may be,
conforming to the requirements of this Indenture; but.
in the case of any such certificate or opinion which by
any provision hereof is specifically required to be
furnished to the Trustee or the Registrar, as the case
maybe, the Trustee or the Registrar, as the case may
be, shall be under a duty to examine the same to
determine whether or not it conforms to the
requirements of this Indenture; and
(b) At all times, regardless of whether or not any
Event of Default shall exist,
(1) the Trustee and the Registrar shall not be
liable for any error of judgment made in good faith by
a responsible officer or officers of the Trustee or the
Registrar unless it shall be proved that the Trustee or
the Registrar, as the case may be, was negligent in
ascertaining the pertinent facts; and
(2) neither the Trustee nor the Registrar shall
be liable with respect to any action taken or omitted
to be taken by it in good faith in accordance with the
direction of the holders of not less than a majority,
or such larger percentage as may be required hereunder,
in aggregate principal amount of the Bonds at the time
outstanding relating to the time, method and place of
conducting any proceeding for any remedy available to
the Trustee or Registrar, or exercising any trust or
power conferred upon the Trustee or the Registrar under
this Indenture.
(c) The Trustee may execute any of the trusts or
powers hereof and perform the duties required of it
hereunder by or through attorneys, agents or receivers, and
shall be entitled to advice of counsel concerning all
matters of trust and concerning its duties hereunder, and
CHUVSTA\INDENTUR.002
32
~~
the Trustee shall not be answerable for the default or
misconduct of any such attorney, agent, or receiver selected
by it with reasonable care.
None of the provisions contained in this Indenture
shall require the Trustee or Registrar to expend or risk its own
funds or otherwise incur individual financial liability in the
performance of any of its duties or in the exercise of any of its
rights or powers.
section 8.02. Riaht of Trustee and Reaistrar to Relv
uoon Documents. Etc. Except as otherwise provided in section
8.01:
(a) The Trustee and the Registrar may rely and shall
be protected in acting upon any resolution, certificate,
statement, instrument, opinion, report, notice, request,
consent, order, Bond or other paper or document believed by
it to be genuine and to have been signed or presented by the
proper party or parties;
(b) Any notice, request, direction, election, order or
demand of the City mentioned herein shall be sufficiently
evidenced by an instrument signed in the name of the City by
an Authorized city Representative, and any resolution of the
City may be evidenced to the Trustee or the Registrar by a
Certified Resolution;
(c) The Trustee and the Registrar may consult with
counsel (who may include counsel for the city or Bond
Counsel) and the opinion of such counsel shall be full and
complete authorization and protection in respect of any
action taken or suffered by it hereunder in good faith and
in accordance with the opinion of such counsel; and
(d) Whenever in the administration of the trusts of
this Indenture the Trustee or the Registrar shall deem it
necessary or desirable that a matter be proved or
established prior to taking or suffering any action
hereunder, such matter (unless other evidence in respect
thereof be herein specifically prescribed) may, in the
absence of negligence or bad faith on the part of the
Trustee or the Registrar, as the case may be, be deemed to
be conclusively proved and established by a certificate of
the City; and such certificate of the City shall, in the
absence of negligence or bad faith on the part of the
Trustee or the Registrar, as the case may be, be full
warrant to the Trustee or the Registrar, as the case may be,
for any action taken or suffered by it under the provisions
of this Indenture upon the faith thereof.
section 8.03. Trustee and Reaistrar Not Resoonsible
for Recitals. The recitals contained herein and in the Bonds
CHUVSTA\INOENTUR.OO2
33
~-?$
shall be taken as the statements of the city, and the Trustee and
the Registrar assume no responsibility for the correctness of the
same. The Trustee and the Registrar make no representations as
to the validity or sufficiency of this Indenture or of the Bonds.
The Trustee and the Registrar shall not be accountable for the
use or application by the city of any of the Bonds authenticated
or delivered hereunder or of the proceeds of such Bonds except to
the extent specifically provided in this Indenture.
Section 8.04. Riaht of Trustee and Reaistrar to
Acauire Bonds. The Trustee, the Registrar and their officers and
directors may acquire and hold, or become the pledgee of, Bonds
and otherwise deal with the City in the manner and to the same
extent and with like effect as though it were not Trustee or
Registrar, as the case may be, hereunder.
Section 8.05. Monevs Received bv Trustee and Reaistrar
to Be Held in Trust. Subject to the provisions of section 10.03,
all moneys received by the Trustee and the Registrar shall, until
used or applied as herein provided, be held in trust for the
purposes for which they were received, but need not be segregated
from other funds except to the extent required by law. The
Trustee and the Registrar shall be under no liability for
interest on any moneys received by them hereunder except such as
it may agree with the city to pay thereon. Except to the extent
provided otherwise herein, any interest allowed on any such
moneys shall be deposited in the fund to which such moneys are
credited. Any moneys held by the Trustee or the Registrar may be
deposited by it in its banking department and invested as
provided herein.
Section 8.06. ComDensation and Indemnification of
Trustee and Reaistrar. The Trustee and the Registrar shall be
entitled to reasonable compensation .for all services rendered by
it in the execution of the trusts created and in the exercise and
performance of any of the powers and duties hereunder of the
Trustee or the Registrar, as the case may be, which compensation
shall not be limited by any provision of law in regard to the
compensation of a trustee of an express trust, and the Agreement
will require the Borrower to payor reimburse the Trustee or the
Registrar, as the case may be, upon its request for all expenses,
disbursements and advances incurred or made by the Trustee or the
Registrar, as the case may be, in accordance with any of the
provisions of this Indenture (including the reasonable
compensation and the expenses and disbursements of its counsel
and of all persons not regularly in its employ) except any such
expense, disbursement or advance as may arise from its negligence
or bad faith. If any property, other than cash, shall at any
time be held by the Trustee or the Registrar, as the case may be,
subject to this Indenture, or any supplemental indenture, as
security for the Bonds, the Trustee or the Registrar, as the case
may be, if and to the extent authorized by a receivership,
bankruptcy or other court of competent jurisdiction or by the
CHUVSTA\INDENTUR.002
34
~67f
instrument subjecting such property to the prov~s~ons of this
Indenture as such security for the Bonds, shall be entitled to
make advances for the purpose of preserving such property or of
discharging tax liens or other prior liens or encumbrances
thereon. The Agreement will also require the Borrower to
indemnify the Trustee or the Registrar, as the case may be, for,
and to hold it harmless against, any loss, liability, expense or
advance incurred or made without negligence or bad faith on the
part of the Trustee or the Registrar, as the case may be, arising
out of or in connection with the acceptance or administration of
this trust, including the costs and expenses of defending itself
against any claim of liability in the premises.
Section 8.07. Qualifications of Trustee and Reaistrar.
There shall at all times be a trustee and a registrar hereunder
which shall be corporations or banking associations organized and
doing business under the laws of the United States or of a state
thereof, authorized under such laws to exercise corporate' trust
powers, having a combined capital and surplus of at least Fifty
Million Dollars ($50,000,000), and subject to supervision or
examination by federal or state authority. If such corporations
or banking associations publish reports of condition at least
annually,. pursuant to law or to the requirements of any
supervising or examining authority above referred to, then for
the purposes of this Section the combined capital and surplus of
such corporations or banking associations shall be deemed to be
their combined capital and surplus as set forth in their most
recent reports of conditions so published. In case at any time
the Trustee or the Registrar shall cease to be eligible in
accordance with the provisions of this Section, the Trustee or
the Registrar, as the case may be, shall resign immediately in
the manner and. with the effect specified in Section 8.08.
Section 8.08. Resianation and Removal of Trustee or
Reaistrar and ADDointment of Successor Trustee or Reaistrar. (a)
The Trustee or Registrar may at any time resign by giving written
notice to the City and by giving to the Bondholders notice either
by publication of such resignation, which notice shall be
published at least once in a Qualified Newspaper or by mailing
notice by first class mail to such Bondholders. Upon receiving
such notice of resignation, the City, with the consent of the
Borrower, shall promptly appoint a successor trustee or
registrar, as the case may be, by an instrument in writing. If
no successor trustee or registrar, as the case may be, shall have
been so appointed and have accepted appointment within thirty
days after the giving of such notice of resignation, the
resigning trustee or registrar, as the case may be, may petition
any court of competent jurisdiction for the appointment of a
successor trustee or registrar, as the case may be, or any
Bondholder who has been a bona fide holder of a Bond for at least
six months may, on behalf of himself and others similarly
situated, petition any such court for the appointment of a
successor trustee or registrar, as the case may be. Such court
CHUYSTA\INDENTUR.002
35
~~7'
may thereupon, after such notice, if any, as it may deem proper
and may prescribe, appoint a successor trustee or registrar, as
the case may be.
(b) In case at any time either of the following
shall occur:
(1) the Trustee or Registrar shall cease to be
eligible in accordance with the provisions of Section
8.07 and shall fail to resign after written request
therefor by the City or by any Bondholder who has been
a bona fide holder of a Bond for at least six months,
or
(2) the Trustee or Registrar shall become
incapable of acting, or shall be adjudged a bankrupt or
insolvent, or a receiver of the Trustee or Registrar or
of its property shall be appointed, or any pubric
officer shall take charge or control of the Trustee or
Registrar or of its property or affairs for the purpose
of rehabilitation, conservation or liquidation,
then, in any such case, the city may remove the Trustee or
Registrar, as the case may be, and appoint a successor trustee by
an instrument in writing, or any such Bondholder may, on behalf
of itself and all others similarly situated, petition any court
of competent jurisdiction for the removal of the Trustee or
Registrar, as the case may be, and the appointment of a successor
trustee or registrar, as the case may be. Such court may
thereupon, after such notice, if any, as it may deem proper and
may prescribe, remove the Trustee or Registrar, as the case may
be, and appoint a successor trustee or registrar, as the case may
be.
(c) The City, with the advice and consent of the
Borrower, or the holders of a majority in aggregate principal
amount of the Bonds at the time outstanding may at any time
remove the Trustee or Registrar, as the case may be, and appoint
a successor trustee or registrar, as the case may be, by an
instrument or concurrent instruments in writing signed by the
City or such Bondholders, as the case may be.
(d) Any resignation or removal of the Trustee or
Registrar, as the case may be, and appointment of a successor
trustee or registrar, as the case may be, pursuant to any of the
provisions of this section shall become effective upon acceptance
of appointment by the successor trustee or registrar, as the case
may be, as provided in Section 8.09.
section 8.09. AcceDtance of Trust bv Successor
Trustee. Any successor trustee appointed as provided in Section
8.08 shall execute, acknowledge and deliver to the City and to
its predecessor trustee an instrument accepting such appointment
CHUVSTA\INDENTUR.002
36
~-7g
hereunder, and thereupon the resignation or removal of the
predecessor trustee shall become effective and such successor
trustee, without any further act, deed or conveyance, shall
become vested with all the rights, powers, trusts, duties and
obligations of its predecessor in the trusts hereunder, with like
effect as if originally named as Trustee herein; but,
nevertheless, on the written Request of the city or the request
of the successor trustee, the trustee ceasing to act shall
execute and deliver an instrument transferring to such successor
trustee, upon the trusts herein expressed, all the rights, powers
and trusts of the trustee so ceasing to act. upon request of any
such successor trustee, the City shall execute any and all
instruments in writing necessary or desirable for more fully and
certainly vesting in and confirming to such successor trustee all
such rights, powers and duties. Any trustee ceasing to act
shall, nevertheless, retain a lien upon all property or funds
held or collected by such trustee to secure the amounts due it as
compensation, reimbursement, expenses and indemnity afforded to
it by Section 8.06.
No successor trustee shall accept appointment as
provided in this section 8.09 unless at the time of such
acceptance such successor trustee shall be eligible under the
provisions of Section 8.07.
upon acceptance of appointment by a successor trustee
as provided in this Section, the City or such successor trustee
shall give Bondholders notice of the succession of such trustee
to the trusts hereunder in the manner prescribed in Section 8.08
for the giving of notice of resignation of the Trustee.
Section 8.10. Meraer or Consolidation of Trustee or
Reaistrar. Any corporation or banking association into which the
Trustee may be merged or with which it may be consolidated, or
any corporation or banking association resulting from any merger
or consolidation to which the Trustee or Registrar shall be a
party, or any corporation or banking association succeeding to
the business of the Trustee or Registrar, shall be the successor
of the Trustee or Registrar hereunder without the execution or
filing of any paper or any further act on the part of any of the
parties hereto, anything herein to the contrary notwithstanding,
provided that such successor trustee or registrar shall be
eligible under the provisions of Section 8.07.
Section 8.11. Accountina Records and ReDorts. The
Trustee and Registrar shall keep proper books of record and
account in accordance with trust accounting standards in which
complete and correct entries shall be made of all transactions
relating to the receipt, investment, disbursement, allocation and
application of the Revenues and the proceeds of the Bonds. To
the extent the Borrower directs the Trustee with respect to the
investment of moneys in any fund or account, the Borrower shall
provide the Trustee with the records require~ by this section
CHUVSTA\INDENTUa.OO2
37
~"
8.11. Such records shall specify the account or fund to which
each investment (or portion thereof) held by the Trustee is to be
allocated and shall set forth, in the case of each Investment
Security, (a) its purchase price, (b) its value at maturity or
its sale price, as the case may be, (c) the amounts and dates of
any payments to be made with respect thereto and (d) such
documentation as is required to be obtained by the Borrower or
Trustee and evidence to establish that the requirements of
Section of the Tax Certificate have been met. Such records
shall be-opBn to inspection by any Bondholder at any reasonable
time during regular business hours on reasonable notice. The
Trustee and Registrar shall furnish to the City regular reports
on such dates and containing such information as the city shall
require, covering the activities and responsibilities of the
Trustee.
The Trustee shall furnish to any Bondholder who may
make written request therefor a copy of the most recent audited
financial statements of the Borrower, as such statements are .
furnished to the Trustee pursuant to the Agreement.
Section 8.12. Reaistrars. The City may appoint a
registrar. for the Bonds. Each Registrar shall be a bank, trust
company or national banking association which meets the
qualifications of Section 8.07 hereof, willing and able to accept
the office on reasonable and customary terms and authorized by
law to perform all the duties imposed upon it hereby. Each
Registrar shall signify its acceptance of the duties and
obligations imposed upon it hereby by executing and delivering to
the City and the Trustee a written acceptance thereof. Unless
otherwise provided by the City with the consent of the Borrower
and the Trustee, the Trustee shall be Registrar under this
Indenture.
Section 8.13. votina of Mortaaae Bonds Held bv the
Trustee. The Trustee, as a holder of Mortgage Bonds, shall
attend meetings of bondholders under the Borrower Indenture or
deliver its proxy in connection therewith. Either at such
meeting, or otherwise when the consent of the holders of the
Borrower's first mortgage bonds issued under the Borrower
Indenture i. sought without a meeting, the Trustee shall vote as
the holder of the Mortgage Bonds, or shall consent with respect
thereto, proportionately with what the Trustee reasonably
believes will be the vote or consent of the holders of all other
outstanding first mortgage bonds voting or consenting; provided,
however, that the Trustee shall not vote in favor of, or consent
to, any modification of the Borrower Indenture which is
correlative to a modification of the Indenture or the Agreement
which would require the approval of owners of Bonds without the
approval of the owners of Bonds which would be required for such
correlative modification of the Indenture or the Agreement.
CHUVSTA\INDENTUR.OO2
38
'-J~
.
section 8.14. Covenants of the Trustee. The Trustee
covenants and agrees that it will comply with all instructions of
the Borrower given in accordance with the Rebate Certificate and
will take any and all action as may be necessary in accordance
with such instructions.
ARTICLE IX
MODIFICATION OF INDENTURE, DOCUMENTS
Section 9.01. Modification without Consent of
Bondholders. The City and the Trustee, without the consent of
any Bondholders, from time to time and at any time, and subject
to the conditions and restrictions in this Indenture contained,
may enter into an indenture or indentures supplemental hereto,
which indenture or indentures thereafter shall form a part
hereof; and the Trustee, without the consent of any Bondholders,
from time to time and at any time, may consent to an amendment or
modification to the Agreement or to any other document,
instrument or agreement relating to the Project or the security
for the Bonds; in each case for anyone or more of the following
purposes:.
(a) to add to the covenants and agreements of the city
contained in this Indenture, or of the Borrower contained in
the Agreement or such other document, other covenants and
agreements thereafter to be observed, or to assign or pledge
additional security for the Bonds, or to surrender any right
or power reserved to or conferred upon the City herein or
the Borrower in the Agreement or such other document;
provided, that no such covenant, agreement, assignment,
pledge or surrender shall materially adversely affect the
interests of the holders of the Bonds;
(b) to make such provisions for the purpose of curing
any ambiguity, inconsistency or omission, or o~ 7uring,
correcting or supplementing any defective prov1s10n
contained in this Indenture or in the Agreement or such
other document, or in regard to matters or questions arising
under this Indenture, the Agreement or such other document,
as the City may deem necessary or desirable and not
inconsistent with this Indenture and which shall not
materially adversely affect the interests of the holders of
the Bonds;
(c) to modify, amend or supplement this Indenture or
any indenture supplemental hereto in such manner as to
permit the qualification hereof or thereof under the Trust
Indenture Act of 1939 or any similar federal statute
hereafter in effect, and, if they so determine, to add to
this Indenture or any indenture supplemental hereto such
other terms, conditions and provisions as may be permitted
CHUVSTA\INDENTUR.D02
39
'-8'~
by said Trust Indenture Act of 1939 or similar federal
statute, and which shall not adversely affect the interests
of the holders of the Bonds;
(d) to provide for any additional procedures,
covenants or agreements necessary to maintain the exclusion
of interest on the Bonds from gross income for federal
income tax purposes;
(e) to provide for a book-entry registration system
for the Bonds, or to modify or eliminate any such system;
(h) to change Exhibit A to the Agreement in accordance
with-the provisions thereof; or
(i) in connection with any other change which, in the
judgment of the Trustee, will not adversely affect the
security for the Bonds or the exclusion from gross income of
interest thereon for federal income tax purposes or
otherwise materially adversely affect the holders of the
Bonds.
Any supplemental indenture authorized by the provisions
of this Section may be executed by the City and the Trustee
without the consent of (or notice to) the holders of any of the
Bonds at the time outstanding, notwithstanding any of the
provisions of Section 9.02, but (i) the Trustee shall not be
obligated to enter into any such supplemental indenture which
affects the Trustee's own rights, duties or immunities under this
Indenture or otherwise; (ii) so long as no Event of Default shall
have occurred and be continuing, the Trustee shall not enter into
any such supplemental indenture which affects the rights or
obligations of the Borrower hereunder or under the Agreement
without first obtaining the written consent of the Borrower; and
(iii) the City shall not be obligated to enter into any such
supplemental indenture. The Trustee will give notice of the
provisions of any supplemental indenture authorized by the
provisions of this section to each Bondholder at its address as
it appears on the registration books of the Registrar. Any
supplemental indenture or amendment to the Agreement or other
document permitted pursuant to this Section 9.01 may be approved
by an Authorized City Representative and need not be approved by
resolution or other action of the city Council of the city.
CHUYSTA\I NDENTUR. 002
40
~u
.
Section 9.02. Modification with Consent of
Bondholders. with the consent of the holders of not less than
sixty percent (60%) in aggregate principal amount of the Bonds at
the time outstanding, evidenced as provided in Section 11.07,
(i) the city and the Trustee may from time to time and at any
time enter into an indenture or indentures supplemental hereto
for the purpose of adding any provisions to or changing in any
manner or eliminating any of the provisions of this Indenture or
of any supplemental indenture; or (ii) the Trustee may consent to
any of the matters for which its consent is required pursuant to
Section 6.04 hereof, including any amendment to or modification
of the Agreement or any other document relating to the project or
the security for the Bonds; orovided, however, that no such
amendment or modification will have the effect of extending the
time for payment or reducing any amount due and payable by the
Borrower pursuant to the Agreement without the consent of all the
holders of the Bonds; and that no such supplemental inden~ure
shall (1) extend the fixed maturity of any Bond or reduce the
rate of interest thereon or extend the time of payment of
interest, or reduce the amount of the principal thereof, or
reduce any premium payable on the redemption thereof, without the
consent of the holder of each Bond so affected, or (2) reduce the
aforesaid-percentage of holders of Bonds whose consent is
required for the execution of such supplemental indentures, or
permit the creation of any lien on the Revenues prior to or ona
parity with the lien of this Indenture, except as permitted
herein, or permit the creation of any preference of any
Bondholder over any other Bondholder or deprive the holders of
the Bonds of the lien created by this Indenture upon the Revenues
or the pledge of the Mortgage Bonds, without the consent of the
holders of all the Bonds then outstanding. Upon receipt by the
Trustee of a Certified Resolution authorizing the execution of
any such supplemental indenture or amendment, and upon the filing
with the Trustee of evidence of the consent of Bondholders, as
aforesaid, the Trustee shall join with the City in the execution
of such supplemental indenture or shall consent to such
amendment, unless (i) such supplemental indenture affects the
Trustee's own rights, duties or immunities under this Indenture
or otherwise, in which case the Trustee may in its discretion,
but shall not be obligated to, enter into such supplemental
indenture; or (ii) such supplemental indenture or such amendment
affects the rights or obligations of the Borrower hereunder or
under the Agreement, in which case the Trustee shall enter into
such supplemental indenture or shall consent to such amendment
only if the Trustee has received the Borrower's written consent
thereto.
It shall not be necessary for the consent of the
Bondholders under this section to approve the particular form of
any proposed supplemental indenture or amendment, but it shall be
sufficient if such consent shall approve the substance thereof.
CHUVSTA\INOENTUR.002
41
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promptly after the execution by the parties thereto of
any supplemental indenture or amendment to the Agreement or other
document as provided in this section, the Trustee shall mail a
notice, setting forth in general terms the substance of such
supplemental indenture or such amendment, to each Bondholder at
the address contained in the bond register maintained by the
Registrar. Any failure of the Trustee to give such notice, or
any defect therein, shall not, however, in any way impair or
affect the validity of any such supplemental indenture or such
amendment.
Section 9.03. Effect of Suoolemental Indenture or
Amendment. Upon the execution of any supplemental indenture or
any amendment to the Agreement pursuant to the provisions of this
Article IX, this Indenture or the Agreement, as the case may be,
shall be and be deemed to be modified and amended in accordance
therewith, and the respective rights, duties and obligatiqns
under this Indenture and the Agreement of the city, the Trustee,
the Borrower and all holders of outstanding Bonds shall
thereafter be determined, exercised and enforced hereunder and
under the Agreement subject in all respects to such modifications
and amendments, and all the terms and conditions of any such
supplemental indenture or amendment shall be part of the terms
and conditions of this Indenture or the Agreement, as the case
may be, for any and all purposes.
Section 9.04. Reauired and Permitted ooinions of
Counsel. SUbject to the provisions of Section 8.01, the Trustee
may receive an Opinion of Counsel as conclusive evidence that any
supplemental indenture or amendment executed pursuant to the
provisions of this Article IX complies with the requirements of
this Article IX. No supplemental indenture or amendment or
modification to the Agreement or any other document relating to
the project or the Bonds shall be effective until the city and
the Trustee shall have received an opinion of Bond Counsel to the
effect that such supplemental indenture or such amendment or
modification is permitted by the Law and will not adversely
affect the exclusion of interest on the Bonds from gross income
for federal income tax purposes.
Section 9.05. Notation of Modification on Bonds:
preoaration of New Bonds. Bonds authenticated and delivered
after the execution of any supplemental indenture pursuant to the
provisions of this Article IX may bear a notation, in form
approved by the Trustee, as to any matter provided for in such
supplemental indenture, and if such supplemental indenture shall
so provide, new Bonds, so modified as to conform, in the opinion
of the Trustee and the City, to any modification of this
Indenture contained in any such supplemental indenture, may be
prepared by the City, authenticated by the Trustee and delivered
without cost to the holders of the Bonds then outstanding, upon
surrender for cancellation of such Bonds in equal aggregate
principal amounts.
CHUVSTA\INDENTUR.OOZ
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ARTICLE X
DEFEASANCE
Section 10.01. Discharae of Indenture. If the entire
indebtedness on all Bonds outstanding shall be paid and
discharged in anyone or more of the following ways:
(a) by the payment of the principal of, and premium,
if any, and interest on all Bonds outstanding, as and when
the same become due and payable; or
(b) by the delivery to the Trustee, for cancellation
by it, of all Bonds outstanding;
and if all other sums payable hereunder by the City shall be paid
and discharged, then thereupon this Indenture shall cease,
terminate and become null and void, and thereupon the Trustee
shall, upon written Request of the City, and upon receipt by the
Trustee of a Certificate of the city and an Opinion of Counsel,
each stating that in the opinion of the signers all conditions
precedent.to the satisfaction and discharge of this Indenture
have been complied with, forthwith execute proper instruments
acknowledging satisfaction of and discharging this Indenture.
The satisfaction and discharge of this Indenture shall be without
prejudice to the rights of the Trustee to charge and be
reimbursed by the Borrower for any expenditures which it may
thereafter incur in connection herewith.
The City or the Borrower may at any time surrender to
the Trustee for cancellation by it any Bonds previously
authenticated and delivered which the City or the Borrower
lawfully may have acquired in any manner whatsoever, and such
Bonds, upon such surrender and cancellation, shall be deemed to
be paid and retired.
Section 10.02. Discharae of Liabilitv on Bonds. Upon
the deposit with the Trustee, in trust, at or before maturity, of
money or securities in the necessary amount (as provided in
Section 10.04) to payor redeem outstanding Bonds (whether upon
or prior to their maturity or the redemption date of such Bonds),
provided that, if such Bonds are to be redeemed prior to the
maturity thereof, notice of such redemption shall have been given
as in Article IV provided or provision satisfactory to the
Trustee shall have been made for giving such notice, the Trustee
shall surrender an equal principal amount of the Mortgage Bonds
to the Borrower, and all liability of the city and the Borrower
in respect of such Bonds shall cease, terminate and be completely
discharged, except that the City and Borrower shall remain liable
for such payment but only from, and the Bondholders shall
thereafter be entitled only to payment (without interest accrued
thereon after such redemption date or maturity date) out of, the
CHUVSTA\INDENTUR.002
43
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money deposited with the Trustee as aforesaid for their payment,
subject, however, to the provisions of Section 10.03.
section 10.03. pavment of Bonds after Discharae of
Indenture. Notwithstanding any provisions of this Indenture, and
subject to applicable laws of the State of California, any
moneys deposited with the Trustee or any paying agent, in trust
for the payment of the principal of, or interest or premium on,
any Bonds remaining unclaimed for two years after the principal
of all the outstanding Bonds has become due and payable (whether
at maturity or upon call for redemption or by declaration as
provided in this Indenture), shall then be repaid to the Borrower
upon its Written Request, and the holders of such Bonds shall
thereafter be entitled to look only to the Borrower for payment
thereof, and all liability of the Trustee or any paying agent
with respect to such moneys shall thereupon cease; tlrovided,
however, that before the repayment of such moneys to the Borrower
as aforesaid, the Trustee or paying agent, as the case may be,
may (at the cost of the Borrower) first publish at least once in
a Qualified Newspaper a notice, in such form as may be deemed
appropriate by the Trustee or such paying agent, in respect of
the Bonds so payable and not presented and in respect of the
provisions relating to the repayment to the Borrower of the
moneys held for the payment thereof. In the event of the
repayment of any such moneys to the Borrower as aforesaid, the
holders of the Bonds in respect of which such moneys were
deposited shall thereafter be deemed to be unsecured creditors of
the .Borrower for amounts equivalent to the respective amounts
deposited for the payment of such Bonds and so repaid to the
Borrower (without interest thereon).
Section 10.04. Detlosit of Monev or securities with
Trustee. Whenever in this Indenture it is provided or permitted
that there be deposited with or held in trust by the Trustee
money or securities in the necessary amount to payor redeem any
Bonds, the money or securities so to be deposited or held may
include money or securities held by the Trustee in the funds and
accounts established pursuant to this Indenture (exclusive of the
Construction Fund) and shall be:
(a) lawful money of the United States of America in an
amount equal to the principal amount of such Bonds and all
unpaid interest thereon to maturity, except that, in the
case of Bonds which are to be redeemed prior to maturity and
in respect of which notice of such redemption shall have
been given as in Article IV provided or provision
satisfactory to the Trustee shall have been made for the
giving of such notice, the amount to be deposited or held
shall be the principal amount or redemption price of such
Bonds and all unpaid interest thereon to the redemption
date; or
CHUVSTA\INOENTUR.002
44
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(b) noncallable Government Obligations the principal
of and the interest on which when due will provide money
sufficient to pay the principal or redemption price of and
all unpaid interest to maturity, or to the redemption date,
as the case may be, on the Bonds to be paid or redeemed, as
such principal or redemption price and interest become due,
provided that, in the case of Bonds which are to be redeemed
prior to the maturity thereof, notice of such redemption
shall have been given as in Article IV provided or provision
satisfactory to the Trustee shall have been made for the
giving of such notice;
provided, in each case, that the Trustee shall have been
irrevocably instructed (by the terms of this Indenture or by
written Request of the City) to apply such money to the payment
of such principal or redemption price and interest with respect
to such Bonds.
ARTICLE XI
MISCELLANEOUS
Section 11.01. Successors of citv. All the covenants,
stipulations, promises and agreements in this Indenture
contained, by or on behalf of the City, shall bind and inure to
the benefit of its successors and assigns, whether so expressed
or not. If any of the powers or duties of the City shall
hereafter be transferred by any law of the State of California,
and if such transfer shall relate to any matter or thing
permitted or required to be done under this Indenture by the
City, then the body or official of the State of California who
shall succeed to such powers or duties shall act and be obligated
in the place and stead of the City as in this Indenture provided.
Section 11.02. Limitation of Riahts to Parties and
Bondholders. Nothing in this Indenture or in the Bonds expressed
or implied is intended or shall be construed to give to any
person other than the city, the Trustee, the Borrower and the
holders of the Bonds issued hereunder any legal or equitable
right, remedy or claim under or in respect of this Indenture or
any covenant, condition or provision therein or herein contained;
and all such covenants, conditions and provisions are and shall
be held to be for the sole and exclusive benefit of the City, the
Trustee, the Borrower and the holders of the Bonds issued
hereunder.
Section 11.03. waiver of Notice. Whenever in this
Indenture the giving of notice by mail or otherwise is required,
the giving of such notice may be waived in writing by the person
entitled to receive such notice and in any such case the giving
or receipt of such notice shall not be a condition precedent to
the validity of any action taken in reliance upon such waiver.
CHUVSTA\INDENTUR.DD2
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Section 11.04. Seoarabilitv of Invalid Provisions.
In case anyone or more of the provisions contained in this
Indenture or in the Bonds shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any
other provision of this Indenture, but this Indenture shall be
construed as if such invalid or illegal or unenforceable
provision had never been contained herein.
Section 11.05. Notices. It shall be sufficient
service of any notice, request, complaint, demand or other paper
on the City, the Trustee or the Borrower if the same shall be
duly mailed by registered or certified mail, postage prepaid,
addressed as follows:
To the City:
City of Chula vista
276 Fourth Avenue
Chula vista, California 91910
Attention: City Attorney and
Director of Finance
To the Trustee:
[Trustee]
To the Borrower:
San Diego Gas & Electric Company
101 Ash Street
P.O. Box 1831
San Diego, CA 92112
Attention: Treasurer
The City, the Trustee and the Borrower may, by notice given
hereunder, designate any further or different addresses to which
subsequent notices, certificates or other communications shall be
sent. A duplicate copy of each notice, certificate or other
communication given hereunder by the City or the Trustee to the
other shall also be given to the Borrower.
Section 11.06. Evidence of Riahts of Bondholders.
(a) Any request, consent or other instrument required by this
Indenture to be signed and executed by Bondholders may be in any
number of concurrent writings of substantially similar tenor and
may be signed or executed by such Bondholders in person or by
agent or agents duly appointed in writing. Proof of the
execution of any such request, consent or other instrument or of
a writing appointing any such agent, shall be sufficient for any
purpose of this Indenture and shall be conclusive in favor of the
Trustee and of the City if made in the manner provided in this
section.
(b) The fact and date of the execution by any person
of any such request, consent or other instrument or writing may
be proved by the affidavit of a witness of such execution or by
CHUVSTA\INDENTUR.002
46
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the certificate of any notary public or other officer of any
jurisdiction, authorized by the laws thereof to take
acknowledgments of deeds, certifying that the person signing such
request, consent or other instrument or writing acknowledged to
him the execution thereof.
(c) The ownership of registered Bonds shall be proved
by the Bond register maintained by the Registrar pursuant to
Section 2.04 hereof. The fact and the date of execution of any
request, consent or other instrument may also be proved in any
other manner which the Trustee may deem sufficient. The Trustee
may nevertheless, in its discretion, require further proof in
cases where it may deem further proof desirable.
Any request, consent or vote of the holder of any Bond
shall bind every future holder of the same Bond and the holder of
any Bond issued in exchange therefor or in lieu thereof, .in
respect of anything done or suffered to be done by the Trustee or
the city in pursuance of such request, consent or vote.
(d) In determining whether the holders of the
requisite aggregate principal amount of Bonds have concurred in
any demand, request, direction, consent or waiver under this
Indenture, Bonds which are owned by the City, by the Borrower or
by any other direct or indirect obligor on the Bonds, or by any
person directly or indirectly controlling or controlled by, or
under direct or indirect common control with, the City, the
Borrower, or any other direct or indirect obligor on the Bonds,
shall be disregarded and deemed not to be outstanding for the
purpose of any such determination, provided that, for the purpose
of determining whether the Trustee shall be protected in relying
on any such demand, request, direction, consent or waiver, only
Bonds which the Trustee knows to be so owned shall be
disregarded. Bonds so owned which have been pledged in good
faith may be regarded as outstanding for the purposes of this
subsection (d) if the pledgee shall establish to the satisfaction
of the Trustee the pledgee's right to vote such Bonds and that
the pledgee is not a person directly or indirectly controlling or
controlled by, or under direct or indirect common control with,
the city, the Borrower or any other direct or indirect obligor on
the Bonds. In case of a dispute as to such right, any decision
by the Trustee taken upon the advice of counsel shall be full
protection to the Trustee. Notwithstanding the foregoing, if the
Borrower owns 100% of the Bonds outstanding, the Borrower shall
be the holder of the Bonds for determining such requisite
principal amount, provided the Borrower provides to the Trustee
an Opinion of Bond Counsel to the effect that such actions are
not prohibited by the Law and will not cause interest on the
Bonds to become includable in gross income for federal income tax
purposes.
(e) In lieu of obtaining any demand, request,
direction, consent or waiver in writing, the Trustee may call and
CHUVSTA\INDENTUR.002
47
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hold a meeting of the Bondholders upon such notice and in
accordance with such rules and regulations, including the right
of the Bondholders to be represented and vote by proxy, as the
Trustee considers fair and reasonable for the purpose of
obtaining any such action.
section 11.07. Waiver of Personal Liabilitv. No City
Council member, officer, agent or employee of the City, and no
officer, official, agent or employee of the state of California
or any department, board or agency of the foregoing shall be
individually or personally liable for the payment of the
principal of or premium or interest on the Bonds or be subject to
any personal liability or accountability by reason of the
issuance thereof; but nothing herein contained shall relieve any
such member, officer, agent or employee from the performance of
any official duty provided.by law or by this Indenture.
Section 11.08. publication of Notices. Any
publication of notice to be made under the provisions of this
Indenture may be made in each instance upon any business day of
the week, and, except as provided in Section 10.03, no such
publication shall be required if such notice is given by first
class mail to the holders of all Bonds then outstanding.
section 11.09. prevailina Law. This Indenture shall
be governed by the laws of the State of California.
section 11.10. Execution in Several CounterDarts.
This Indenture may be executed in any number of counterparts and
each of such counterparts shall for all purposes be deemed to be
an original; and all such counterparts, or as many of them as the
City and the Trustee shall preserve undestroyed, shall together
constitute but one and the same instrument.
CHUVSTA\INDENTUR.OO2
48
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IN WITNESS WHEREOF, the City has caused this Indenture
to be signed in its name and its seal to be hereunto affixed and
attested by its duly authorized officers, respectively, and the
Trustee, in token of its acceptance of the trust created
hereunder, has caused this Indenture to be signed in its name and
its seal to be hereunto affixed and attested by its duly
authorized officers, respectively, all as of the day and year
first above written.
CITY OF CHULA VISTA
By
Mayor
[SEAL]
Attest:
City Clerk
APPROVED AS TO FORM:
City Attorney
[TRUSTEE], as trustee
By
Title:
By
Title:
[SEAL]
Attest:
Title:
CHUVSTA\INOENTUR.002
49
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EXHIBIT A
[FORM OF BOND]
[FACE OF BOND]
$
No. A
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
CITY OF CHULA VISTA
INDUSTRIAL DEVELOPMENT REVENUE BOND
(SAN DIEGO GAS & ELECTRIC COMPANY)
1992 SERIES A
NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER
OF THE CITY OF CHULA VISTA IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, OR
INTEREST ON THIS BOND.
BOND DATE.
INTEREST RATE
MATURITY DATE
CUSIP
1, 199_
1,
REGISTERED HOLDER:
PRINCIPAL AMOUNT:
The CITY OF CHULA VISTA, a municipal corporation and
charter city duly organized and existing under the laws and
Constitution of the State of California (the "City"), for value
received, hereby promises to pay (but only out of Revenues as
hereinafter provided) to the registered holder identified above
or registered assigns, on the maturity date set forth above, the
principal amount set forth above and to pay (but only out of the
sources hereinafter provided) interest on the balance of said
principal amount from time to time remaining unpaid from and
including the date hereof until payment of said principal amount
has been made or duly provided for, at the rate of interest set
forth above, on 1 and 1 of each year,
commencing 1, 199_ (each an "Interest Payment Date"),
and to pay (but only out of the sources hereinafter provided)
interest on overdue principal and, to the extent permitted by
law, on overdue interest at the rate set forth in the Indenture
(as hereinafter defined), except as the provisions hereinafter
set forth with respect to redemption prior to maturity may become
applicable hereto, the principal of and premium, if any, on this
Bond (as hereinafter defined) being payable in lawful money of
the United States of America at the principal office of
(Trustee], as trustee, or its successor in trust (the "Trustee"),
in , California; provided, however, that payment of
CHUVSTA\INDENTUR.002
A-1
6"-1-
interest on any Interest Payment Date shall be made to the
registered owner hereof as of the close of business on the
fifteenth day of the calendar month preceding any Interest
Payment Date (the "Record Date") and shall be paid by check or
draft mailed to such registered owner at its address as it
appears on the registration books maintained by [Trustee], as
registrar, or its successor (the "Registrar"), or at such other
address as is furnished in writing by such registered owner to
the Registrar not later than the Record Date.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE BACK HEREOF AND SUCH FURTHER
PROVISIONS ARE HEREBY INCORPORATED BY REFERENCE AS IF FULLY SET
FORTH HERE.
It is hereby certified that all of the conditions,
things and acts required to exist, to have happened and to have
been performed precedent to and in the issuance of this Bond do
exist, have happened and have been performed in due time, form
and manner as required by the Law (as hereinafter defined) and by
the Constitution and statutes of the State of California and that
the amount of this Bond, together with all other indebtedness of
the City, does not exceed any limit prescribed by the
Constitution or statutes of the State of California.
This Bond shall not be entitled to any benefit under
the Indenture, or become valid or obligatory for any purpose,
until the certificate of authentication hereon endorsed shall
have been signed by the Registrar.
this Bond
facsimile
signature
all as of
IN WITNESS WHEREOF, the City of Chula Vista has caused
to be executed in its name and on its behalf by the
signature of its Mayor and attested by the facsimile
of its City Clerk and its seal to be reproduced hereon,
1, 1992.
CITY OF CHULA VISTA
By
[SEAL]
Mayor
ATTEST:
City Clerk
CHUVSTA\INDENTUR.OO2
A-2
J~'J-
c,
[Form of]
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the
within-mentioned Indenture of Trust.
Date of Authentication:
[TRUSTEE] ,
as Registrar
By
Authorized Signatory
CHUVSTA\INDENTUR.DD2
A-3 !--.1 JI
I}~
.
[BACK OF BOND]
This Bond is one of a duly authorized issue of bonds of
the City designated as the "City of Chula Vista Industrial
Development Revenue Bonds (San Diego Gas & Electric Company) 1992
Series A" (the "Bonds"), limited in aggregate principal amount as
provided in, and issued under and secured by, an Indenture of
Trust (herein called the "Indenture"), dated as of 1,
1992, between the City and the Trustee. Reference is hereby made
to the Indenture and all indentures supplemental thereto for a
description of the rights thereunder of the registered owners of
the Bonds, of the nature and extent of the security, of the
rights, duties and immunities of the Trustee and of the rights
and obligations of the city thereunder, to all of the provisions
of which Indenture the holder of this Bond, by acceptance hereof,
assents and agrees.
The Bonds are authorized to be issued pursuant to the
provisions of Chapter 3.48 of the Chula vista Municipal Code, as
amended and supplemented to the date hereof (the "Law"). The
Bonds are limited obligations of the City and, as and to the
extent set forth in the Indenture, are payable solely from, and
secured by a pledge of and lien on, the Revenues (as that term is
defined in the Indenture). Proceeds from the sale of the Bonds
are to be loaned by the City to San Diego Gas & Electric Company
(the "Borrower") under the terms of a Loan Agreement, dated as of
1, 1992 (the "Agreement"). The Bonds are all issued
under and equally and ratably secured by and entitled to the
benefits of the Indenture, including the security of a pledge and
assignment of certain revenues and receipts derived by the city
pursuant to the Agreement and pursuant to the Mortgage Bonds (as
defined in the Indenture), and all receipts of the Trustee
credited under the provisions of the Indenture against such
payments and from any other moneys held by the Trustee under the
Indenture for such purpose, and there shall be no other recourse
against the city or any property now or hereafter owned by it.
The Indenture contains provisions permitting the city
and the Trustee, with the consent of the holders of not less than
60% in aggregate principal amount of the Bonds at the time
outstanding, evidenced as in the Indenture provided, to execute
supplemental indentures adding any provisions to, or changing in
any manner, or eliminating any of the provisions of, the
Indenture; provided, however, that no such supplemental indenture
shall (1) extend the fixed maturity of this Bond or reduce the
rate of interest hereon or extend the time of payment of
interest, or reduce the amount of the principal hereof, or
reduce any premium payable on the redemption hereof, without the
consent of the holder hereof, or (2) reduce the aforesaid
percentage of holders of Bonds whose consent is required for the
execution of such supplemental indentures, or permit the creation
of any lien on the Revenues prior to or on a parity with the lien
of the Indenture, or permit the creation of any preference of any
CHUVSTA\INDENTUR.OO2
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!/
,
Bondholder over any other Bondholder or deprive the holders of
the Bonds of the lien created by the Indenture upon the Revenues,
without the consent of the holders of all Bonds then outstanding.
The Bonds are issuable as fully registered bonds
without coupons in denominations of $5,000, or any integral
multiple thereof (herein referred to as "Authorized
Denominations"). Subject to the limitations and upon payment of
the charges, if any, provided in the Indenture, Bonds may be
exchanged at the principal office of the Registrar for a like
aggregate principal amount of Bonds of the same maturity in
Authorized Denominations.
This Bond is transferable by the registered holder
hereof, in person, or by its attorney duly authorized in writing,
at the principal office of the Registrar, but only in the manner,
subject to the limitations and upon payment of the charges
provided in the Indenture, and upon surrender and cancellation of
this Bond. upon such transfer a new fully registered Bond or
Bonds in Authorized Denominations, for the same aggregate
principal amount, will be issued to the transferee in exchange
herefor. The city, the Trustee and the Registrar may treat the
registered holder hereof as the absolute owner hereof for all
purposes, and the City, the Trustee and the Registrar shall not
be affected by any notice to the contrary.
The Bonds shall be redeemed in whole or in part at any
time at a redemption price equal to the principal amount thereof
plus accrued interest to the redemption date upon receipt by the
Trustee of a written notice from the Borrower stating that any of
certain extraordinary events has occurred, as set forth in the
Indenture, and that it therefore intends to exercise its option
to prepay the payments due under the Agreement in whole or in
part pursuant to the Agreement and thereby effect the redemption
of Bonds.
The Bonds are subject to redemption at the option of
the Borrower, in whole or in part, by lot, on any Interest
Payment Date, upon receipt by the Trustee of a written
certificate of the Borrower to the effect that the Borrower has
made certain determinations, as set forth in the Indenture,
regarding the potential or actual loss of its right to deduct
for federal income tax purposes some or all of the interest
payable under the Agreement as a result of a change in the use of
the facilities financed with the proceeds of the Bonds, at the
following redemption prices (expressed as percentages of the
principal amount of Bonds to be redeemed), together in each case,
with interest accrued thereon to the date fixed for redemption:
CHUVSTA\INDENTUR.OO2
A-5
?-~ ,.,~
.
Redemction Dates (Inclusive)
Redemction Price
, 1993 through
, 1994 through
, 1995 through
, 1996 through
1997 and thereafter
, 199
199-
, 199=
, 199_
102 %
101.5
101
100.5
100
The Bonds are subject to redemption at the option of
the Borrower, in whole or in part, by lot, prior to their
maturity dates, on any date on or after 1, ____, at
the following redemption prices (expressed as percentages of the
principal amount of Bonds to be redeemed), together in each case,
with interest accrued thereon to the date fixed for redemption:
Redemction Dates (Inclusive)
Redemction Price
,
,
through
through
through
through
and thereafter
%
,
,
,
The Bonds are subject to mandatory redemption prior to
maturity in whole, or in part, as provided in the Indenture at
any time prior to their maturity at a redemption price equal to
the principal amount thereof plus accrued interest thereon to the
redemption date upon the occurrence of certain events as set
forth in the Indenture, including certain events causing
redemption of the Mortgage Bonds, certain events causing the
interest on the Bonds to be includable in gross income for
federal income tax purposes and the existence of certain facts
which, but for such mandatory redemption, would cause interest on
the Bonds to be includable in gross income for federal income tax
purposes.
If less than all of the Bonds are to be redeemed, the
particular Bonds to be redeemed shall be selected as provided in
the Indenture.
Notice of any optional or mandatory redemption shall be
given by first-class mail not less than 30 days nor more than 60
days prior to the date fixed for redemption to the holders of
Bonds appearing on the registration books of the Registrar.
Neither the members of the city council nor any person
executing this Bond shall be liable personally on this Bond or be
subject to any personal liability or accountability by reason of
the issuance thereof. No recourse shall be had for the payment
of the principal of, premium, if any, or interest on any of the
Bonds or for any claim based thereon or upon any obligation,
covenant or agreement in the Indenture contained, against any
past, present or future City council member, director, officer,
CHUVSTA\INDENTUR.OOZ
A-6
~"
employee or agent of the city, or through the City, or any
successor to the City, under any rule of law or equity, statute
or constitution or by the enforcement of any assessment or
penalty or otherwise, and all such liability of any such member,
director, officer, employee or agent as such is hereby expressly
waived and released as a condition of and in consideration for
the execution of the Indenture and the issuance of any of the
Bonds.
The holder of this Bond shall have no right to enforce
the provisions of the Indenture or to institute action to enforce
the covenants therein, or to take any action with respect to any
Event of Default (as defined in the Indenture), or to institute,
appear in or defend any suit or other proceedings with respect
thereto, except as provided in the Indenture. If an Event of
Default occurs and is continuing, the principal of all Bonds then
outstanding issued under the Indenture may be declared due and
payable upon the conditions and in the manner and with the effect
provided in the Indenture.
The City, the Registrar, the Trustee and any agent of
the city, the Registrar or the Trustee may treat the person in
whose name this Bond is registered as the owner hereof for the
purpose of receiving payment as herein provided and for all other
purposes, whether or not this Bond be overdue, and neither the
City, the Registrar, the Trustee, any paying agent nor any such
agent shall be affected by notice to the contrary.
The Indenture prescribes the manner in which it may be
discharged and after which the Bonds shall no longer be secured
by or entitled to the benefits of the Indenture, except for the
purposes of registration and exchange of Bonds and of payment of
the principal of and redemption premium, if any, and interest on
the Bonds as the same become due and payable, including a
provision that under certain circumstances the Bonds shall be
deemed to be paid if Governmental Obligations, as defined
therein, maturing as to principal and interest in such amounts
and at such times as to insure the availability of sufficient
moneys to pay the principal of, premium, if any, and interest on
the Bonds and all necessary and proper fees, compensation and
expenses of the Trustee shall have been deposited with the
Trustee.
CHUVSTA\INDENTUR.OO2
A-7
~~H
[ABBREVIATIONS]
The following abbreviations, when used in the
inscription on the face of the within bond and in the assignment
below, shall be construed as though they were written out in full
according to applicable laws or regulations.
TEN COM-- as tenants
in common
TEN ENT-- as tenants
by the entireties
JT TEN-- as joint tenants
with right of survivorship
and not as tenants in common
Additional abbreviations may also be used
though not in the above list.
UNIF GIFT/TRAN MIN ACT--
custodian
(cust)
Under Uniform
Minors Act
(Minor)
Gifts/Transfer to
(State)
CHUVSTA\INDENTUR.OO2
A-a
&,~~
. r
[FORM OF ASSIGNMENT]
FOR VALUE RECEIVED the undersigned hereby sells,
assigns and transfers unto
(Please Print or Typewrite Name
and Address of Assignee)
(Insert Social Security or other Identifying Number of Assignee)
the within Bond and hereby irrevocably
constitutes and appoints attorney
to register the transfer of said Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
signature:
SIGNATURE GUARANTEED:
NOTICE:
Signature{s) must be guaranteed
by a member firm of the New York
Stock Exchange or a commercial
bank or trust company.
CHUVSTA\INDENTUR.OO2
A-9
,~~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item I
Meeting Date 5/19/92
Resol ut ion '\",",,,,\,0 Approvi ng an amendment to the Bienni al
Element of the 1992-99 Regional Transportation Improvement
Program (RTIP) and authorizing its submittal to the San Diego
Association of Governments (SANDAG)
Director of Public Work~
City Manager~ (4/5ths Vote: Yes___No-X-)
On August 6, 1991, the Chula Vista City Council held a public hearing on the
1992 Transnet Transportation Program Expenditure Plan and approved the
resol ut i on adopting the 1992 Seven Year Regi onal Transportation Improvement
Program (RTIP). On November 22, 1991, the SANDAG Board of Directors adopted
the 1992-99 Regional Transportation Improvement Program including the Transnet
Program of Projects. The 1992-99 RTIP, which covers fiscal years 1993 through
1999, becomes effective July 1, 1992.
SUBMITTED BY:
REVIEWED BY:
At the June 26, 1992 board meeting, SANDAG will consider amendments to the
Biennial Element of the RTIP fiscal years 1993 and 1994. The next major
opportunity to amend the 1992-99 RTIP will be in June of 1993. The amendment
to the RTIP may include new projects, project deletions, or changes in
existing project scope, funding or phasing.
RECOMMENDATION: That Council approve the resolution as stated above.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The 1992-99 San Diego Regional Transportation Improvement Program (RTIP) is a
7-year program of proposed major highway, arterial, transit, bikeway and
aviation projects. The annual development and approval of the RTIP by the San
Diego Association of Governments (SANDAG) is a requirement for the continued
receipt of State and Federal transportation project funding. The "Proposition
"A" Transnet Transportation Improvement Program Ordinance and Expenditure
Plan" requires that all proposed projects funded with Transnet funds be
included in the Regional Transportation Improvement Program (RTIP). The
Proposition "A" Ordinance and Expenditure Plan states that the revenues
generated by the sales tax measure will be used solely for transportation
improvement projects in accordance with the following priorities.
1. To repair and rehabilitate existing roadways.
2. To reduce congestion and improve safety.
3. To provide for the construction of needed facilities.
Chul a Vi sta' s Regional Transportation Improvement Program (RTIP) was adopted
by the City Council on August 6, 1991. The adopted RTIp is consistent with
the City's C.I.P. program and includes 8 projects utilizing Transnet funds and
Federal Aid Urban (FAU) funds. Since adoption of the RTIP, the FAU program
has been abolished and replaced with the Surface Transportation Program
i-I
Page 2, Item ")
Meeting Date 5/19/92
(STP). The following projects and their corresponding estimated costs are
programmed in the current RTIP:
PROGRAMMED FOR
STREET SECTION COST ESTIMATE FISCAL YEAR
Desion ~
I. Broadway between "I" and "L" Streets $ 3,501,600 93 94
2. Broadway between Naples and the southerly
City limits 1,760,700 94 95
3. Main Street between Industrial and Hermosa 4,200,000 95 96
4. Main Street between Hermosa and Hilltop 5,900,000 96 97
5. Main Street between Hilltop and 1-805 4,200,000 97 98
6. "L" Street between Mission and Nacion Avenues 350,000 99 99
7. Palomar Street between Industrial Blvd. and
Broadway 854,000 99 99
8. Naples Street between Industrial Blvd. and
Broadway 575.000 99 99
TOTAL $21,341,300
Adoption of this resolution will approve the following amendments to the
1992-99 RTIP:
1. Delete Project No. 8 Naples Street between Industrial Blvd. and
Broadway. This project was replaced with the "E" Street reconstruction
project as described below. The need to improve "E" Street has proven to
be a higher priority.
2. Add a project for the widening and reconstruction of "E" Street between
1-5 and Broadway. The total cost is $473,000. This project will provide
an exclusive right turn lane for westbound "E" Street to northbound 1-5
traffic which will provide a more efficient traffic flow and improved
level of service on this high volume arterial street.
3. Revise the 1 imits of the Palomar Street project from between Industrial
Blvd. and Broadway to between 1-5 and Industrial Blvd. This will not
affect the original cost estimate of $854,000. The most critical section
of this street is the section between 1-5 and Industrial Boulevard.
4. Add a Computer Aided Design and Drafting (CADD) workstation with GIS
interface to the program. This workstation is needed to be able to
complete design of Transnet projects in a cost effective manner. The
total cost is $39,000.
5. Increase the cost estimate for Project No. 6 from $350,000 to $452,000.
i..).
Page 3, Item J
Meeting Date 5/19/92
The following is the amended 1 ist of projects along with their corresponding
estimated costs:
STREET SECTION
COST PROGRAMMED FOR
ESTIMATE FISCAL,YEAR
Desian ~
l.
2.
3.
4.
5.
6.
,7.
8.
9.
Computer-Aided Design and Drafting Workstation
Broadway, between "I" and "L" Streets
"L" Street between Mission and Nacion Avenues
Broadway between Naples and southerly City limits
Main Street between Industrial and Hermosa
Main Street between Hermosa and Hilltop
Palomar Street between 1-5 and Industrial
"E" Street between 1-5 and Broadway
Main Street between Hilltop and I-80S
$ 39,000
3,501,600
452,000
1,760,700
4,200,000
5,900,000
854,000
473,000
4.200.000
$21,380,300
93
93
94
94
95
96
97
97
97
Tota 1
The new amended list is shown as Exhibit "A".
Transnet's sales tax revenues totalling approximately $3,540,600 are estimated
to be allocated to the City of Chula Vista during fiscal years 1993 and 1994.
In addi t ion, Surface Transportat ion Program (STP) revenues totall i ng
approximately $452,000 are estimated to be allocated to the City during fiscal
years 1993 and 1994.
FISCAL IMPACT: A net increase in Transnet allocations to the City tot all ing
$39,000 during fiscal years 1993 and 1994.
SMN:File No. KY-174
WPC 5993E
'1<~
N/A
94
94
95
96
97
97
97
98
RESOLUTION NO. 'kfo'l.(P
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
BIENNIAL ELEMENT OF THE 1992-99 REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND
AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS (SANDAG)
WHEREAS, on August 6, 1991, the Chula Vista City Council
held a public hearing on the 1992 Transnet Transportation Program
Expenditure Plan and approved the resolution adopting the 1992
Seven Year Regional Transportation Improvement Program (RTIP); and
WHEREAS, on November 22, 1991, the SANDAG Board of
Directors adopted the 1992-99 Regional Transportation Improvement
Program including the Transnet Program of Projects which covers
fiscal years 1993 through 1999, and becomes effective July 1, 1992;
and
WHEREAS, at the June 26, 1992 board meeting, SANDAG will
consider amendments to the Biennial Element of the RTIP fiscal
years 1993 and 1994; and
WHEREAS, the next major opportunity to amend the 1992-99
RTIP will be in June of 1993; and
WHEREAS, the amendment to the RTIP may include new
projects, project deletions, or changes in existing project scope,
funding or phasing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve an Amendment to the
Biennial Element of the 1992-99 Regional Transportation Improvement
Program in the form of Exhibit A, a copy of which is attached
hereto, and incorporated herein, and authorizes its submittal to
the San Diego Association of Governments.
Presented by
Approved as
,Lik
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\RTIP
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Attachment #2
" .
-- INTERIM --
1992 (FY 93-99) REGIONAL TIP - BIENNIAL ELEMENT
REVISED FY93 & FY94 TRANSNET lOCAL STREET AND ROAD REVENUE FORECASTS
(Thousands of Future Dollars)
'. 1/1/91 1/1/91 '.'
Total Maintained
Jurisdiction Population Mileage FY1993 FY1994
Carlsbad 64,300 219.2 $996 $1,031
Chula Vista 138,700 281.5 $1,772 $1,835
Coronado 26,600 42.9 $362 $373
Del Mar 4,880 22.5 $132 . $135
EI Cajon 89,300 184.4 $1,164 $1,205
Encinitas 56,000 156.4 $817 $845
Escondido 110,800 277.9 $1,514 $1,568
Imperial Beach 26,650 42.6 $362 $373
La Mesa 53,300 148.5 $779 $806
Lemon Grove 24,300 64.8 $378 $389
National City 55,700 100.3 $720 $745
Oceanside 133,700 325.5 $1,800 $1,864
Poway 44,450 134.8 $676 $699
San Diego 1,130,000 2,605.9 $14,601 $15,132
San Marcos 40,250 115.5 $606 $626
Santee 53,200 107.1 $709 $733
Solana Beach 13,000 43.2 $239 $246
Vista 74,200 169.5 $1,003 $1,038
County 409,300 1,854.7 $6,840 $7,088
Regional Total: 2,548,630 6,897.2 $35,470 $36,730
REVENUE ESTIMATES FOR PLANNING PURPOSES ONLY 111
1. Interim forecasts only _ subject to change based on Series 8 regional growth forecasts and related updates to the SANDAG
Demographic and Economic Forecasting Model (DEFM).
2. Table based on Proposition A: San Diego Transportation Improvement Program ~ Ordinance and Expenditure Plan.
3. Local street and road revenues apportioned by the following formula:
a. Each agency receives $50,000 annual base funding.
b. Remaining revenues are distributed on a formula based 213 on total population and 1/3 on maintained street and road
mileage.
4. Revenue distribution will be updated annually based on new revenue estimates and then current population and maintained
street and road mileage.
5. Local agency population is Oept. of Finance (OOF) estimates - 1/1/91.
6.111/91 maintained mileage as submitted by each jurisdiction.
7. Table reflects revenue estimates for planning purposes only! Actual fund allocations will be based on actual sales tax montly
receipts from the Board of Equalization.
8. Period July 1, 1992 thru June 30, 1993 is FY 1992-93 or FY 1993 or FY 93.
ROADREV2.XLS
3/30/92
l"~
COUNCIL AGENDA STATEMENT
Item g
Meeting Date 05/19/92
ITEM 1TILE: Resolution } lel-~ 1 Appropriating Additional Funds for the Jogging Trail
Bridge Replacement Project
SUBMITTED BY: Director of Parks and Recreatio~
REVIEWED BY: City Manage& (4/5ths Vote: Yes X No_>
At the City Council meeting of February 11, 1992 (Council report attached), the Council approved
the appropriation of $30,000 from the Golf Course Revenue Fund for two pedestrian bridges along
the golf course jogging trail and also declared an emergency situation waiving the public bidding
process. The spring and fall rains of 1991 had caused considerable damage to the pedestrian bridges
along the golf course jogging trail in the vicinity of the Acacia Street and the Bonita Glen drainage
structures. $30,000 was appropriated to purchase two new pre-fabricated bridges. The Department
had obtained estimates for the replacement of the two bridges. This report relates the outcome of
the informal bidding process and a request for additional funds required by that process.
RECOMMENDATION: That the City Council appropriate $6,000 from Fund 215, Golf Course
Revenue Fund, to CIF PR-167-215-2150, to complete the project.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: During the informal bidding process to purchase the two pre-fabricated bridges,
specifications were prepared and sent to five (5) structural steel fabricators to construct the bridges
and install them. Only one (1) company submitted an informal bid. The bid by Bannister Steel was
for $94,000. The Department rejected the informal bid and subsequently contacted a pre-fab bridge
company. The City issued a purchase order for both bridges at a cost of $15,586. The fabrication
and delivery of these bridges will take six - eight weeks.
Meanwhile, the Department contacted Superior Crane and Rigging to get a cost estimate for the
construction of abutments and the placement of the bridges. Superior Crane was the contractor who
installed the five bridges for the golf course channel. Superior has submitted a quote for $17,410;
thereby exceed the $30,000 appropriated by $2,996. In addition to the funds required for the crane
work, costs must be incurred for the purchase of riprap and the build-up of the ramp with soil and
decomposed granite. The additional materials will cost $3,000. Therefore, the Department requires
an appropriation of $6,000 to complete the bridge project.
FISCAL IMPAcr: $6,000 from Golf Course Revenue Funds will be required. The Finance
Department states the funds are available. The total cost of this project will now be $36,000.
Attachment
Council report of February 11, 1992
{bridge)
1
~-,
RESOLUTION NO. JI.~11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING ADDITIONAL FUNDS FOR
THE JOGGING TRAIL BRIDGE REPLACEMENT PROJECT
WHEREAS, at the city Council meeting of February 11,
1992, Council approved the appropriation of $30,000 from the Golf
Course Revenue Fund for two pedestrian bridges along the golf
course jogging trail and also declared an emergency situation
waiving the public bidding process; and
WHEREAS, the spring and fall rains of 1991 had caused
consideration damage to the pedestrian bridges along the golf
course jogging trail in the vicinity of the Acacia Street and the
Bonita Glen drainage structures; and
WHEREAS, $30,000 was appropriated to purchase two new
pre-fabricated bridges; and
WHEREAS, Parks and Recreation has obtained estimates for
the replacement of the two bridges and it is necessary to
appropriate additional funds in the amount of $6,000.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby appropriate $6,000 from Fund
215 Golf Course Revenue Fund to CIP 167-215-2150 to complete the
Jogging Trail Bridge Replacement Project.
Jess Valenzuela, Director of
Parks and Recreation
as
Presented by
d
Bruce M. Boogaa
Attorney
C:\rs\jcgtrail
~-~
COUNCIL AGENDA STATEMENT
Item .1 D
ITEM TITLE:
Meeting Date 2/11/92
Resolution 1~l.!qlj Appropriating $30,000 from the Golf
Course Revenue Fund for two pedestrian bridges along the golf
course jogging trail and declaring an emergency situation
waiving the public bidding process
Director of Park~ and .Recreatio~
City Manager db fr ;r (4/5ths Vote: Yes...l...No_>
SUBMITTED BY:
REVIEWED BY:
The spring and fall rains in 1991 have caused considerable damage to the
pedestrian bridges along the golf course jogging trail in the vicinity of the
Acacia Street and the Bonita Glen drainage structures. These drainage
structures carry water from the upstream housing developments to the
Sweetwater River Channel.
RECOMMENDATION: That Council appropriate $30,000 from the Golf Course
Revenue Fund to construct new bridges along the golf course jogging trail and
declaring an emergency situation which justifies waiving the public bidding
process.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The two pedestrian bridges on the City's equestrian-jogging trail, adjacent to
the Chula Vista Municipal Golf Course, were damaged extensively by the heavy
rains in March 1991, and the most recent fall and winter rains. The bridges
were constructed by City forces approximately ten years ago, from old sections
of golf course bridges that were dislodged during the heavy rains in 1981.
The Acacia Street box drainage channel is approximately 5'xI4' and the Bonita
Glen box drainage channel is approximately 6' high by 39' wide. Both channels
carry a heavy volume of drainage water from upstream to the Sweetwater Channel.
The earthen bank of the bridge, spanning the Bonita Glen drainage structure,
suffered a serious wash-out, causing the bridge to sink approximately 3 feet.
The clearance under this bridge is now approximately 12-16 inches. Any
appreciable amount of future rain will dam up and go around the bridge,
creating an eddy effect and eventually wash out the bridge.
The Acacia bridge also suffers considerable damage from the
water and debri s that is washed down thi s drainage structure
The existing bridge was dislodged approximately 2-3 feet.
forces were able to move it back in place.
The Ri sk Manager has inspected both structures and concurs the bridges are a
potential liability and immediate action should be taken to replace damaged
bridges with more structurally designed bridges with proper anchor foundation
to eliminate any future displacement by flood waters.
heavy flow of
from upstream.
However, City
<0-3
t()~ "
Page 2, Item /0
Meeting Date 2/11/92
The Department recommends install ing two new pre-fabricated bridges, 40 feet
and 20 feet respectively, that will span the drainage structures, with a
concrete footing to anchor the bridges to provide sufficient clearance so as
not to impede the water flow. The Department has obtained estimates for the
replacement of the two bridges which totals approximately $30,000. Because of
the risk of liability, staff deems this an extraordinary problem, and the
Department recommends waiver of the bid process and return to the Council for
approval of the bridge replacements contract as soon as possible. The waiving
of the bid process is allowable under Ordinance 2.56.170.
FISCAL IMPACT: Approximately $30,000 from Golf Course Revenue Funds will be
required. The Department has contacted American Golf to ascertain if they
would be willing to share in the cost of the construction. After research
into the provisions of the contract between American Golf and the City of
Chul a Vi sta, it was determined that sol e respons i bil i ty for the bridges is
with the City of Chula Vista.
WPC 1729R
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LEGEND:
BRIDGE LOCATION:
(2) TOTAL
SURRE..,.
DR.
..
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ORAWNBY S TITLE
MF. .
DATE JOGGING TRAIL BRIDGES
Jan. 28, 1992
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-I/)..)
.
.
.
COUNCIL AGENDA STATEMENT
Item No.:
'fA
~
r<.\O~ Meeting Date: ~
'r-()O(( . 5" 't t!(2.
ITEM TITLE: Ordi~de~~r>"1 Adopting the Uniform Building Code, 1991 Edition
'r\)'\ +
SUBMITTED BY: '.\) 'bfrector of Building and Hous' 6i l/
~cp'<::;'
REVIEWED ~: City Manager ~ (4/5ths Vote: Yes _ No ~
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1991 EDITION,
UNIFORM BUILDING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, March 23, 1992 meeting unanimously approved the recommended adoption
ofthe 1991 Edition, Uniform Building Code. Members of the architectural, engineering and
construction community were invited for their applicable comments. No objections were
received during the Public Hearing regarding the adoption of the code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1991 Edition, Uniform Building Code by no
later than July 1, 1992. Jurisdictions within San Diego County have met collectively to
discuss suggested modifications to the code with members of the architectural and
engineering community during monthly meetings of the San Diego Area Chapter of the
International Conference of Building Officials. As such, this process recognizes and
promotes code uniformity throughout the jurisdictions within the County creating a positive
professional environment among all code users.
Previously, the City has not amended the Uniform Building Code to address provisions
regarding the installation of fire-resistive roof coverings. Staff has conducted. an
investigation into the issues encompassing the parameters involving the various classes
offire-resistive roof coverings and has subsequently recommended to the Board of Appeals
and Advisors that the adoption of the 1991 Edition Uniform Building Code contain a
mandata!)' provision for class .C. or better roof coverings.
1
~vA-"
'M"/
With respect to staffs conclusion that a minimum of class "C" roof coverings be established
as a Citywide standard, this was premised upon performance criteria submitted to the
Department regarding the merits of pressure-impregnated treated wood shakes and wood .........
shingles. Specifically, staff reviewed the fire-resistive performance tests of both class "B"
and class "C" roof assemblies and concluded that the only difference between these two
roofing classifications involving wood shakes/shingles is that class "B" was constructed of
shakes/shingles over 1/2 inch solid sheathing plywood decks and class "C" was constructed
with shakes/shingles over spaced sheathing decks. Hence, the pressure-impregnated,
fire-resistive wood shakes/shingles product is the same product for both a class "B" and a
class "C" application.
Given that the product is identical, to impose the more restrictive class "B" standard would
create the possibility of financial hardship for individuals re-roofing homes having existing
wood shakes/shingles over spaced sheathing. While the mihimum expense to install
pressure-impregnated fire-resistive wood shakes/shingles is approximately 30 percent
higher than non-rated wood shakes/shingles, replacement of the spaced sheathing with
solid 1/2 inch solid plywood will impact the consumer with an additional $1,500 to $2,000.
The Department of Building and Housing met with Fire Chief Lopez and Fire Marshal Gove
to discuss the recommended amendment to the 1991 Edition, Uniform Building Code, to
establish the class .C" fire-resistive roof classification as part of the adopted code.
Consensus was reached that class "C" shall be the minimum standard required for new ~
construction and re-roofing applications which involve greater than 50 percent replacement
of the existing roof.
Staffs recommendation to the Board of Appeals and Advisors is consistent with proposed
legislation contained in Assembly Bill 2131 (O'Connell), which will mandate Statewide,
class "C" roof covering for new construction and roofs requiring a replacement of greater
than 50 percent of their existing area. Staff will advise Council of status changes involving
AB-2131 as they become available.
Attached for Council reference is a copy of the Staff Report submitted to the Board of
Appeals and Advisors for further background information.
The adoption of the 1991 Edition, Uniform Building Code is in conformance with City
Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment
and maintenance of Uniform Building Regulations within the jurisdictions of the County of
San Diego.
FISCAL IMPACT' None
KGL:yu .""""
(A:\WP51\A11311191.UBC)
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~\;o ",r ORDINANCE NO. P'501 1i'':-1
AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALt'Nlt-
EXISTING CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE CITy1I\1D
OF CHULA VISTA AND ADOPTING A NEW CHAPTER 15.20 OF THE
MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE
ADOPTION OF THE UNIFORM BUILDING CODE, ~ ll2..l EDITION.
.
-1DQ
'Pit.
01\1
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That existing Chapter 15.08 is hereby repealed,
and a new Chapter 15.08 of the Chula vista Municipal Code is hereby
added, which Chapter shall read as follows:
"
section 15.08.010
section 15.08.020
Section 15.08.030
. section 15.08;040
section 15.08.050
Section 15.08.060
Section 15.08.070
section 15.08.080
section 15.08.090
section 15.08.100.
section 15.08.110
section 15.08.120
.
1991ubc.wp
April 17, 1992
Chapter 15.08
Building Code2
Uniform Building Code, 1991 edition, adopted
by reference.
Section 202(a) amended to designate building
official.
section 204 amended to confer "suitability of
alternate material" jurisdiction on Board of
Appeals.
section 301 (b) amended to delete exemptions
for certain types of construction from the
requirement to obtain a building permit, and
require re-roofing permits.
section 304 amended to reference the City's
Master Fee Schedule, and to charge for fees
not contained in the UBC.
Subsection (h) added to section 305 to require
inspection for compliance surveys.
Section 1710(a) amended to add an exception to
the requirement for parapets.
section 3203 amended to provide for more
restrictive roof coverings.
Subsection (e) added to section 3601 to
require equipment enclosures on roofs.
Subsection (f) added to section 3601 to
require removal of obsolete roof equipment.
Paragraph 5 added to subsection (b) of Section
3802 added to require installation of
automatic fire-extinguishing system in
buildings greater than certain height.
Subsection (e) added to section 4407 to
1991 UBC Amendments applicable in Chula vista
Page 1
, ~
~
I i
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require pedestrian protection at construction
sites.
Table No. 44-A. amended to specify permitted
means of providing pedestrian protection for
short periods of construction at limited
height building construction sites.
Section 15.08.010. Uniform Building Code; ~ llll Edition,
adopted by ref~rence.
Section 15.08.130
There is hereby adopted by reference the Unifo
Code, ("UBC") ~ llll Edition, and Chapters l(divisio
~ 35, and 49, and 55 of the Appendix that certain
copyrighted by the International Conference of Buildi
Cha te 31 ccessib"lit and Cha er 1 0 the A n
exemoted. Said document is hereby adopted as the B lding Code of
the City of Chula Vista for regulating the erectio , construction,
enlargement, alteration, repair, moving, demolit on, conversion,
occupancy, use, height, and area of all buildings nd structures in
the City. Providing for the issuance of permit and collection of
fees therefor and each and all such regul ions, provisions,
penal ties, condi tions and terms of the Un" orm Building Code,
~llll Edition, and Chapters l(division I , 7, 11, ~ 35, 49,
and 55 of the Appendix are hereby referred 0, adopted, and made a
part hereof as though fully set forth erein, excepting such
portions as are hereinafter deleted, mod" ied, or amended.
Section 15.08.020. Section 20 (a) amended to designate
Building Director as "building offic" 1".
Section 202 (a) of the UBC, as
Vista, is hereby amended to read s
Section
"suitability
Appeals.
15.08.030. Section 204 (a) amended to confer
of alternate materials" jurisdiction on Board of
1991ubc.wp
April 17, 1992
1991 UBC Amendments applicable in Chula Vista
Page 2
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File No.
PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING DATE w~, Cj I I ctCj .&-
SUBJECT 0 .D^f~ ''\. lCi.q/~. \16<2.. UM.<!.. u PQ.... "t' lJI-l0
D } ,
LOCATION
; BY HAND_; BY MAIL
PUBLICATION DATE
z..q <t.
MAILED NOTICES TO PROPERTY OWNERS
NO. MAILED
PER GC 54992 Legislative Staff, Construction Indusuy Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK <.(!& <../ (Cj)~
COPIES TO:
Administration (4)
Planning /'
/'
Originating Department
Engineering l/'
Others
City Clerk's Office (2)
c/"
4/')''=Ih1..-
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
----9 ~ ~
:
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M"^-'1q~
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-58-
'\~-\\o
NOTICE OF PUBLIC HEARING
BY THE CHUIA VISfA CI1Y COUNCIL
CHUIA VISfA, CAUFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHUIA VISTA CITY COUNCIL will hold a public
hearing to consider the following:
The adoption of the 1991 Edition, Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code and the
Uniform Housing Code.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 19,
1992, at 6:00 P.M. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED:
April 24, 1992
Beverly A. Authelet
City Clerk
1 ~-/7
.
.
.
COUNCIL AGENDA STATEMENT
q~
~
ITEM TiTlE:
~
A~
S)Cf . Item No.:
.~
#
~
~0
sJ-
Ordinance '- l) ~ Adopting the Uniform Plumbing Code,
1991 Edition JY Ii
Director of B~~ing and HOUS!Pfl &i V
City Manager '-o.{ (4/5ths Vote: Yes _ No.L)
f;
Meeting Date: 4/ ".,'n
. ~
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1991 EDITION, UNIFORM
PLUMBING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at their
Monday, March 23, 1992 meeting unanimously approved the recommended adoption ofthe
1991 Edition, Uniform Plumbing Code. Members of the architectural, engineering and
construction community were invited for their applicable comments. No objections were
received during the Public Hearing regarding the adoption of the code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1991 Edition, Uniform Plumbing Code by
no later than July 1, 1992. Jurisdictions within San Diego County have met collectively to
discuss suggested modifications to the code with members of the architectural and
engineering community during monthly meetings of the San Diego Area Chapter of the
International Conference of Building Officials. As such, this process recognizes and
promotes code uniformity throughout the jurisdictions within the County creating a positive
professional environment among all code users.
The adoption of the 1991 Edition, Uniform Plumbing Code is in conformance with City
Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment
and maintenance of Uniform Plumbing Regulations within the jurisdictions ofthe County of
San Diego.
FISCALlMPACT: None
KGl:yu
(A:\WP51\A 1131991.UPC)
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SECOND
ORDINANCE NO. 2S08 RE:;J,DING
AND A
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNI~?P"'ION
REPEALING EXISTING CHAPTER 15.28 OF THE MUNICIPAL CODE
AND ADOPTING A NEW CHAPTER 15.28 OF THE MUNICIPAL CODE OF
THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE
UNIFORM PLUMBING CODE, 1991 EDITION.
.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That existing Chapter 15.28 is hereby repealed,
and a new Chapter 15.28 of the Chula vista Municipal Code is hereby
added, which Chapter shall read as follows:
"
section 15.28.010.
Section 15.28.020.
Section 15.28.030.
Section 15.28.040.
. Section 15.28.050.
Section 15.28.060.
Section 15.28.070.
Section 15.28.080.
Chapter 15.28
Uniform Plumbing Code, ~ 1991 Edition
-
adopted by reference.
Section 20.1 amended to designate building
official.
Section 20.3 amended to reference Chula
vista's General Penalty Provisions.
Section 30.4(a) amended to have fees reference
city's Master Fee Schedule.
section 30.4(d) amended to exempt imposition
of investigation fees for emergency work.
Section 30.5(f) amended to reference the
city's Master Fee Schedule.
section 1105 amended to specify local minimum
residential sewer size.
Appendix C adopted as recommended guide.
section 15.28.010. Uniform Plumbing Code, ~ 122l Edition
adopted by reference.
There is hereby adopted by reference the Uniform Plumbing
Code, ~ ~ Edition, and Aooendices Chapters A, B, C, nand H
aRa I ef the l1.ppeRaill that eertaiR document as copyrighted by the
International Association of Plumbing and Mechanical Officials
("UPC"). Said document is hereby adopted as the Plumbing Code of
the City of Chula vista for regulating the complete installation,
maintenance and repair of plumbing, drainage systems, water
systems, gas systems, private sewage disposal systems on all
properties and within all buildings and structures in the City.
Providing for the issuance of permits and collection of fees
therefor and each and all such regulations, provisions, penalties,
conditions and terms of the Uniform Plumbing Code, ~ llll
Edition, and -el">t'~er& A, B, C (as a guide), nand H ""'A ... gf ~RSI
A~t'anaix are here!y refe~red to, adopted, and made a part thereof
~ 1
.
.~ "
,)
q~"'f
as though fully set forth herein, excepting such portions as are
hereinafter deleted, modified or amended. ~
15.28.020. Section 20.1 amended to designate building
Sec ion 20.1 of the UPC as it applies in Chula Vista shall
llows:
Authority.
The ministrative Authority shall be the Director of
Buildi g and Housing--the Authoritv dulv atlDointed to
enforce this Co e.'
'Violation and
UPC as it applies in Chula Vista shall
section 15.28. 30. Section 20.3 amended to reference Chula
vista's General Pena y Provisions.
Section 20.3 of t
read as follows:
20.3
(a) Violations. ~
violating any provisi s
conviction thereof, shal
provided for in Chapter 1.2
Code.
person, firm or corporation
of this code shall, upon
be subject to punishment as
of the Ch~la Vista Municipal
~
t1e ~erlllit preE1\:lmiA~ te fjJive al:itheri~y t.e -:ielat.e SF
cORsel the ~re~i6ie~a af ~his eese shall Be valia exeep~
inaefar as the \16];]( SF lias \:aieh it. aatherizea is lavfl:il.
~hc issu~Aee eF grontiRfjJ af a permit SF appre~al af plaRS
chall flat. preverlt. 'ERe aaministrat.i "':6 ali'EReri t.y frsm
thereafter rC~\:liriRg the eerreetieR af crrers ift said
plans aRa speeifieatisRs eF fram pre7eRtiRg eeR6trl:ie~ien
epcrat.isfls sLing earrieEl eft t.hereld.RSer \leeft ill viela'hisft
of t.his eeae ar af allY ether eraiRaftee SF fram re-:e]tiJ\lJ
any eert.ifieate af appre~al ,meR iesl:iea ift errs];. Every
perm! t iSlzHlsa l:l~. the aElmiRiatrat.i va aat.her! ti- \::lFlEie.r
pre"'~.iaie:R6 af this seas shall c.l!!3irs lay limitatieR aRa
2
.~
~ ~. ~
9~-'1'
.
.
.
COUNCIL AGENDA STATEMENT
'}~
---
Item No.: ~e ~
ITEM TITLE:
\.c~
~-<\.
~(j Meeting Date: 4-/1' '9L
~<::> ~2..
0~
Ordinance ~ ~~ Adopting the Uniform Mechanical Cod~,
:::~::t.:~:"g oed "'",,4v
SUBMITTED BY:
..,
REVIEWED BY: City Manager 6 (4/5ths Vote: Yes _ No..!..J
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1991 EDITION, UNIFORM
MECHANICAL CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at their
Monday, March 23, 1992 meeting unanimously approved the recommended adoption ofthe
1991 Edition, Uniform Mechanical Code. Members of the architectural, engineering and
construction community were invited for their applicable comments. No objections were
received during the Public Hearing regarding the adoption of the code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1991 Edition, Uniform Mechanical Code.
by no later than July 1, 1992. Jurisdictions within San Diego County have met collectively
to discuss suggested modifications to the code with members of the architectural and
engineering community during monthly meetings of the San Diego Area Chapter of the
International Conference of Building Officials. As such, this process recognizes and
promotes code uniformity throughout the jurisdictions within the County creating a positive
professional environment among all code users.
The adoption of the 1991 Edition, Uniform Mechanical Code is in conformance with City
Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment
and maintenance of Uniform Mechanical Regulations within the jurisdictions ofthe County
of San Diego.
FISCAL IMPACT: None
KGL:yu
(A:\WP51\A1131991.UMC)
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TInS PAGE BlANK
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'U t' ORDINANCE NO. ;I.:::>D "/tD
7 n~ --- ~
~f Q~
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, /tOO
REPEALING EXISTING CHAPTER 15.16 OF THE MUNICIPAL CODE ~~O~,
AND ADOPTING A NEW CHAPTER 15.16 OF THE MUNICIPAL CODE OF 'r
THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE
UNIFORM MECHANICAL CODE, 1991 EDITION.
.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That the existing Chapter 15.16 of the Municipal
Code is hereby repealed, and a new Chapter 15.16 of the Chula vista
Municipal Code are hereby added to read as follows:
"
section 15.16.010.
section 15.16.020.
Section 15.16.030.
. section 15.16.040.
section 15.16.050.
Chapter 15.16
Uniform Mechanical Code, ~ ~ Edition
Adopted by reference.
Section 201(a) amended to designate building
off icial.
section 202 amended to identify additional
unsafe equipment.
section 203(a) amended to confer "suitability
of alternate materials" jurisdiction on Board
of Appeals.
Section 304 amended to specify local fee
structure.
section 15.16.010. Uniform Mechanical Code, ~ 1991 Edition
Adopted by reference.
There is hereby adopted by reference, that certain document
known and designated as Uniform Mechanical Code, ~ ~ Edition
and Appendix A, Chapter 22 of Appendix B, And Appendix C thereof as
copyrighted by the International Conference of Building Officials
("UMC"). Said Document is hereby adopted as the Mechanical Code of
the City, providing for and regulating the complete installation
and maintenance of heating, ventilation, cooling and refrigeration
systems, and providing for the issuance of permits therefore, and
each and ail such regulations, provisions, penalties, conditions
and terms of the Uniform Mechanical Code, ~llll Edition and
Appendi~A, CRa~~~I zz of Appendix B and Appendix C thereto are
hereby referred to, adopted and made a part hereof as though fully
set forth herein, excepting such portions as are hereinafter
deleted, modified or amended.
section 201(a) amended to designate build-
section 15.16.020.
.
1
- qt."",,
...
"
! 7'.1
-
ing official.
""""
Section 201(a) of the UMC as it applies in Chula Vista shall
read as follows:
20 (a) General. The building official is hereby
orized and directed to enforce all the provisions of
code. For such purposes the building official shall
the powers of a law enforcement officer.
uilding official shall have the power to render
retations of this code and to adopt and enforce
rules nd regulations supplemental to this code as may be
deemed ecessary in order to clarify the application of
the pro . sions of this code. Such interpretations, rules
and regu at ions shall be in conformity with the intent
and purpo e of this code. The buildina official. herein
eference shal be the Dir cto 0 Bu'ld nd
Housina.
Section 15.16.030.
unsafe equipment.
identify additional
Section 202 of the UM
as follows:
it applies in Chula Vista shall read
Section 202.!.gJ" UNSA EQUIPMENT. Any equipment regulated """
by this code, which unsafe or which constitutes a fire
or health hazard or ther wise dangerous to human life
is, for the purposes of his section, unsafe. Any use of
equipment regulated by t . s code constituting a hazard to
safety, health or public lfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandon nt is, for this purpose of
this section, an unsafe use. Any such unsafe equipment
is hereby declared to be a pub 'c nuisance and shall be
abated by repair, rehabilitatio demolition or removal
in accordance with procedures se forth in the Uniform
Code for the Abatement of Dangerou Buildings as adopted
by Uniform Building Code, Section 20 as amended. As an
alternative, the Building Official 0 other employee or
official of this jurisdiction as d ignated by the
governing body may institute any other ap opriate action
to prevent, restrain correct or abate the yiolation.
Section 202(b) EQUIPMENT ENCLOSURE. equipment
including piping and ducts located on the of of a
building shall be shielded from view from public
thoroughfares, private and public parking 10 and
soundproofed so as to comply to the noise abat ent
provisions of Section 19.68.010 through 19.68.090 of he
Chula Vista Municipal Code. Eauipment enclosures shall """".
2
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.
COUNCIL AGENDA STATEMENT
Item No.:
C).f)
'-- ..:> o-e-..
~
f-,.f5
&
~
~ '?' Meeting Date: ~
~ I ~
"c'>
. ITEM TITLE: orf#i~~c; ~lt> Adopting the Uniform Housing Code, 1991 Edition
SUBMITTED BY: $~rector of Building and HOUSinJJ~ V
REVIEWED BY:
City Managel/:
iI
(4/5ths Vote: Yes _ No.JL.)
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1991 EDITION, UNIFORM
HOUSING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at their
Monday, March 23, 1992 meeting unanimously approved the recommended adoption of the
1991 Edition, Uniform Housing Code. Members of the architectural, engineering and
construction community were invited for their applicable comments. No objections were
received during the Public Hearing regarding the adoption of the code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1991 Edition, Uniform Housing Code by
no later than July 1, 1992. Jurisdictions within San Diego County have met collectively to
discuss suggested modifications to the code with member's of the architectural and
engineering community during monthly meetings of the San Diego Area Chapter of the
International Conference of Building Officials. As such, this process recognizes and
promotes code uniformity throughout the jurisdictions within the County creating a positive
professional environment among all code users.
The adoption of the 1991 Edition, Uniform Housing Code is in conformance with City
Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment
and maintenance of Uniform Housing Regulations within the jurisdictions of the County of
San Diego.
FISCALlMPACT: None
KGL:yu
(,A.:\WP51\Al1311191.UHC)
3DD I-..
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of. ~~Q ~V- ORDINANCE NO. 2.5/0 u/vu 1i'(;'-'1
c,<' ~~ t'- DIIVo
(I\\~t< AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA -1IVD .</1)0'1-.
REPEALING EXISTING CHAPTER 15.20 OF THE MUNICIPAL CODE OF r1"QA'
CHULA VISTA AND ADOPTING A NEW CHAPTER 15.20 OF THE 'v
MUNICIPAL CODE OF CHULA VISTA RELATING TO THE ADOPTION OF
THE UNIFORM HOUSING CODE, ~ ~ EDITION.
.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That existing Chapter 15.20 is hereby repealed,
and. new Chapter 15.20 of the Chula vista Municipal Code is hereby
adopted to read:
"
Section 15.20.010.
Section 15.20.020.
section 15.20.030.
. section 15.20.040.
Section 15.20.050.
Section 15.20.060.
CHAPTER 15.20
Uniform Housing Code, 1991 Edition, Adopted by
Reference.
Subsection (al of section 201 Amended to
Designate Director of Building and Housing and
"Building Official".
subsection (al of section 203 Amended to
Designate Board of Appeals as "housing
advisory and appeals board".
section 304 Added to Require Annual Housing
Permit.
section 305 Added to Require Housing Permit
Fees to be Set by city's Master Fee Schedule.
Section 307 Added to Require Suspension or
Revocation of Annual Housing Permit Where
Operation is Non-Conforming.
Section 15.20.010. Uniform Housing Code, 1991 Edition,
Adopted by Reference.
There is hereby adopted by reference that certain document
known and designated as the Uniform Housing Code, ~ ~ Edition
as copyrighted by the International Conference of Building
Officials. Said document is hereby adopted as the Housing Code of
the city of Chula vista, California providing for the issuance of
housing permits and providing the minimum requirements for the
protection of life, limb, health, property, safety and welfare of
the general public and the owners and occupants of residential
buildings in the City of Chula Vista, and the regulations,
provisions, penalties, conditions and terms of said Uniform Housing
Code, ~~ Edition, are hereby referred to, adopted, and made
.
1991uhc.wp
April 17, 1992
1991 UHC Amendments for Chula vista
Page 1
9/)-'
\'7
. ,
a part hereof, as though fully set forth herein, excepting such
portions as are hereinafter deleted, modified or amended. ~.
Section 15 20.020. Subsection (a) of Section 201 Amended to
Designate Direc or of Building and Housing and "Building Official".
Section 20 (a) of the Uniform Housing Code, as it applies in
Chula Vista, sha 1 read as follows:
201(a). Authority. The building official is hereby
authorized a d directed to enforce all the provisions of this
code. For s h purpose, the building official shall have the
powers of a 1 w enforcement officer.
The buil 'ng official shall have the power to render
interpretation of this code and to adopt and enforce rules
and regulations supplemental to this code as may be deemed
necessary in ord to clarify the application of the provision
of this code. ch interpretations, rules and regulations
shall be in conf mity with the intent and purpose of this
code. The Bui di Of ic'al shal be the Directo of ui d'n
and Housina. I
Section 15.20.030. ubsection (a) of Section 203 Amended to
Designate Board of Appeals s "housing advisory and appeals board".
OF APPEALS AND ADVISORS.
Sec. 203 (a) General. I order to provide for reasonable
interpretation of the provis~ ns of this code, to mitigate
specific provisions of the de which create practical
difficulties in their enforcemen and to hear appeals provided
for hereunder, there is hereby es blished a Board of Appeals
and Advisors consisting of seven m bers who are qualified by
experience and training to pass u n matters pertaining to
building construction, .use and 0 upancy of residential
structures. The Director of Building d Housing shall be an
ex-officio member who shall not be ent tled to vote and who
shall act as Secretary to the Board. The oard of Appeals and
Advisors shall be appointed by the Mayor d confirmed by the
City Council. The Board shall render 1 decisions' and
findings in writing to the Director of Bui ing and Housing
with a duplicate copy to the appellant. Appe s to the Board
shall be processed in accordance with the provi 'ons contained
in section 1201 of this code or in accorda e with such
procedures as may be prescribed by the City Att ney of the
203 of the Uniform Housing Code, and
as it applies in Chula Vista, is
ws:
.~
Subsection (a) of Secti
the title precedent thereto,
hereby amended to read as fol
1991uhc.wp
April 17, 1992
1991 UHC Amendments for Chula Vista
Page 2
~.
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q [) )Lf
COUNCIL AGENDA STATEMENT
Item ID
Meeting Date 5/19/92
Publ ic Hearing: PCM-92-03, Request to Amend the EastLake II
Genera 1 Development Pl an, EastLake Greens SPA Pl an and
EastLake I (Expansion) Planned District Regulations; EastLake
Development Company
a) Resol ut ion IIJ"'-~
Development Plan
b) Resolution 11#"'-1 Amending the EastLake Greens SPA Plan
c) Or inance 2.~/Lf Amending the EastLake I (Expansion)
p, anned District Regulations
SUBMITTED BY;)
ITEM TITLE:
Amending
the
EastLake
II
Genera 1
REVIEWED BY:
~jjlr of Planning
,~.!l WI~
C ty Manage~
(4/5ths Vote: Yes___No-x-)
This item includes amendments to the EastLake II General Development Plan,
EastLake Greens Sect i ona 1 Pl anni ng Area Pl an, and the EastLake I (Expans ion)
Planned District Regulations to allow the transfer of 69 previously approved
dwelling units with the EastLake Greens project. The proposed transfer would
decrease the density on six parcels and increase the density on two parcels.
The total number of dwell ing units within EastLake Greens would remain the
same (2,774 du's) as previously approved by the City Council in 1989.
RECOMMENDATION: That Council:
1. Adopt the attached resol ut ion amendi ng the EastLake II General
Development Plan; and
2. Adopt the attached resolution amending the EastLake Greens Sectional
Planning Area Plan; and
3. Adopt the attached ordinance amending the EastLake I (Expansion) Planned
Community District Regulations.
BOARDS/COMMISSIONS RECOMMENDATION: On March 25, 1992, the Planning
Commission recommended approval of the amendments to the EastLake II General
Development Plan, the EastLake Greens Sectional Planning Area Plan, and the
EastLake I (Expansion) Planned Community District Regulations (6-0). The
Commission deleted any reference to Parcel s R-27 and R-28 from the Negative
Declaration IS-92-04. On May 11, 1992, the Resource Conservation Commission
failed to adopt Negative Declaration IS-92-04 by a vote of 3 in favor, 1
opposed, and 2 absent. NOTE: A majority vote of the entire 7-board
membership is required for a positive vote. The "no" vote by member
Ghougassian was based on a lack of assurance that condominiums or townhouses
would be built and not on CEQA concerns.
10 - /
IO-~
[,I'
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Page 2, Item 10
Meeting Date 5/19/92
DISCUSSION:
Thi s a request from the EastLake Development Company to transfer 69 dwell ing
units within the EastLake Greens project. The EastLake Greens SPA Plan allows
for the transfer of dwell ing units from one residential category to another
within the SPA Plan. In addition to the SPA Plan, the clustering pol icy of
the General Plan (Section 6.3) is also applicable to this request.
The clustering policy in the General Plan limits clustered projects to a
maximum of 10 du/ac on any parcel designated Low Medium Residential. It is
clear that the EastLake Greens project is a "clustered" project within the Low
Medium land use category because there is a mixture of open space (golf
course) and higher densities scattered throughout the project. The proposed
transfer of dwelling units would comply with this policy.
The EastLake Greens SPA Plan and the EastLake II General Development Plan
currently designates R-24 and R-25 as Low Medium. This is proposed to be
changed to Medium Residential. The Planned Community District Regulations
would also change to Residential Condominium 10.
Parcel R-24 is a 5-acre site located across the street from the community park
at the intersection of EastLake Parkway (4 1 anes - 100' R/W) and Greensgate
Drive (4 lanes - 100' R/W). The other abutting street is Greensview Drive
which is a 2-lane (68' R/W) loop street linking together the various
residential neighborhoods with the EastLake Greens project.
The parcel to the south of Parcel R-24 is Parcel R-14 which is planned for
single-family detached development consisting of 84 homes on 11.4 acres (7.4
du/ac). Single-family homes are also being constructed on R-5 to the east.
Parcel R-19 is located to the north and is planned for attached townhomes at
10.6 du/ac.
All of the required publ ic facil ities and improvements (streets, util ities,
etc.) have been installed to serve Parcel R-24. The community park and Phase
I of the new EastLake High School are also under construction.
Parcel R-25 is located on EastLake Parkway and Clubhouse Drive, directly to
the east of the EastLake High School Parcel. Parcel R-25 is 7.4 acres in size
and is proposed to be changed from 4.5 du/ac to 10 du/ac. The corresponding
amendments to the EastLake II General Development Plan (Medium Residential)
and PC District Regulations (Residential Condominium 10) are companion parts
of the proposal.
Parcel R-25 is bordered by a planned elementary school site (10.0 acres) to
the south, the EastLake High School to the west (49.2 acres), Parcel R-14
(single-family detached 7.4 du/ac) to the north and single-family attached
(7.6 du/ac) to the east. Parcel R-25 is graded and fully improved with
streets and utilities.
)1).2
I'
I,;:
Page 3, Item /0
Meeting Date 5/19/92
Both Parcels R-24 and R-25 have partial views of Holes 7 and 17 of the
Eastlake Greens golf course and are well located for medium density cluster
development. Each parcel will be subject to site plan and design review by
the Design Review Committee. The proposed medium density is compatible with
the surrounding uses, both existing and proposed.
The certified Environmental Impact Report for Eastlake II General Development
Pl an and the Eastlake Green SPA Pl an (Case No. EIR-86-4 and State
Clearinghouse Number 86052803) evaluated the impacts of a much higher density
for these parcels. R-24 was originally proposed for a density of 21.9 du/ac
(110 du) and R-25 was originally proposed for a density of 22.0 du/ac (163
du's). During the City review of the Eastlake Greens SPA Plan, the Eastlake
Development Company reduced the density to 4.5 du/ac for these two parcels.
Therefore, the previously certified EIR cited above evaluated the impacts of
dens i ties greater than the current proposa 1 . An addendum (Negative
Declaration) to the previously certified EIR has been issued by the City's
Environmental Review Coordinator for this proposed amendment stating that the
proposed amendment would not have a si9nificant impact on the environment.
The proposed transfer of 69 units (R-24 + 28 and R-25 + 41) from Parcels R-2
(-3), R-8 (-3), R-9 (-6), R-13 (-7), R-17 (-29) and R-19 (-21) would improve
the Eastlake Greens SPA Plan by providing a more balanced land use plan for
these two parcels which are located within the transition zone between the
Eastlake Parkway Activity Corridor and the single-family neighborhoods around
the golf course. Each of these parcels (R-24 and R-25) is well served (3
sides) with street access which will promote design flexibility and good site
plan opportunities for a clustered project desi9n. Each parcel will be
reviewed by the Design Review Committee to ensure that on-site open
space/recreational facilities are provided to qualify as clustered projects.
The attached Exhibit A (prepared by Eastlake Development Company) describes
the number of transferred units, the affected parcels, and the reason for the
69 excess units. The attached Site Utilization Map (Exhibit A-I) shows the
location of each of the affected parcels.
The attached Negative Declaration was prepared on the original application
filed by the EastLake Development Company on August 8, 1991, which included
two additional parcels (R-27 and R-28). Subsequently, the appl ication was
amended by EastLake Development Company to delete Parcels R-27 and R-28 and an
addendum to the Ne9ative Declaration was issued by the Environmental Review
Coordinator declaring that Parcels R-27 and R-28 had been dropped from the
proposal. The attached Ne9ative Declaration is valid with the clarifying
addendum explaining the sequence of events. Parcels R-27 and R-28 are
presently undergoing further review by EastLake Development Company and staff
regarding certain General Plan questions. When these questions are resolved,
these parcels will be processed in accordance with normal procedures.
FISCAL IMPACT: None
WPC 0244p
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May 19, 1992
The Honorable Tim Nader, Mayor
Members of the City Council
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, CA 91910
RE; EASTLAKE GREENS DENSITY TRANSFER PARCELS R-24
AND R-25
Dear Mayor Nader and City council Members:
During the Planning Commission Hearing several
residents of the Maracay project at EastLake Greens
expressed concerns regarding the above density
transfer. Subsequent to the hearing, EastLake
Development Company organized a forum with the
homeowners to explain the project and respond to
their concerns. As a result of that meeting, we
have agreed to the following:
1. EastLake Development Company will strongly
consider the use of a gated entry (automated)
into the parcel R-24 project.
2. EastLake Development Company will involve
interested Maracay homeowners in the future
design review process for parcel R-24.
with these commitments, I have been assured by Mr.
Bob Lawrence, one of the key interested homeowners
who expressed a concern, that the Maracay
homeowners will continue to work with us on the
development of the project.
We appreciate your consideration and approval of
this project tonight.
Sincerely,
EASTLAKE DEVELOPMENT COMPANY
Aden
President Community Development
KAj cll
cc: Ken Lee
Bob Lawrence
Bud Gray
/~-5
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...
..
...
fASTLAKE
DEVELOPMENT
COMPANY
900 Lane Avenue
Suite 100
Chula ,",to, CA 91914
(619) 421-0127
eAX (619) 421-1830
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File No.
PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING DATE I C\0I<r
SUBJECT ,b ~c.,~ ~ ~ u U-l.!!o~
WC.^.'j:JON O~ "jc &.:t9_JLL -r: (q..f"'- j.)) p ~ ~~
D~i.u:.:t; ~
SENT TO STAR NEWS FOR PUBLICATION -- BY FAX ~ BY HAND ; BY MAIL
41d.5!c,d-- - -
. ,
PUBLICATION DATE
MAILED NOTICES TO PROPERTY OWNERS
~e~
NO. MAILED rllA ~
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
Y /.J-if/q;:y
LOGGED IN AGENDA BOOK
COPIES TO:
Administration (4)
Planning ,/
\/
Originating Department
Engineering
V"'.
Others
City Clerk's Office (2) ,/
'--1/ d 'i ! Yd-
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
-58-
(0-&
NOTICE OF PUBUC HEMUNG
BY TIlE CHUrA VISfA CITY COUNCIL
CHUrA VISfA, CAUFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHUrA VISTA CITY COUNCIL will hold a public
hearing to consider the following:
Considering an amendment to the EastLake II General
Development Plan, EastLake Greens Site Utilization Plan and
the EastLake I (Expanded) Planned Community District
Regulations for Parcels R-24 and R-25, consisting of 5.0 acres
and 7.4 acres, respectively.
Considering a request for vacation of an easement for sewer
purposes at 1144 Broadway. In accordance with Resolution of
Intention No. 16587.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 5, 1992,
at 4:00 P.M. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED:
April 22, 1992
Beverly A. Authelet
City Clerk
10-1
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING will be held by the City Council
of Chula Vista, California for the purpose of considering an amendment to the EastLake II
General Development Plan, EastLake Greens Site Utilization Plan and the EastLake I (Expanded)
Planned Community District Regulations for Parcels R-24 and R-25, consisting of 5.0 acres and
7.4 acres respectively. Parcel R-24 is located at the southeast corner of EastLake Parkway and
Greensgate Drive and Parcel R-25 is located at the southeast corner of EastLake Parkway and
Clubhouse Drive.
The proposed amendments to the EastLake II General Development Plan, EastLake Greens Site
Utilization Plan and the EastLake I (Expanded) Planned Community District Regulations which
have been filed by the EastLake Development Company would transfer 69 units from 6 parcels
within EastLake Greens and add these dwelling units to parcels R-24 and R-25. The number
of dwelling units proposed for R-24 and R-25 would be changed from 22 du's and 33 du's to
50 du's and 74 du's, respectively. However, the total number of dwelling units within EastLake
Greens would not change.
This proposed transfer of dwelling units within EastLake Greens is consistent with the Chula
Vista General Plan which designates the property Low Medium Residential.
A Negative Declaration, IS-92-04, has been issued by the Environmental Review Coordinator
and is on me at the City Planning Department Offices, 276 Fourth Avenue, Chula Vista,
California.
A complete description of the applicant's proposed project is on file in the City of Chula Vista
Planning Department office. If you wish to challenge the City Council's action on this proposed
project in court, you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice, or in written correspondence delivered to the City
Council at or prior to the public hearing described in this notice. Correspondence to the City
Council should be directed to the City Clerk, City of Chula Vista, 376 Fourth Avenue, Chula
Vista, CA 91910.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 5,
1992 at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at
which time any person desiring to be heard may testify.
DATED:
April 20, 1992
CASE:
PCM-92-03/IS-92-04
Beverly Authelet, City Clerk
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LANE/KUHN PACIFIC HOMES SWEETWATER UNION HIGH SCHOOL
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WESTERN SALT CO i EASTLAKE COUNTRY CLUB PTNSHP
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C/O WILLIAM A DAVIDSON
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C/O CENTURY AN BUILDERS
5953300600
GRADILLAS DANIEL E/PAT ICIA M
/()-/D
RESOLUTI ON NO. I U. "r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
EASTLAKE II GENERAL DEVELOPMENT PLAN (PCM-92-03)
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the EastLake II General Development Plan was originally adopted
by the City Council on July 18, 1989 (Resolution No. 15198); and
WHEREAS, the Environmental Impact Report was previously certified
(EIR-86-4); and
WHEREAS, on March 25, 1992, the Planning Commission certified the
Negative Declaration (IS-92-04) issued for this proposed amendment based on
the previously certified EIR-86-4; and
WHEREAS, the Pl anni ng Commi ssi on on March 25, 1992 recommended approval
of the proposed amendment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby finds that in accordance with the attached Negative
Declaration, IS-92-04, and the findings therein, the proposed amendment will
not have a significant effect on the environment, and the City Council hereby
certifies that the Negative Declaration was prepared in accordance with the
California Environmental Quality Act of 1970, as amended, and
The City Council does hereby adopt the following findings:
1. THE PROPOSED DEVELOPMENT DESCRIBED BY THE GENERAL DEVELOPMENT PLAN
AMENDMENT IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA
GENERAL PLAN.
The proposed amendment does not increase the number of dwell i ng
units within the boundaries of the General Development Plan,
therefore, the proposed amendment is in conformance with the Chula
Vista General Plan.
2. A PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC
USES OR SECTIONAL PLANNING AREA WITHIN 1lI0 YEARS OF THE
ESTABLISHMENT OF THE PLANNED COMMUNITY lONE.
The applicant has stated that plans for specific uses will be
submitted within the allowable timeframe.
3. IN THE CASE OF THE PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
DEVELOPMENT SHALL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED
DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH AND
PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREAS
AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS,
PLAYGROUNDS, AND PARKS ARE ADEQUATE TO SERVE THE. ANTICIPATED
POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING
JURISDICTION THEREOF.
/013" I
The proposed amendment to the General Development Plan will transfer
69 approved dwelling units from Parcels R-2, R-S, R-9, R-13, R-17
and R-19 to Parcels R-24 and R-25. This transfer of dwelling units
will improve the plan by providing a more balanced land use plan for
the two parcels receiving the dwelling units by creating a
transition between the Eastlake Activity Corridor and the
single-family detached neighborhoods around the golf course.
4. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH
DEVELOPMENT WIll BE APPROPRIATE IN AREA, LOCATION, AND OVERAll
DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT
STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT
OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT
WIll MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE.
No industrial or research land uses are proposed for this project.
5. IN THE CASE OF INSTITUTIONAL, RECREATION, AND OTHER' SIMILAR
NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN
AREA, lOCATION, AND OVERAll PlANNING TO THE PURPOSE PROPOSED, AND
THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM
SUCH.
No institutional, recreation, or similar non-residential uses are
proposed within the area proposed for amendment.
6. THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE TO CARRY
THE ANTICIPATED TRAFFIC THEREON.
The previously certified Environmental Impact Report analyzed
traffic that will be generated by Eastlake II as well as existing
and proposed projects which will conform to the Chula Vista General
Plan and its Circulation Element.
The analysiS demonstrated that Eastlake II will construct or provide
funding for streets to carry the anticipated traffic in accordance
with the City's threshold criteria.
7. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICAllY
AT THE lOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL
FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S).
No commercial land uses are proposed for this project.
S. THE AREAS SURROUNDING SAID DEVELOPMENT CAN BE PlANNED AND ZONED IN
COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT.
Road access will be provided to undeveloped parcels to the south and
east of this project. The progression from higher densities in the
west to lower densities in the east is consistent with the nature of
the projected development on surrounding properties.
IM~;"
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said
amendment to the EastLake II General Development Plan changing the land use
designation on Parcels R-24 and R-25 from Low Medium to Medium land use.
Presented by
Bob Leiter
Director of Planning
WPC 0245p
/O/J,.3
;ZI'
Bruce M. Boogaa
City Attorney
by ()
~
RESOLUTION NO. I ~J.q
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
EAST LAKE GREENS SECTIONAL PLANNING AREA PLAN
(PCM-92-03)
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the EastLake Greens Sectional Planning Area Plan was originally
adopted on July 18, 1989 (Resolution No. 15199); and
WHEREAS, the Environmental Impact Report was previously certified
(EIR-86-4); and
WHEREAS, on March 25, 1992, the Planning Commission certified the
Negative Decl arat i on (lS-92-04) issued for thi s proposed amendment based on
the previously certified EIR-86-4; and .
WHEREAS, the Planning Commission on March 25, 1992 recommended approval
of the proposed amendment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista finds that in accordance with the attached Negative Declaration,
IS-92-04, and the findings therein, the proposed amendment will not have a
significant effect on the environment, and the City Council hereby certifies
that the Negative Declaration was prepared in accordance with the Cal ifornia
Environmental Quality Act of 1970, as amended, and
The City Council does hereby adopt the following findings:
1. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENT IS IN
CONFORMITY WITH THE AMENDED EASTLAKE II GENERAL DEVELOPMENT PLAN AND
THE CHULA VISTA GENERAL PLAN.
The EastLake Greens Sectional Planning Area Plan reflects the land
uses, circulation system, open space and recreational uses, and
public facility uses consistent with the amended EastLake II General
Development Plan and the Chula Vista General Plan.
The proposed amendment to the EastLake Greens SPA Plan will transfer
69 approved dwelling units from Parcels R-2, R-8,R-9, R-13, R-17
and R-19 to Parcels R-24 and R-25 with no increase in the total
number of dwelling units previously approved for the project.
2. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENT WILL PROMOTE
THE ORDERLY SEQUENTIALlZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREA.
The SPA Plan and Public Facilities Financing Plan contain provisions
and requirements to ensure the orderly, phased development of the
project. The Publ ic Facil ities Financing Plan specifies the publ ic
faci 1 i ty projects requi red by EastLake Greens and also the regi onal
facilities needed to serve the proposed amendment.
/oe -I
3. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENT WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION, OR ENVIRONMENTAL QUALITY.
The land uses within EastLake Greens represent a continuation of the
master pl anned community el ements establ i shed wi th the development
of EastLake. The major theme of EastLake Greens is the IS-hole
golf course surrounded by residential uses of various densities.
The project has been planned in a fashion to integrate well with
adjacent land uses and to avoid off-site impacts through the
provision of mitigation measures specified in the previously
certified EastLake II Environmental Impact Report.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the
request to change the residential designation on Parcel R-24 and R-25 shown on
the adopted EastLake Greens Site Utilization Plan Map from 4.5 dwelling units
per acre to 10 dwelling units per acre.
Presented by
Bob Leiter
Director of Planning
WPC 0246p
lOc-2,.
f'
APp~ed as,\to f m by
,~/41
Bruce M. Boogaard
City Attorney
COUNCIL AGENDA STATEMENT
Item JL
Meeting Date 5/19/92
ITEM TITLE:
Public Hearing: Consideration of the annexation of 1159 acres to Chula
Vista, and the detachment of 417 of those acres from the Rural Fire
Protection District, encompassing the Salt Creek Ranch Master Plan and
known as the "Salt Creek Ranch Reorganization"
Resolution II.,(., ~O Approving
~ganization"
SUBMITTED BY: 'rF.!.or of Planning
F' ~uIJ. ~\Tt:r-
REVIEWED BY: City Manage~.
the proposed "Salt Creek Ranch
(4/5ths Vote: Yes_No.lO
An application was filed by landowner petition of The Baldwin Company with the Local Agency
Formation Commission (LAFCO) in November 1991 for the annexation of the 1159-acre Salt
Creek Ranch project area from the unincorporated County to Chula Vista. Four hundred
seventeen (417) of those acres are within the boundaries of the Rural Fire Protection District and
require detachment to avoid service duplication. The subject area lies north of the EastLake
Business Park, south of San Miguel Mountain and northwest of Upper Otay Reservoir. The
northeasternmost 240 acres of the proposed annexation area are outside the City's Sphere of
Influence, thereby necessitating a concurrent amendment to the Sphere boundary (please see
Exhibit A). The City Council previously approved the project's General Development Plan
(GDP) on September 25, 1990, and the Sectional Planning Area Plan (SPA) on March 24, 1992.
An Environmental Impact Report (EIR-89-03) was prepared for the Salt Creek Ranch GDP in
July 1990, and a Supplemental EIR (SEIR-91-03) for the Salt Creek Ranch SPA in January
1992. Both were certified according to the provisions of CEQA by the Chula Vista City Council
at public hearings by Resolution Nos. 15876 and 16554, respectively. At those hearings, the
City Council also adopted the CEQA Findings and Statement of Overriding Considerations, and
a Mitigation Monitoring Program under Resolution Nos. 15872 and 16555.
On April 6, 1992, LAFCO adopted a written Statement of Determinations making changes to
the Sphere of Influence boundary, and a resolution approving the proposed reorganization
(Reference Nos. SA91-12; R091-14). Pursuant to requirements of the Cortese/Knox Local
Government Reorganizatiqn Act of 1985, LAFCO has designated the City of Chula Vista as
conducting authority and referred the matter for public hearing consideration.
RECOMMENDATION: That Council adopt the necessary form of resolution approving the
"Salt Creek Ranch Reorganization."
/1-/
Page 2, Item (I
Meeting Date 5/19/92
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Project Description
The subject territory for the Sphere amendment and reorganization is currently vacant, and
encompasses the approximately 1159-acre Salt Creek Ranch Planned Community. Pursuant to
Council's recent approval of the Salt Creek Ranch SPA Plan, 2662 dwelling units of varying
types and density have been authorized, along with a 22-acre community park, 7-acre
neighborhood park, two schools, two community purpose facility sites, a fire station, and
approximately 351 acres of open space. The Planning and Engineering Departments are
currently reviewing a master Tentative Subdivision Map for the project, which is anticipated to
be brought forward for Planning Commission and City Council public hearing consideration in
the fall of 1992.
Included within the ll59-acre reorganization is an approximately I-acre area which was added
by LAFCO in order to establish a more logical City boundary (see "Area A" on attached Exhibit
A). The area contains a segment of Proctor Valley Road, which if omitted from the proposal
would create jurisdictional confusion and not relieve the County of road maintenance
responsibility and liability. The affected segment and surrounding area are under the ownership
of the City of San Diego, which has not expressed opposition to inclusion of the area in the
annexation.
The entire annexation area is more specifically described by the legal description and plat map
attached as Exhibits B and C.
Sphere of Influence
With the exception of 240 acres, the Salt Creek Ranch Reorganization site is within the City's
Sphere of Influence. The City's 1989 General Plan Update includes the 240-acre Sphere
amendment area within the Planning Area, and designates it as "Low Density Residential" and
"Open Space." Establishment of general planning intents is a prerequisite to inclusion of land
within the City's Sphere. Since the territory is directly adjacent to, and a part of, planned urban
development within Chula Vista, and urban services could be efficiently provided by the City,
it represents a logical area for inclusion in the Sphere. Therefore, at its April 6, 1992 hearing,
LAFCO adopted the required Statement of Determinations and resolution approving the Sphere
amendment. No further action is required of Council on this matter.
/1"2.
Page 3, Item II
Meeting Date 5/19/92
Municioal Services
The primary purpose of the reorganization is to facilitate development of Salt Creek Ranch
through the provision of a full range of municipal services by the City of Chula Vista. Pursuant
to the City's Growth Management Program and Threshold Standards, a Public Facilities
Financing Plan (PFFP) has been adopted for the project, tying development phasing to the
provision of necessary facilities and services. The PFFP ensures that adequate facilities and
services will be available in advance of, or concurrent with, development.
FISCAL IMPACT: In addition to the required Fiscal Impact Analysis for the project, the
reorganization is subject to the Master Property Tax Transfer Agreement with the County.
Pursuant to that Agreement, Chula Vista will receive $26,458 in base property tax revenue
annually, and 13.9% of future property tax increment revenues generated from the area. The
reorganization is not expected to have an adverse economic impact on the City.
(SCR_.AIl3)
/r-3/"..1/
RESOLUTION NO. ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PROPOSED "SALT CREEK
RANCH REORGANIZATION"
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, an original application was filed by landowner petition of The Baldwin
Company with the Local Agency Formation Commission in November 1991 for the annexation
of approximately 1159 acres from .the unincorporated area of the County to the City of Chula
Vista, and the detachment of 417 of those acres from the Rural Fire Protection District, and
WHEREAS, a Certificate of Filing was issued by LAFCO on March 23, 1992, and
WHEREAS, the 1159-acre subject territory lies north of the EastLake Business Park,
south of San Miguel Mountain, and northwest of Upper Otay Reservoir, being more specifically
described in Exhibits B and C attached hereto, and
WHEREAS, the reorganization area encompasses the Salt Creek Ranch Planned
Community for which the City Council approved a General Development Plan in September
1990, and a Sectional Planning Area Plan and Public Facilities Financing Plan in March 1992,
and
WHEREAS, 240 acres of the proposed annexation area is not within the City's current
Sphere of Influence, and thereby necessitates a concurrent amendment to the Sphere boundary,
and
WHEREAS, on April 6, 1992, the Local Agency Formation Commission adopted a
written Statement of Determinations making the necessary amendment to the Sphere of Influence
boundary, and adopted a resolution approving the proposed reorganization (Reference Nos.
SA9l-l2; R09l-l4), and
WHEREAS, an initial and supplemental Environmental Impact Report (EIR-89-03 and
SEIR-9l-03) were prepared for the Salt Creek Ranch development project; and were certified
according to the provisions of CEQA by the Chula Vista City Council at public hearings held
September 25, 1990 and March 24, 1992, by Resolution Nos. 15872 and 16555, respectively,
and
WHEREAS, the Local Agency Formation Commission has designated the City of Chula
Vista as conducting authority and referred the matter for determination, and
II-~-
WHEREAS, the purpose of the annexation is to facilitate development of the Salt Creek
Ranch project through the provision of a full range of necessary municipal services by the City
of Chula Vista, and
WHEREAS, the property to be annexed will not be taxed for general bonded
indebtedness of Chula Vista, and
WHEREAS, the regular County assessment roll shall be utilized, and
WHEREAS, pursuant to Sections 57002, 57025, 57026 of the Government Code, the
matter was set for public hearing at the Council meeting of May 19, 1992, at 6:00 p.m. in the
Council Chambers.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND:
1. The boundaries of the territory as described in Exhibits B and C are definite and
certain.
2. The boundaries of the territory do conform to the lines of assessment and
ownership.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, pursuant to the provisions of the Cortese/Knox Local Government Reorganization Act of
1985 as amended, approves and hereby orders the reorganization with modified boundaries as
described in Exhibits B and C (metes and bounds and plat map as approved by LAFCO, April
6, 1992) attached hereto.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and
she is hereby authorized and directed to transmit a certified copy of this resolution in accordance
with Section 57200 of the Government Code.
Approved as to form b}
J~ .
Presented by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
(SCReorg.rca)
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SALT CREEK RANCH
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Diego
PROPOSED SALT CREEK RANCH REORGANIZATION
AREA TO BE DETACHED FROM THE
RURAL FIRE PROTECTION DISTRICT
WJI
AREA OF SPHERE OF INFLUENCE
AMENDMENT
J:XHIBIT A
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CITY OF CHULA VISTA PLANNING DEPARTMENT-ADVANCE DIV. 4/29/92 C.Covanubiae
R091-14
"Salt Creek Ranch Reorganization"
(City of ChuIa Vista)
All that portion of Sections 23 through 27, Township 17 south, Range 1 west, San
Bernardino Base & Meridian, in the County of San Diego, State of California, according to
United States Government Swvey, lying within the following described boundaries:
beginning at the south quarter comer of said Section 27, being a point on the easterly
boundary of Parcel Map no. 16033, filed in the County Recorder's Office of San Diego
County, March 22, 1990;
1. Thence north 0"04'45" west, 1316.29 feet along the north-south center line of said
Section 27, to the northwest comer of the southwest quarter of the southeast quarter
of said section; .
2. Thence along the northerly line of said southwest quarter south 88053'12" east,
1314.39 feet to the northeast comer thereof;
3. Thence along the westerly line of the northeast quarter of said southeast quarter to
and along the westerly line of the southeast quarter of the northeast quarter of said
section, north 00"26'24" east, 2637.85 feet to the northwest comer thereof;
4. Thence along the northerly line of said quarter-quarter south 88058'41" east, 1328.74
feet to the northwest comer of the south half of the northwest quarter of said Section
26;
5. Thence along the northerly line of said south half to and along the northerly line of
the southwest quarter of the northealit quarter of said Section 26, south 88042'42"
east, 3998.83 feet to the northeast comer thereof;
6. Thence north 00"54'34" east, 1325.70 feet along the westerly line of the northeast
quarter of the northeast quarter of said Section 26 to the southwest comer of the
east half of the southeast quarter of said Section 23;
7. Thence along the westerly line of said east half, north 00"58'59" east, 2652.57 feet to
the east-west center line of said Section 23;
8. Thence along said east-west center line south 89"05'03" east, 1345.57 feet to the west
quarter comer of said Section 24;
9. Thence along the east-west center line of said Section 24, south 88048'15" east,
2660.65 feet to the north-south center line of said section;
10. Thence along said north-south center line, south 00"43'21" west, 2660.31 feet to the
north quarter comer of said Section 25;
PAGE ONE OF SEVEN
11..1
EXHIBIT B
11. Thence along the north-south center line of said Section 25, south 00"35'13" west,
1664.92 to the northerly line of the south half of the northwest quarter of the
southwest quarter of the northeast quarter of said Section 25;
12. Thence along said northerly line south 88"27'37" east, 675.87 feet to the easterly line
of said south half;
. 13. Thence along said easterly line of said south half, south 00"35'13" west, 332.98 feet
to the southerly line of said south half;
14. Thence along said southerly line, north 88"27'37" west, 675.87 feet to the north-south
center line of said Section 25;
15. Thence along said north-south center line, south 00"35'13" west, 665.97 feet to the
center of said Section 25; f
16. Thence continuing along said north-south center line, south 00"32'40" west, 1931.84
feet to an angle point in the boundary of lands conveyed to the City of San Diego
as describe in deed, recorded on January 31, 1913, in Book 598, page 54 of Deeds,
in the County Recorder's Office of San Diego County, said point being point "A";
17. Thence along said boundary as follows:
north 47"25'00" west 146.40 feet;
north 39"04'00" west to an intersection with the southerly line of Road Survey no.l72
(Proctor Valley Road), map on file in the County Engineer's office of said County;
18. Thence southwesterly along said southerly line to an intersection with a line
described as follows:
Beginning at said Point "A"; thence along the aforesaid boundary of lands conveyed
to the City of San Diego the following courses:
north 47"25'00" west,146.40 feet;
north 39"04'00" west, 170.10 feet;
north 58055'00" west, 109.70 feet;
north 07"00'00" west, 79.30 feet;
north 82"30'00" west, 99.00 feet;
north 47"07'00" west, 209.40 feet;
south 19"17'00" east, 67.90 feet;
south 27"37'00" east, 214.80 feet;
south 18"28'00" east, 74.50 feet to the true point of beginning of said line; thence
south 35055' east, 112.00 feet along said line to point "B";
19. Thence south 35055' east along said line to said point "B", being an angle point in
said boundary;
20. Thence continuing along said boundary as follows:
south 03055'00" east, 127.50 feet;
PAGE TWO OF SE'iTEN
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south 25"23'00" east, 134.70 feet;
south 21052'00" west, 67.90 feet;
south 72"54'00" west, 89.30 feet;
north 58"21'00" west, 159.50 feet;
south 28"26'00" east, 173.70 feet;
south 69"07'00" east, 88.70 feet;
south 36000'00" east, 291.50 feet;
south 57"41'00" east, 67.10 feet;
south 74016'00" east, 92.50 feet;
south 06"08'00" west, 107.30 feet to a point on the southerly line of said Section 25
distant thereon 68.50 feet westerly from the southeast comer of the southeast quarter
of said Section 25;
21. Thence north 88"27'56" west, 308.44 feet (record - north 88"27'55" west) along said
southerly line to the southeast comer of land described in deed to Western Salt
Company by document No. 147375, recorded December 18, 1950, in official records
of said County;
22. Thence north 41"28'05" west, 1817.65 feet (record - north 41"38'30" west, 1817.00 feet
more or less) along the boundary of said Western Salt Company land to an angle
point therein;
23. Thence north 64049'44" west (record - north 65"09'30" west) to the southwesterly line
of the aforesaid Road Survey No. 172 (proctor Valley Road);
24. Thence northeasterly, at right angles to said southwesterly line, to the northeasterly
line of said Proctor Valley Road;
25. Thence northwesterly along said northeasterly line to the west line of said Section
25;
26. Thence south 1"01'59" west (record-south 0"39'30" west) along said west line to the
southwest comer of said Section 25;
27. Thence north 88"27'56" west, 5280.90 feet (record. due west) along the southerly line
of said Section 26 to the southwesterly comer thereof, being also the southeasterly
comer of said Section 27;
28. Thence north 88047'35" west, 962.64 feet (record . north 89054' west) along the
southerly line of said Section 27 to the northeast comer of Lot 13 of ChuIa Vista
Tract no. 84-7, Unit no.!, according to map there no. 11509, filed in the County
Recorder's Office of said County;
29. Thence leaving said southerly line of said Section 27 along the northerly prolongation
of the easterly line of said Lot 13, north 5013'22" west, 104.45 feet;
PAGE THREE OF SEVEN
II ../0
30. Thence south 84045'24" west, 926.26 feet to a point on the southerly line of said
Section 27;
31. Thence north 88"47'35" west, 738.63 feet (record - north 89"54' west) along said
southerly line to the point of beginniY1g
.
-,
PAGE FOUR OF SEVEN
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R091-14
"Salt Creek Ranch Reorganization"
(Detachment from Rural Fire Protection District)
All that portion of Sections 24 and 25, Township 17 south, Range 1 west, San Bernardino
Base and Meridian, in the County of San Diego, State of California, according to United
States Government Survey, lying within the following described boundaries:
Beginning at the west quarter comer of said Section 24;
1. Thence along the east-west center line of said Section 24, south 88048'15" east,
2660.65 feet to the north-south center line of said Section;
t
2. Thence along said north-south center line, south 00043'21" west, 2660.31 feet to the
north quarter comer of said Section 25;
3. Thence along the north-south center line of said Section 25, south 00"35'13" west,
1664.92 to the northerly line of the south half of the northwest quarter of the
southwest quarter of the northeast quarter of said Section 25;
4. Thence along said northerly line south 88"27'37" east, 675.87 feet to the easterly line
of said south half;
.5. Thence along said easterly line of said south half, south 00"35'13" west, 332.98 feet
to the southerly line of said south half;
6. Thence along said southerly line nordi 88"27'37" west, 675.87 feet to the north-south
center line of said Section 25;
7. Thence along said north-south center line, south 00"35'13" west, 665.97 feet to the
center of said Section 25;
8. Thence continuing along said north-south center line, south 00"32'40" west, 1931.84
feet to an angle point in the boundary of lands conveyed to the City of San Diego
as described in deed, recorded on January 31, 1913, in Book 598, page 54 of Deeds
in the County Recorder's Office of San Diego County, said point being point "A"
9. Thence along said boundary as follows:
north 47"25'00" west, 146.40 feet;
north 39"04'00" west to an intersection with the southerly line of Road Survey no. 172
(Proctor Valley Road), map on file in the County Engineer's Office of said County;
10. Thence southwesterly along said southerly line to an intersection with a line
described as follows:
PAGE F:tVE OF SEVEN
II'/~
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Beginning at said Point "A"; thence along the aforesaid boundary of lands conveyed
to the City eX San Diego the following courses;
north 47"25'00" west, 146.40 feet;
north 39"04'00" west, 170.10 feet;
north 58"SS'OO" west, 109.70 feet;
north 07"00'00" west, 79.30 feet;
north ~O'OO" west, 99.00 feet;
north 47"07'OO"west, 209.40 feet;
south 19"17'00" east, 67.90 feet;
south 27"37'fXJ' east, 214.80 feet;
south 18"28'00" east, 74.50 feet to the true point of beginning of said line; thence
south 3SoSS' east, 11200 feet along said line to Point "B";
11. Thence south 3S05S' east along said line to said point "B", being a angle poipt in said
boundary;
12. Thence continuing along said boundary as. follows;
south 030SS'fXJ' east U7.S0 feet;
south 2S"23'fXJ' east, 134.70 feet;
south 210S2'fXJ' west, 67.90 feet;
south 720S4'00" west, 89.30 feet;
north S8"21'00" west, lS9.S0 feet;
south 28"26'00" east, 173.70 feet;
south 69"07'fXJ' east, 88.70 feet;
south 36"00'00" east, 291.S0 feet;
south S7"41'00" east, 67.10 feet;
south 74016'00" east, 92.S0 feet;
south 06"08'00" west, 107.30 feet to a 'point on the southerly line of said Section 2S
distant thereon 68.S0 feet westerly from the southeast comer of the southeast quarter
of the southwest quarter of said Section 2S;
13. Thence north 88"27'56" west, 308.44 feet (record - north 88"27'SS" west) along said
southerly liDe to the southeast comer of land described in deed to Western Salt
Company by Document no. 147375, recorded December 18, 19S0, in official records
of said County;
14. Thence north 41"28'OS" west, 1817.6S feet (record - north 41"38'30" west, 1817.00 feet,
more or less) along the boundary of said Western Salt Company land to an angle
point therein;
15. Thence north 64049'44" west (record - north 6S"09'30" west) to the southwesterly line
of the aforesaid Road Survey no. 172 (proctor Valley Road);
16. Thence northeasterly, at right angles to said southwesterly line, to the northeasterly
line of said Proctor Valley Road;
PAGE SIX OF SEVEN
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17. Thence northwesterly along said northeasterly line to the west line of said Section
25;
18. Thence northerly along said west line and along the west line of said Section 24 to
the point of beginning.
.
Approvod by tho Local Agoncy Formation
Commission of San Diogo
".
APR - 6 1992
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PAGE SEVEN OF SEVEN
LAFCO
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PROPOSED "SALT CREEK
RANCH REORGANIZATION"
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, an original application was filed by landowner petition of The Baldwin
Company with the Local Agency Formation Commission in November 1991 for the annexation
of approximately 1159 acres from the unincorporated area of the County to the City of Chula
Vista, and the detachment of 417 of those acres from the Rural Fire Protection District, and
WHEREAS, a Certificate of Filing was issued by LAFCO on March 23, 1992, and
WHEREAS, the 1159-acre subject territory lies north of the EastLake Business Park,
south of San Miguel Mountain, and northwest of Upper Otay Reservoir, being more specifically
described in Exhibits B and C attached hereto, and
WHEREAS, the reorganization area encompasses that land constituent to the Salt Creek
Ranch Planned Community for which the City Council approved a General Development Plan
in September 1990, and a Sectional Planning Area Plan and Public Facilities Financing Plan in
March 1992, and
WHEREAS, 240 acres of the proposed annexation area is not within the City's current
Sphere of Influence, and thereby necessitates a concurrent amendment to the Sphere boundary,
and
WHEREAS, on April 6, 1992, the Local Agency Formation Commission adopted a
written Statement of Determinations making the necessary amendment to the Sphere of Influence
boundary, and adopted a resolution approving the proposed reorganization (Reference Nos.
SA91-12; R091-14), and
WHEREAS, an initial and supplemental Environmental Impact Report (EIR-89-03 and
SEIR-91-03) were prepared for the Salt Creek Ranch development project; and were certified
according to the provisions of CEQA by the Chula Vista City Council at public hearings held
September 25, 1990 and March 24, 1992, by Resolution Nos. 15872 and 16555, respectively,
and
WHEREAS, the Local Agency Formation Commission has designated the City of Chula
Vista as conducting authority and referred the matter for determination, and
/1..-/7
WHEREAS, the purpose of the annexation is to facilitate development of the Salt Creek
Ranch project through the provision of a full range of necessary municipal services by the City
of Chu1a Vista, and
WHEREAS, the property to be annexed will not be taxed for general bonded
indebtedness of Chu1a Vista, and
WHEREAS, the regular County assessment roll shall be utilized, and
WHEREAS, pursuant to Sections 57002, 57025, 57026 of the Government Code, the
matter was set for public hearing at the Council meeting of May 19, 1992, at 6:00 p.m. in the
Council Chambers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, pursuant to the provisions of the Cortese/Knox Local Government Reorganization Act of
1985 as amended, approves the reorganization with modified boundaries as described in Exhibits
B and C (metes and bounds and plat map as approved by LAFCO, April 6, 1992) attached
hereto, subject to the following terms and conditions:
1. The boundaries of the territory as described in Exhibits B and C are definite and
certain.
2. The boundaries of the territory do conform to the lines of assessment and
ownership.
3. The City of Chu1a Vista does hereby order said reorganization.
4. The City Clerk of the City of Chu1a Vista be, and she is hereby authorized and
directed to transmit a certified copy of this resolution in accordance with Section 57200 of the
Government Code.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
D. Richard Rudolf
Assistant City Attorney
(SCReorg.res)
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PUBLIC HEARlNG CHECK LIST
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SENT TO STAR NEWS FOR PUBLICATION -- BY FAX~BY HAND_; BY MAIL
PUBLICATION DATE ~\, CJ ) \ C\ ~ 2-
MAILED NOTICES TO PROPERTY OWNERS ~ NO. MAILED -P-'- ~
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK L{ / ~) /q 2-
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COPIES TO:
Administration (4) ~
Planning V
Originating Department
Engineering /'
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POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
-58-
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NOTICE OF PUBLIC HEARING
BY TIlE CHUlA VISTA CITY COUNCIL
CHUlA VISTA, CAUFORNIA
NOTICE IS HEREBY GNEN THAT THE CHULA VISTA CITY COUNCIL will hold a public
hearing to consider the following:
An amendment to the Sphere of Influence and a territorial
reorganization known as the "Salt Creek Ranch
Reogranization. "
If you wish to challenge the City's action on this matter in court, you may be litnited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 19,
1992, at 6:00 P.M. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED:
May 6, 1992
Beverly A. Authelet
City Clerk
\\- .)-D
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA will hold a public hearing for consideration of an amendment to the
Sphere of Influence and a territorial reorganization known as the "Salt Creek Ranch
Reorganization" . The action involves the addition of 240 acres to the Sphere of Influence,
annexation of 1159 acres to Chula Vista from unincorporated San Diego County, and the
detachment of 417 of those acres from the Rural Fire Protection District, as provided by
resolution SA91-12/R091-14, and in accordance with the Terms and Conditions, adopted by the
Local Agency Formation Commission (LAFCO) at its hearing on April 6, 1992.
Said reorganization was initiated on January 28, 1992 by landowner petition (The Baldwin Co.)
for the purpose of annexation to Chula Vista as necessary to provide for development of the
previously approved Salt Creek Ranch master planned community. The northernmost 240 acres
of the 1159 acre master plan are outside the City's current Sphere, and are proposed for
inclusion so as to consolidate the ownership boundary within one Sphere and jurisdiction.
The involved territory is uninhabited and situated in the southern foothills of San Miguel Mtn.,
generally bounded by Eastlake Business Park on the south, the San Miguel Ranch properties to
the west, San Miguel Mtn. to the north, and upper Otay Reservoir to the east, being more
specifically described by the legal meets-and-bounds and plat map contained in LAFCO's
resolution SA91-12/R091-14, and on file in the City Planning Department.
Any owner of land within the subject territory may file a written protest with the Office of the
City Clerk of Chula Vista any time prior to the time of meeting described in this notice.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON TUESDAY,
MAY 19, 1992 at 6:00 pm in the Council Chambers, Public Services Building, 276 Fourth
Ave., Chula Vista.
Dated: April 29, 1992
File: DD-071 (Reorg)
Beverly A. Authelet
City Clerk
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SALT CREEK RANCH
Diego
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PROPOSED SALT CREEK RANCH REORGANIZATION
AREA TO BE DETACHED FROM THE
RURAL FIRE PROTECTION DISTRICT
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CITY OF CHULA VISTA PLANNING DEPARTMENT-ADVANCE DIV. 4/29/92 C.Covarrublas
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AMENDMENT
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San Miguel Partners
c/o First City California
Mr. Robert Santos
President
EastLake Development Co.
W . ...~"ww, I_IL i~~
Chula Vista, CA 91913
Watson-McCoy, LTD.
c/o Timothy Wi~
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San Diego, CA 92130
Douglass Offutt
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French Gulch, CA 96033
Wadie P. & Mary-Lynn Deddeh
c/o Dendy Real Estate &
Investment
Escondido, CA 92046
iames W. _ Anderson ---,
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El Cajon, C. 92020
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Gary D. Hicks
lr Cajon, CA 920!
~avid J. & Dorothy M. Sevel
'Redrands, CA 92373
Roland Heuschele
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Bonita, CA 91902
Jacqueli
.,
an Diego, CA 92104
Grant F. Clarkson
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San Diego, CA 92115
I Helen D. Pfilrd
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Los Angeles, CA 90035
Inc.
91911
Ann L. Umbre 11
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Ms. Jane P. Merrill
Executive Officer
LAFCO
, San Diego City Clerk
~101
San Diego County Clerk
San Diego, CA 101
Lauren Wasserman
Director
County of San Diego
f Dept. of Planni
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~ Ms. Joan Werner
County of San Diego
, Department of Public Works
, Road Division
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Susan Baldwin
SANDAG
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. General Manager
1 Otay Water Di s tri ct
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Mr. Gregory T. Smith
FN Products, Inc.
c/o The Baldwin Company
u""' ~ ~. - , "1_
San Diego, CA 92130
council Agenda statement
Item: 12..
Submitted by:
Meeting Date: May 19, 1992
Ordinance No. 2.t)JS- Adding a New Chapter 2.15 to
the Chula vista Municipal Code to contain Provi-
sions Generally Applicable to all Boards, Commit-
tees and commissions, Restricting Consideration by
the City's various Advisory Groups of Matters that
Directly Involve a Dispute between an Entity with
which the city does Business and an Organized
Bargaining unit of that Entity ~_J)
Bruce M. Boogaard, City Attorneyl ~
Item Title:
Agenda Classification:
( ) Consent
(XX) Action Item
( ) Public Hearing
( ) Other:
4j5ths Vote: ( ) Yes (X) No
Referral No. 2580
At their meeting of March 26, 1992, the City Council directed the
staff to prepare an ordinance which clarifies that "no board, com-
mission or committee of the city shall become involved in personnel
matters of entities with which the City conducts business, without
first obtaining the advice and recommendation of the city Manager
and the City Attorney, and then only with the consent of the
Council." The attached ordinance will accomplish that purpose.
Recommendation:
At the council's pleasure, adopt the attached ordinance. The
proposed ordinance is in response to a Council directive, and the
City Attorney is not advocating same.
Boards and Commissions Recommendation:
All members of the Human Relations Commission were sent a copy
of this report and asked to provide their input. One member had
typographical corrections which were made.
Discussion:
The attached ordinance will add a new chapter and section to
the Municipal Code which will basically provide as follows:
limit1.wp
May 14, 1992
Al13 and Ord. re Labor Dispute Matters
Page 1
/2- ~ (
, ~,
\-'
Notwithstanding any other provision to the contrary in
this Code contained, no board, commission or committee of the
City of Chula vista shall, without prior permission from the
City Council on the advice and recommendation of the City
Manager and city Attorney, commence the study or deliberation
of, or take action with regard to, an issue, matter or concern
which directly involves a dispute between the management of an
entity with which the city does business and an organized
bargaining unit of that entity."
options considered in Draftinq the Prohibition:
1. "directly involves a dispute".
The attached ordinance only applies if a matter before a com-
mission directlv involves a labor dispute. This leaves room for
consideration of many items which may have an indirect impact on
such labor matters. The proposed language is recommended in
recognition of the principle of "legislative abstention"Y,
explained as follows:
The purpose of the provision in the first instance was
designed to address a particular incident in a particular setting
in which an organized bargaining unit of an entity with which the
City did business attempted to involve the City in what may
essentially be considered a collective bargaining matter between
them and their employer.
The limitation of the provision to only direct matters is
recommended because this Office does not think it appropriate to
unnecessarily constrain the jurisdiction of our advisory groups
without a specific situation presenting an evil that the legis-
lation is designed to correct. It occurs to this Office that many
matters which are legitimately the subject of commission inquiry
may have an indirect impact on personnel relations of entities with
which the city does business.Y
If the Council would like a broader scope
they may wish to consider replacing the phrase:
a dispute" with either of the following:
to the restriction,
"directly involves
1. The concept of legislative abstention is that a government
should legislate only to the extent necessary to address a
particular evil that can not be corrected by less intrusive means.
2. Two that come to mind would be the hours of operation of our
visitor Information Centers, or whether to use our video taping
contract to tape Councilor Planning Commission meetings.
limit1. wp
May 14, 1992
Al13 and Ord. re Labor Dispute Matters
Page 2
I~ ..2.
" d
"primarily involves a dispute"
"involves a dispute"
2. "an organized bargaining unit of that' entity"
The prohibition on advisory group involvement only applies
where the dispute is between management of a contractor or other
entity with which the City does business and an organized
bargaining unit of that entity. This leaves room for consideration
by our boards and commissions of matters directly involving an
employee issue of an entity where the employee is not represented
by an organized bargaining unit.
The reason for this narrow draftsmanship is again the
principle of "legislative abstention". The situation which gave
rise to the proposed amendment involved an organized bargaining
unit that was fully capable of representing itself and it's issues
at the collective bargaining table. Depending on the next
circumstance that may arise in regard to this issue, we may desire
the advice of our advisory groups on matters that may involve an
unrepresented employee or group of employees of entities with which
we do business. If we do not so desire same, we can always amend
the ordinance at that time.
If, however, the Council disagrees with this premise, they may
wish to amend the provision to replace the subject language with
the following:
"an employee or group of employees of that entity".
3. "an entity with which the City does business"
As written, the prohibition only prohibits our commissions
from getting involved with the designated personnel matters of
other third party entities with which the City does business.
Nothing in the proposed language would prohibit a City commission
from getting involved with labor disputes internal to the City,
such as one of the City's own bargaining units bringing a complaint
before one of our own commissions about the city's management.
,
There is not now, and there has never been to the knowledge of
this author, a situation wherein one of the bargaining units of the
City appealed to a City Board or Commission over a matter which was
the subject of the "meet and confer process" required by the
Meyers, Milias, Brown Act.
Such a subject matter does not appear to be within the scope
of Referral No. 2580, attached, or the minutes relative thereto.
However, it has been suggested to this author that the Council may
limit1.wp
May 14, 1992
Al13 and Ord. re Labor Dispute Matters
Page 3
I~ -3
also desire code amendments prohibiting our own Boards and Commis-
sions from getting involved in labor disputes involving our own
bargaining units.
If that is the case, I would recommend that the Council
consider replacing the phrase: "an entity with which the city does
business and an organized bargaining unit of that entity," with the
phrase:
"the City or an entity with which the city does business
and an organized bargaining unit of the City or that
other entity."
Fiscal Impact:
Negligible savings in staff and commission time may be
experienced in have fewer labor-related matters to deal with.
limitl.wp
May 14, 1992
Al13 and Ord. re Labor Dispute Matters
Page 4
12'''1
COUNCIL AGENDA STATEMENT
Item~
ITEM TITLE:
Meeting Date 5/19/92
Resolution lID '5cr8 amending the Council Policy on sewer service to
property not within the City boundary.
SUBMITTED BY: Director of Public wory
REVIEWED BY: City Manage;;? (4/5 Vote: Yes_NoX)
Council Policy 570-02 was creat~ allow County residents near existing City sewers who were
not contiguous to the City boundary and, thus not able to annex, to connect to City sewers. On
April 21, 1992, the City Council reviewed that policy and directed that stafflook at an additional
alternative and return with a report.
.
RECOMMENDATION: Adopt the resolution amending the Council Policy on Sewer Service
to property not within the City boundary.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Current Council Policy 570-02 concerning sewer service to property not within the City
boundary states that:
"Any property for which connection to the Chula Vista sanitary sewer has been requested
must constitute or be a part of an area which could logically be part of an area which
could logically annnex to the City or for which a formal petition for annexation has been
fIled with the City. "
As indicated in the April 21, 1992 Council agenda statement, the City has a few sanitary sewer
lines running through unincorporated areas and residents of those areas have requested sewer
service. A copy of that agenda statement is attached.
At that previous Council meeting, the Council considered as a policy question whether or not
to allow residents in the unincorporated area to connect to City sewers without annexation. At
that meeting staff was directed to look at other alternatives which would permit unincorporated
area residents hook up to the City sewer in cases where annexation was not possible. Staff was
directed to look at the existance of a sewer line as an asset which could be used to offset City
costs.
As of April 21, properties that had requested to hook up to the City sewer were 4308 and 4345
Acacia Avenue, two properties on Proctor Valley Road and 3 in the Lynwood Hills area that
\ ':!:. * \
Page 2, Item ~
Meeting Date 5/19/92
.
have been connected in the past, but were not annexed. The details of those properties are
discussed in the previous agenda statement. With the exception that Mr. Raul Flores, on Proctor
Valley Road, wishes to construct only 2 units now, not a 25 unit subdivision as previously
stated, the previous information is still valid.
In addition to those connections, staff has received an inquiry about sewer service from a Mr.
Charles Moody at 4208 Acacia Ave. since this item was last before the Council. This additional
request is shown on Exhibit" A". Mr. Moody is attempting to sell his home and, as part of the
proposed sale, the lending institution has required the failing septic system to be eliminated and
the property hooked up to the sewer. We have been advised that the County Health Department
has condemned the system. As shown on Exhibit' A', there are two sewers in Acacia Avenue
in front of the property. Spring Valley Sanitation District has an 8" line on the east side of the
street and the City has a 12" line in the west side of the street. Even though there is a Spring
Valley sewer in the street, the property is not in the Spring Valley Sanitation District. When
the property owners approached Spring Valley about hooking up, they were told they had to go
to the City of Chula Vista. Representatives for the Spring Valley Sanitation District advised us
that, when a property seeking sewer service is within a city's Sphere of Influence and contiguous
to a city boundary, they follow LAFCO's Sphere policy and refer the property owners to the
city. When they approached the Engineering Division, they were advised that, since they were
contiguous to the City boundary, they would have to annex to the City before receiving service.
Both Mr. Moody and the prospective buyer are apparently very adamant about not annexing.
It is our understanding that some of their concerns relate to zoning regulations for the keeping
and raising of horses and other animals. In working with the Planning Department, it has been
determined that current County zoning could remain as interim zoning until such time as the City
undertakes a more comprehensive study of conditions in the Bonita area. That study would
include a review of animal regulations. This approach is similar to that proposed for the Bonita
annexation effort in 1987-88, and expressed by prior section 19.72 of the Chula Vista Municipal
Code. Both Mr. Moody and Scott Shields, his real estate agent, have been informed of this
zoning approach. Mr. Shields indicated they still do not want to annex.
Since the property is neither in the Spring Valley Sanitation District nor in the City, it would
have to be annexed to one of the agencies. Since the area is within the City's Sphere of
Influence, LAFCO policies indicate that, if the City is willing to provide the services, they are
the agency of first choice for annexation. The proponents are trying to argue with LAFCO that
the City is not willing to serve them since we refuse to do so until they annex. LAFCO's staff
has preliminarily indicated that they agree with City staff's position that we are willing to serve
and that the property owner is not willing to accept that service because of the conditions. If
Council adopts this policy, it appears that Mr. Moody will have to annex to the City in order
to receive sewer service.
CITY SEWER AS AN ASSET
Based on previous Council direction, staff has reviewed several options which would treat the
sewer as an asset and allow properties that cannot annex to connect to the sewer.
The first area is in the area of charging additional fees for hooking up to the sewer initially.
\;-'-
Page 3, Item ~
Meeting Date 5/19/92
Since the City will incur undeterminable administrative and overhead costs in hooking up and
serving property not within the City boundary, it is justified to charge an additional fee that will
be deposited in the General Fund to offset those future costs. The City has no duty to serve
those properties and may charge for the right of those properties to acquire City services. Staff
is recommending that the additional fee be equal to the total sewer capacity charge which the
property owners are required to pay. The City Attorney has indicated this policy is legally
acceptable.
In the area of ongoing additional charges, staff looked at the possibility of charging an additional
service charge as part of the monthly sewer bill. Under the State guidelines for preparation of
a revenue plan, all properties receiving sewer service are to pay their fair, proportionate share.
Since all legitimate operation and maintenance costs, including overhead expenses, are built into
the monthly rate, it does not appear appropriate, under those guidelines, for the City to charge
a higher monthly sewer service rate for property outside the City limits than for property inside
the City limits.
AMENDMENT TO SEWER POLICY
Staff is recommending the following changes to Council Policy Number 570-02, "Sewer Service
to Property Not Within the City Boundary":
1. The current policy states that any property which seeks to connect to the City sewer
"must constitute or be a part of an area which could logically annex to the City or for
which a forrnal petition for annexation has been filed". It does not specifically require
properties to actually annex; it only requires the property owner to agree in writing not
to oppose current or future annexation. The proposed policy requires annexation to the
City before a sewer connection may be allowed unless certain exceptions are present.
Annexation under the proposed policy is defined as " the completion of annexation
proceedings whereby the territory is deemed to be within the City of Chula Vista."
However, the proposed policy also provides that if the property owner executes a
disconnect agreement to allow the City to disconnect the sewer should annexation fail,
annexation is defmed as "the ftling of a forrnal petition for annexation with the City and
the filing of an annexation application with LAFCO." This later definition will allow the
property owner to hook up to the sewer sooner than if they had to wait until annexation
was complete.
2. Due to the costs involved in hooking up to the sewer and paying annexation fees, the
policy provides that the City may advance the annexation fees from the sewer fund
provided that the owner enter into an agreement to repay those fees over a period not to
exceed two years. Since the current policy does not specifically require annexation, there
is no provision in it for advancing the annexation fees as a loan. The advancing of the
annexation fees is reasonable in light of the amount of fees to be paid by the applicant.
3. For properties where annexation is beyond the control of the connectee, sewer service
may be permitted on the condition that the proposed connectee enters into an
"Annexation and Disconnection Agreement" with the City. Under the current policy, the
only agreement the property owner must make is that they agree not to oppose any then-
\~ ..~
Page 4, Item ~
Meeting Date 5/19/92
current or future procedures to annex. The proposed agreement is much more
comprehensive and gives the City more assurance that the property can be annexed when
it becomes feasible.
4. The "Agreement" shall provide that the owner shall diligently prosecute an annexation
application when the City determines annexation is feasible. The property owner shall
also pay to the City one-half of all applicable annexation fees which are in effect at the
time. The City shall hold those fees in trust to pay the costs of future annexation
proceedings. The deposit is equal to only one-half the annexation fee on the basis that
at least one other property will also have to annex and would pay the other part of the
fee. The City would refund any unused portion of these fees after annexation occurs.
5. The "Agreement" also provides that, in addition to all applicable sewer capacity and
other sewer charges, the property owner shall pay for the right to acquire City services
by paying an amount equal to the total sewer capacity charge. This amount shall be paid
to the City General fund and is currently equal to $2,220. This amount would change
each time our sewer capacity charge is revised.
6. The "Agreement" further provides that no new construction and/or development shall be
permitted to connect to sanitary sewer without: 1) annexation to the City of Chula Vista;
or 2) authorization of the City to further develop the property without annexation. Under
this paragraph, the City would review each request to determine whether or not
annexation has become feasible since previous sewer connections were made by this same
property.
The current annexation fee charged by LAFCO is variable depending on the size of the
annexation. For properties of 1 acre or less, the fee is $2,000. A property owner able to annex
would be eligible for a loan from the Sewer Fund in the amount of $2,000. The owner not able
to annex would have to deposit $1,000 with the City to be held in trust for future annexation.
The current sewer capacity charge is $2,220. The Sewer fund would receive that much for each
new connection, and the General Fund would receive that much for each property to be
connected to the sewer that could not annex.
FISCAL IMPACT: In addition to the above revenues, the annexation of properties into the City
will have an incalculable fiscal impact on general fund revenues and subventions, although
generally the City receives about $60 per capita per year for each new resident from State
subventions. The connection of properties to the sewer system will also increase sewer revenues
and costs for treatment. There is also the potential for loans from the sewer fund for annexation
fees.
CLS(CLSISWRPOIA.All)
l~..~
COUNCn... AGENDA STATEMENT
Item aot
Meeting Date 4/21/92
SUBMITTED BY:
Resolution amending the Council Policy on sewer service to
property not within the City b~und/.
Director of Public worv ~
City Manager (4/5 Vote: Yes-.No--x.)
ITEM TITLE:
REVIEWED BY:
Council Policy 570-02 was created to allow County residents near existing City sewers who were
not contiguous to the City boundary and, thus not able to annex, to connect to City sewers. The
policy states that any County resident wishing sewer service from a City sewer main must enter
into an agreement with the City to not sign a written protest petition, or otherwise file a formal
written or oral protest of annexation at the Conducting Authority level of annexation
proceedings. In a previous action, a resident of El Rancho Vista that had requested annexation
and sewer service was denied that service because the area opposed annexation. Staff has
received several requests for sewer service from county residents and, in light of the policy and
past actions, believe that the policy needs to be reviewed.
RECOMMENDATION: Adopt the resolution amending the Council Policy on Sewer Service
to property not within the City boundary.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Council Policy 570-02 concerning sewer service to property not within the City boundary states
that:
. Any property for which connection to the Chula Vista sanitary sewer has been requested
must constitute or be part of an area which could logically annex to the City or for which
a formal petition for annexation has been filed with the City. .
.
The City has a few sanitary sewer lines running through unincorporated areas where residents
have requested sewer service. In one case the resident lives immediately adjacent to the City
and could be required to annex. In another case the resident is separated from the City by a few
other developed properties, but is close enough to be annexed if these few properties were also
included. In still another case a request has been received for sewer service from a resident of
the County that is so far removed from the City boundary that annexation is not logical. The
last case consists of several properties that have previously signed the required agreement and
received sewer service, but have not actually been annexed to the City.
\~"1
Page 2, Item~q
Meeting Date 4/21/92
ACACIA AVENUE SEWER
In order to provide sewer service for Bonita Long Canyon, the developer extended the sewer
along Acacia Avenue to join an existing Spring Valley sewer line in Acacia south of Fallbrook
Court as shown on Exhibit A. The City maintains this sewer as a City sewer even though it
runs through unincorporated area. Residents at both 4308 and 4345 Acacia have requested
sewer service from the City.
As shown on Exhibit A, the owner of the property at 4308 Acacia, Mr. Meliton Rodriguez, was
advised that since he was contiguous to the City, he would have to annex before receiving sewer
service. Since LAFCO's fees for annexation are $2,000, we suggested that he contact his
neighbors who could join the annexation, thereby lowering the costs associated with the
annexation by spreading them over more properties. These other owners would then also be
eligible for City sewer service. We have had no response from Mr. Rodriguez.
The owner of the property at 4345 Acacia Avenue, Mr. Saxon Wraith, also wishes to connect
to the City sewer, but he is not able to be annexed to the City without other property owners
also annexing because he is not immediately adjacent to the City boundary. In the past this was
interpreted to mean that the property owner could sign an agreement to not sign a written protest
petition against annexation, or otherwise me formal written or oral protest of annexation at the
Conducting Authority level of annexation proceedings. This agreement, in accordance with the
changes made in the policy as a result of the El Rancho Vista proposed annexation, does not
affect the right of said property owner to vote against annexation in any annexation election that
may be called. Mr. Wraith has indicated that he desires to hookup now, but that his septic
system has not failed.
PROCTOR V ALLEY SEWER
In order to provide sewer service for the Salt Creek I development, the developer constructed
a sewer trunk from the subdivision down Proctor Valley Road to the Frisbee Trunk Sewer
owned by the Spring Valley Sanitation District in the vicinity of Bonita Meadows Lane as shown
on Exhibit B. The City will own and maintain this line as a City sewer. Two property owners
have requested sewer connections to the Proctor Valley Trunk.
The first is Mr. Michael Roark. Mr. Roark's property is located at the northern end of the line
as shown on Exhibit B near where the sewer trunk joins the Frisbee line. This individual has
requested two connections; one for his existing residence and one, apparently, for a future lot
split. Because of the location and distance from the City boundary, his property does not
constitute an area which could logically annex to the City. We have informed Mr. Roark that,
at this time, we could not approve the proposed connections because of the City policy and
because the proposed 8" lateral appears to be designed to allow further subdivision of his
property and that we could not go along with it until his proposed development has been
reviewed by the City and County Planning Departments.
Related to this, however, the County Water Authority is also negotiating with Mr. Roark
\$-1$
Page 3, Item(~0
Meeting Date 4/21/92
because their proposed water line will sever his leach field and the proposed lateral would
remedy the severance damage for the Authority. The County Water Authority requested they
be allowed to COMect both Mr. Roark's property and one other property to reduce their
severance damages. On April 7, 1992, the Council reviewed the Authority's request and
approved Resolution 16564 which approved "Special Sewer COMections For The San Diego.
County Water Authority For Properties Located In Proctor Valley". These special sewer
COMections were very clearly not precedent setting and could not be used by other property
owners in the area to justify future coMections which do not meet our policy. Attached is a
copy of Resolution 16564.
The second requested connection is by Mr. Raul Flores and was proposed for near the upstream
end of the trunk as shown Exhibit B. Mr. Flores requested a COMection for an 8" lateral which
would serve a 25 unit subdivision. There is nothing on Mr. Flores' property now and the
County Planning Department advises us that Mr. Flores has not filed for a tentative map. We
advised Mr. Flores that we could not approve a COMection at this time, but would be willing
to consider doing so as part of a development proposal. Mr. Flores' property is closer to the
City boundary and, by including some adjacent vacant parcels, could feasibly aMex to the City.
L YNWOOD lllLLS SEWER
As shown on Exhibit C, the City sewer has been extended into the Lynwood Hills area of the
County to serve 2 residences currently, plus one additional residence that has requested
connection, but, apparently, has never made the actual hookup. All four property owners have
signed the annexation agreement.
EL RANCHO VISTA PROPOSED SEWER
In early 1990 a resident of the unincorporated area on El Rancho Vista Drive east of Hilltop
Drive requested a sewer COMection from the City. In order to provide the service the residents
would have had to assess themselves for installation of a sewer line in EI Rancho Vista Drive
and to annex to the City so that we could form the assessment district. The other residents in
the area strongly objected to the annexation and, as a result, both the aMexation and sewer
extension were dropped from further consideration.
Also, as result of the questions brought up during the aMexation hearings, the City's policy on
"Sewer service to property not within the city boundary" (policy Number 57D-(2) was amended.
The previous policy required that "the owner of property seeking coMection shall agree in .
writing not to oppose any then current or future procedures to aMex his or adjacent properties
to Chula Vista." The amended policy clarified that the owner shall agree not to sign a written
or formal protest of aMexation, but that their rights to vote in any aMexation election are not
affected. The resident could still vote against aMexation in any election which might be called
on the subject.
In order to determine what policies other cities follow regarding sewer COMections to non-city
residents, staff did a survey of other cities in the County. The details of that survey are shown
\~-'1
Page 4, Item?C1
Meeting Date 4/21/92
in Exhibit D. In summary, of the cities that have responsibility for the sanitary sewer system,
most require annexation to the City, not just an agreement to annex, before allowing the
COMection. In nearly all of those cases, however, the City makes provisions for COMecting to
the sewer when a health and safety hazard exists due to a failed septic tank system. Even in that
situation the cities require an agreement to annex when annexation becomes feasible.
AMENDMENT TO SEWER POLICY
Based on previous Council actions and staffs survey of other cities policies, staff is
recommending an amendment to Council Policy Number 570-02, .Sewer Service to Property
Not within the City Boundary.. The proposed changes are as follows:
1. The policy requires annexation to the City before a sewer coMection may be allowed
unless certain exceptions are present. Annexation is defmed as filing of a formal petition
with LAFCO, and not actual completion of annexation which would delay the actual
connection.
2. Due to the costs involved in hooking up to the sewer and paying annexation fees, the
proposed policy provides that the City may advance the annexation fees from the sewer
fund provided that the owner enter into an agreement to repay those fees over a period
not to exceed two years.
3. For properties that are in close proximity to the City, but are not contiguous to the
boundary, the City may permit connection to the sanitary sewer system for residential
property where there is a failed septic system, subject to some conditions. These
conditions are: The County Health Department certifies a failed septic system and the
health hazard; the property owner makes an attempt to put together a viable annexation
by contacting the adjacent property owners; if annexation is not feasible the property
owner shall enter into an annexation agreement; and no new construction and/or
development shall be permitted to connect without annexation.
4. If the property is at a longer distance from the City boundary and is adjacent to a City
sewer which utilizes the facilities of another sanitation district, the City shall permit
coMection to the City facilities subject to an annexation agreement. Any sewer mains
installed to service the property which COMect to the City sewer shall be dedicated to the
City for control of future hookups.
5. The sewer policy specifies that the agreement to annex shall include an agreement to
annex when the City determines it is appropriate that is a covenant running with the land,
shall apply to all successors in interest, and shall be specifically enforceable. It also
provides that any costs to enforce the agreement shall be a lien on the land. The policy
further provides that the property owner shall deposit the amount of all applicable
annexation fees with the City to be used to pay the costs of annexation when annexation
becomes feasible. Last, the policy provides that, if an annexation effort fails, at any time
thereafter, the City has the option, with six months notice, to terminate sewer service.
Under terms of the proposed sewer policy, Mr. and Mrs. Wraith, at 4345 Acacia Avenue, would
be advised that they could not connect to the City sewer unless they annexed, or unless their
\'~- I 0
Page 5, Item~
Meeting Date 4/21/92
septic tank had failed and they had a letter from the County Health Department attesting to the
health hazard. The City would not allow Mr. Rodriguez, 4308 Acacia Avenue, to connect
without annexation, even with a failed septic system, since he is contiguous to the City
boundary.
Since the Roark parcel in Proctor Valley is at a distance from the City boundary and could not
logically annex to the City they would be allowed to connect to the City sewer provided they
signed the agreement to annex, paid the necessary fees and deposits, and met all other conditions
of this policy. Property owners in lower Proctor Valley would be permitted to connect any new
development as well as existing development, provided all our conditions are met.
Mr. Flores would be advised that they could not connect to the sewer trunk for new development
unless they annexed to the City since, in this case, it is feasible to annex.
The sewer policy does not indicate whether we should annex the Lynwood Hills sewer users.
From the point of providing other City services such as police and fire, it does not necessarily
appear logical to annex those parcels now. Unless instructed otherwise, we will not initiate
annexation proceedings.
FISCAL IMPACT: The annexation of properties into the City will have an incalculable fiscal
impact on general fund revenues and subventions, although generally the City receives about $60
per capita per year for each new resident from State subventions. The connection of properties
to the sewer system will also increase sewer revenues and costs for treatment. There is also the
potential for loans from the sewer fund for annexation fees.
CLS(A2:\SEWER.113)
LY-086-7
KY -054
~ S..\ \
RESOLUTION NO. I fJ, '5 'I f"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COUNCIL POLICY ON
SEWER SERVICE TO PROPERTY NOT WITHIN THE CITY
BOUNDARY
The city Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, Council Policy 570-02 was created to allow
County residents near existing City sewers who were not contiguous
to the City boundary and, thus not able to annex, to connect to
City sewers; and
WHEREAS, Council Policy 570-02 states that any County
resident wishing sewer service from a City sewer main must enter
into an agreement with the city to not sign a written protest
petition, or otherwise file a written or oral protest of annexation
at the Conducting Authority level of annexation proceedings; and
WHEREAS, in a previous action, a resident of El Rancho
Vista has requested annexation and sewer service was denied because
the area opposed annexation; and
WHEREAS, staff has received several requests for sewer
service from county residents and, in light of the policy and past
action, believes that the policy needs to be revised.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does amend Council Policy 570-02 on sewer
service to property not within the city boundary as set forth in
Exhibit "A", attached hereto and incorporated herein by reference
as if set forth in full.
John P. Lippitt, Director of
Public Works
d as to
4
Presented by
Bruce M.
Attorney
c: \RS\Wraithl
13-1/,3-/2
COUNCJ:L POLJ:CY
CJ:TY OF CHULA VJ:STA
SUBJECT: SEWER SERVICE
POLJ:CY NUMBER: 570-02
ADOPTED BY RESOLUTJ:ON:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTJ:VE DATE:4-21-92 PAGE: 1 OF 4
NO. DATED: 4-21-92
BACKGROUND
The City has from time to time received requests to permit
connection to the Chula vista sanitary sewer system by properties
not within the City boundary. Each request has been handled on an
individual basis as to how to respond to these infrequent
applications. A policy statement is needed to guide staff in
providing legal and efficient service to the public.
PURPOSE
To establish a policy regarding connection to the Chula vista
sanitary sewer system by property not within the incorporated
limits of the City.
POLICY
The city Council hereby establishes the following policy and
procedures relative to connection to Chula vista sanitary sewers by
properties not within the incorporated limits of the city:
1. Basic Policv--Annexation Reauired. Except as provided below,
any property for which sanitary sewer service has been
requested must first annex to the City. "First annex", as the
term is used herein, shall mean "the completion of annexation
proceedings whereby the territory is deemed to be within the
City of Chula vista" except that if the proposed connectee
executes a Disconnect Agreement in a form satisfactory to the
city, "first annex" shall mean the "filing of a formal
petition for annexation with the city and the filing of an
annexation application with LAFCO". Among such other matters
as the parties may agree upon, such Disconnect Agreement shall
provide that the connectee agrees to diligently and in good
faith prosecute and support the annexation effort and further
agrees that, if the annexation should fail, the city may, upon
6 months advance written notice, disconnect the sewer line
without cost, expense or liability for doing so.
a. Property for which sewer connection is sought must either
front upon a sanitary sewer in the City system, or front
upon the logical extension of such a sewer.
b. None of the cost of any sewer main extension required to
serve property beyond the City boundary shall be borne by
the city. Such sewer extensions shall be constructed in
conformity with City standards and shall be dedicated to
the City for public sewer purposes in a manner approved
by the City Engineer. When appropriate, such sewer
\ ~- \~
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 2 OF 4
NO. DATED: 4-21-92
extensions may be subject to reimbursement agreements.
c. The owner of property seeking connection shall pay all
applicable non-capacity charges related to connecting to
the sewer as levied by the City. In addition, they shall
pay to the city of Chula vista a sewer capacity charge
which is equal to the higher of the capacity charge
imposed by either the City or the sanitation district
which would logically provide service to the site sought
to be connected.
d. The owner of property seeking connection shall pay any
costs, fees or charges by any governmental agency other
than Chula vista which are relative to and! or
necessitated by the construction of sewer facilities to
serve the property seeking connection.
e. The City may, upon request of the property owner, advance
the cost of annexation fees from the sewer fund to help
defray immediate expenses. The property owner shall
enter into an agreement with the city to repay those fees
over a period of time not to exceed two years. The
repayment shall be added to the property owners sewer
billing and non-payment shall be cause for disconnection
from the sewer system.
2. Properties Where Annexation is Bevond the Control of Proposed
Connectee. In situations where the property may not be
immediately annexed, either due to lack of proximity, or where
the property is in close proximity, but not contiguous to, the
city boundary and other owners will not consent to annex so as
to make annexation impossible, service may be permitted on the
condition that the proposed connectee shall enter into an
"Annexation and Disconnection Agreement" with the City in a
form acceptable to the City which provides for the following:
a. The owner of property seeking connection shall agree in
writing to file and diligently prosecute a formal
petition for annexation with the City, and file and
diligently prosecute an annexation application with LAFCO
when the City determines annexation is logical. Said
agreement shall be a covenant running with the land,
shall apply to all successors in interest and shall be
specifically enforceable. The agreement shall specify
that, in connection with any enforcement action taken by
the City, attorney's fees and court costs shall be a lien
\:3.-\~
1;
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 3 OF 4
NO. DATED: 4-21-92
on the land. The agreement may, to the extent permitted
by law, also provide that the property owner shall sign
an undated annexation petition and grant irrevocable
power of attorney to the City to date the petition and
prosecute the annexation petition.
b. The owner of property seeking connection shall pay all
applicable non-capacity charges related to connecting to
the sewer as levied by the City. In addition, they shall
pay to the City of Chula vista a sewer capacity charge
which is equal to the higher of the capacity charge
imposed by either the City or the sanitation district
which would logically provide service to the site sought
to be connected.
c. The property owner shall pay to the City an additional
amount to the city which is equal to the total sewer
capacity charge as itemized in paragraph b. above. This
amount shall be paid to the City General Fund and shall
be used to offset any administrative, overhead, or other
costs the city incurrs as a result of providing the
municipal service outside the city boundary.
d. The property owner shall pay to the City one-half the
amount of all applicable annexation fees, including City
and other agencies fees, which are then in effect. The
city shall hold these fees in trust to be used to offset
the fees required to be paid at the time of the future
annexation. The city will enter into a reimbursement
agreement to repay any portion of the fees deposited
based on other contributors when the property is annexed.
e. If an annexation effort first fails, at any time
thereafter, city will have the option, without liability,
and on 6 months notice, to terminate sewer service. The
property owner will be obligated, upon such termination,
to pay for any "not previously collected" charges for
sewer service, and such monetary obligation shall be a
lien against the property.
f. The agreement shall provide that the owner agrees not
oppose any then-current or future procedures to annex
their, or adjacent properties, to the City of Chula
vista. It shall also provide that the owner agrees not
to sign a written protest petition, or otherwise file a
formal written or formal oral protest of annexation at
\ 1... )4$
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SEWER SERVICE
POLICY NUMBER: 570-02
ADOPTED BY RESOLUTION:
TO PROPERTY NOT WITHIN THE CITY BOUNDARY
EFFECTIVE DATE:4-21-92 PAGE: 4 OF 4
NO. DATED: 4-21-92
the Conducting Authority level of annexation proceedings.
However, nothing herein shall affect the right of the
property owner to vote in any annexation election that
may be called.
g. The agreement shall provide that no new construction
and/or development shall be permitted to connect to
sanitary sewer without annexation to the City of Chula
vista or authorization of the city to further develop the
property without annexation has been given.
3. No sewer service shall be provided to any property beyond the
City boundary unless and until written approval of that
specific service has been received by the city Engineer from
the city of San Diego pursuant to terms of the sewage Disposal
Agreement of 1960.
4. Upon connection to the Chula vista sanitary sewer system the
property so served shall be subject to any appropriate ongoing
Chula vista sewer service and/or sewage pumping charge.
sewer4.wp
\ ~"'Ib /,3""
.
COUNCIL POliCY
CITY OF CHULA VISTA
SUBJECI'
SEWER SERVICE TO PROPERTY NOT WITHIN THE
CITY BOUNOARY
POlleY'
EF:FECI'IVE
.........,
ft."..,
570-02
03-12-91
1 of 3
ADOP'IED BY: Reso 1 ut i on No. 16094
.DA~: 03-12/91
BACKGROUND
The City has from time to time in the past received requests to pennit
connection to the Chula Vista sanitary sewer system by properties not
within the City boundary. Each request has been handled on an individual
basis with the resul t that some staff personnel are uncertain as to how
to respond to the infrequent applicants. A policy statement is needed to
guide staff in providing logical and efficient service to the public.
PURPOSE
To establish a policy regarding connection to the Chula Vista sanitary
sewer system by property not within the incorporated limits of the City.
POLICY
The City Council hereby establishes the following policy and procedures
relative to connection to Chula Vista sanitary sewers by properties not
within the incorporated limits of the City:
1. Any property for which connection to the Chula Vista sanitary sewer
has been requested must constitute or be part of an area which could
logically annex to the City or for which a formal petition for
annexation has been filed with the City.
2. Property for which sewer connection is sought must either front upon
a sanitary sewer in the City system, or frorit upon the logical
extension of such a sewer. Maximum length of sewer extension
permitted shall be 200 feet.
3. None of the cost of any sewer lIain extension required to serve
property beyond the City boundary shall be borne by the City. Such
sewer extensions shall be constructed in confonnity with City
standards and shall be dedicated to the City for public sewer
purposes in .a lianneI' approved by the City Engineer. When
appropriate, such sewer extensions may be made subject to
reimbursement agreement.
4. The owner of property seeking connection shall pay all application
charges related to connecting to sewer as levied by Chula Vista. In
addition to all application Chula Vista charges the applicant shall
\ 3- I,
SUBJECJ'
SEWER SERVICE TO PROPERTY NOT WITHIN THE
CITY BOUNDARY
..
COUNCIL POUCY
'.
CITY OF CHUlA VISTA
POUCY
NUMBER
EFFECTIVB
DATE PAGE
70-02
03-12-91
of 3
DATED:
ADOP1EDBY:Resolution No. 16094
03-12-91
pay a sewer capacity charge to the City which is equivalent to the
prevalent sewer capacity charge imposed by the sanitation district
(Spring Valley ,or Montgomery) which would logically provide service
to the site sought to be connected. Such additional charge shall in
no event be less than $1,000.
5. The owner of property seeking connection shall pay any costs, fees
or charges by any governmental agency other than Chula Vista which
are relative to and/or necessitated by the construction of sewer
facilities to serve the property seeking connection.
6. The owner of property seeking connection shall agree in writing not
to oppose any then-current or future procedures to annex his or
adjacent properties to Chula Vista. The owner of property shall
agree in writing not to sign a written protest petition, or
otherwise file a formal written or formal oral protest of annexation
at the Conducting Authority level of annexation proceedings.
However, nothing herein shall affect the right of the property owner
to vote in any annexation election that may be called. Such
document shall be presented to the City Engineer at time of payment
of charges as stipulated in Item 4 above.
A. Interpretation of Prior Language and Agreements.
1. The language of Section 6 of Pol1c~ No. 570-02
heretofore effective which provided: The owner of
property seeking connection shall agree in writing not
to oppose any then-current or future procedures to annex
his or adjacent properties to Chula Vista.., and any
agreement entered into pursuant thereto, shall be
interpreted by the City to mean that said property owner
shall agree in writing not to sign a written protest
petition, or otherwise file a formal written or formal
oral protest of annexation at the Conducting Authority
level of annexation proceedings, and shall not be
construed to affect the right of said property owner to
vote in any annexation election that may be called.
\ ~...)~
'.
COUNCIL POUCY
arY OF aRJLA VISTA
SUBJECT
SEWER SERVICE TO PROPERTY NOT WITHIN THE
CITY BOUNDARY
POUCY
EFFECJ1VE
"An"
570-02
03-12-91
3 of 3
ADOFIED BY: Resol ution No. 16094
DATED: 03-12-91
2. All persons who have executed agreements pursuant to the
City's previous Policy No. 570-02, Section 6, shall be
advised at the time of any annexation proceedings
affecting their rroperty of the interpretation herein in
subsection 6(A)( ) contained.
7. No sewer service shall be provided to any property beyond the City
boundary unless and until written approval of that specific service
has been received by the City Engineer from the City of San Diego
pursuant to terms of the Sewage"Disposal Agreement of 1960.
8. Upon connection to the Chula Vista sanitary sewer system the
property so served shall be subject to any appropriate ongoing Chula
Vista sewer service and/or sewage pumping charge.
ORIGINAL RESOLUTION ADOPTING THIS POLICY WAS: 11308 APPRoVED 07-05-83.
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........., PROPOSED SEWER MAIN
EXISTING SEWER MAIN
CJ PARCELS SERVED
o MANHOLE
DRAWN BY: A...S.
PROJECT TITLE
DATE:
1/12/92
PROPOSED SEWER MAIN IN
LYNWOOD HILLS (TRUNK "B")
\ ~.l.?-
EXHIBIT D
SEWER CONNECTION POLICY SURVEY
The following is a summary of the information received from calls
to other cities in San Diego County. They were asked if they
allowed connections to their sewer system by residents outside
their city limits. If they require annexation, who pays? If the
customer pays for the annexation, is there any provision for paying
over time?
EI cajon
By ordinance the furnishing of sewage disposal service by the
city to areas outside the city limits is prohibited except in
certain cases. Basically, for non-governmental properties
outside the city, these conditions are:
1. The property is already developed and is shown to
have a condition which may cause a health hazard.
2. The property abuts an existing city sewer main and
the owner has paid or is prepared to pay for his or
her share of the capital cost.
3. The property owner is unable to annex to the city
due to circumstances beyond his or her control and
agrees to annex as soon as it becomes feasible, and
enters into an agreement with city to do so,
4. The city council finds that all of the above
conditions apply and grants a connection subject to
establishment of an appropriate sewer service
charge and an agreement that no further development
or expansion of existing development will take
place until the property is annexed.
Escondido
Escondido requires annexation except in the case of a failing
septic system where the city sewer line is near the customer.
The customer pays the annexation fee up front.
Encinitas
Encinitas requires the property owner to annex to the city and
then to the sewer district. In the case of an emergency
(septic tank failure), the City requires a connection
agreement that the property owner will annex and keep the
annexation process going. If the property owner doesn' t
annex, by the agreement, the city can cut them off. The
property owner pays the annexation costs up front.
La Mesa
Except as provided by Council Resolution, sanitary sewer
service shall not be extended outside the corporate city
limits. Such service may be extended only when inadequate
subsurface sewage disposal facilities (septic tanks)
constitute a potential hazard to the health and safety of
\ ~"1.!>
SEWER CONNECTION POLICY SURVEY
La Mesa (cont'd)
the residents in the area. Even then, only existing
facilities may be connected, no new construction and/or
development is allowed, and the property owner must agree not
to oppose annexation of the property at some future date.
National City
There is an informal policy of no sewer service without
annexation (no exceptions).
Oceanside
General rule: no one is allowed to connect unless they are in
the city.
On occasion (i.e. 4 times in 10 years), Oceanside provides
service to someone in another jurisdiction. It is an informal
arrangement where the other agency bills at Oceanside rates
then pays Oceanside at the end of the year.
Oceanside has not been involved in annexations agreements.
poway
The city is surrounded by the City of San Diego except to the
east. There are septic systems in the eastern part of poway
and in the County, so it isn't an issue there. They do have
some agreements with San Diego where they provide sewer
service for customers in San Diego.
vista
vista requires either annexation or an irrevocable offer to
annex (saying when the city boundary comes up to their
property they have to annex).
The customer pays the annexation costs up front.
Santee
Sewer is handled by Padre Dam Water District.
San Marcos
Sewer is handled by Vallecitos Water District.
Carlsbad
Sewer is handled by the water district.
amc:aewercl.mc:al 022192
\~..).~
ITEM TITLE:
SUBMITI'ED BY:
REVIEWED BY:
BACKGROUND:
COUNCIL AGENDA STATEMENT
Item I ~
Meeting Date 05/19/92
RESOLUTION ) \,10 ~ \ Approving the 1992-93 Community
Development Block Grant (CDBG) budget and authorizing the transmittal
of the CDBG Application, Final Statement, and Certifications to the u.S.
Department of Housing and Urban Development
RESOLUTION \ '-'- ~2.. Approving reallocation of $7,250 of
County CDBG from various completed projects to the Woodlawn Park
Community Center and requesting the County Board of Supervisors to
transfer said funds
C~.
Community Development Director ~
City Manag~1 (4/5ths Vote: Yes No ..xJ
The City of Chula Vista will receive $ 1,380,000 in CDBG entitlement funds and anticipates
receiving CDBG program income of about $181,000 from the Housing Rehabilitation revolving
fund.
Staff recommendations are summarized in the attached Proposed CDBG Budget (see attached
Exhibits A and B). Staff has thoroughly considered the recommendations of several advisory
Commissions and committees and the comments made at the public hearing before City Council
on May 5.
RECOMMENDATION: That the City Council:
1. Adopt the resolution approving the 1992-93 Community Development Block Grant
(CDBG) budget and authorizing the transmittal of the CDBG Application, Final Statement, and
Certifications to the U.S. Department of Housing and Urban Development.
2. Adopt the resolution approving the reallocation of $7250 of County CDBG funds from
various completed projects to the Woodlawn Park Community Center and requesting the County
Board of Supervisors to transfer said funds.
BOARDS/COMMISSIONS RECOMMENDATION: See pages 8, 9, 21, 22 and 23 of the
CDBG Notebook.
P-\ - I
Page 2, Item )4
Meeting Date 05/19/92
DISCUSSION:
PROPOSED BUDGET
For the 1992-93 CDBG program, the City of Chu1a Vista has total estimated revenue of
$1,568,250. This includes the annual entitlement ($1,380,000), program income funds from
housing rehabilitation loans ($181,000), and County CDBG funds remaining from completed
projects ($7250). The proposed budget is attached as Exhibit A and summarized as follows:
ADMINISTRATION AND PLANNING
(includes funding for 4 organizations)
$235,000
SOCIAL SERVICES
(includes funding for 19 organizations)
$227,790
COMMUNITY DEVELOPMENT PROJECTS
(includes funding for 5 organizations)
$294,850
$644,950
$165,610
SECTION 108 LOAN REPAYMENT (Norman Park)
CAPITAL IMPROVEMENT PROJECTS
In order to be eligible for funding, a project or service must address at least one of the CDBG
national objectives. All of the projects recommended for funding meet the national objective of
primary benefit to low-income families.
The City has previously adopted the 1990-91 to 1992-93 Community Development Plan (see
pages 3 and 4 of the notebook). This Plan outlines the City's specific community development
goals and objectives for the CDBG program and provides a guide for making allocations. All
of the CDBG projects and services recommended for funding meet the goals and objectives of
the Community Development Plan.
Staff recommends that the Council make a finding that the Community Appearance Program,
SBCS Graffiti Eradication, and the SBCS Community Development Corporation projects are
necessary and appropriate in order to meet the goals and objectives of the City's Community
Development Plan (included in the first resolution). This finding is required by HUD in order
to fund these special activities by community-based organizations.
SOCIAL SERVICE FUNDING REQUESTS
The City received 28 requests from social service organizations, totaling over $550,000.
Nineteen of these programs are recommended for funding for a total amount of $227,790. Staff
recommendations for social service funding, along with the Commissions' recommendations, are
summarized in Exhibit B. Staff recommendations are as follows:
14..1.
Pr02rs1m
Adult Protective Services
AiDS Foundation San Diego
Boys and Girls Club of Chula Vista
Center for Women's Studies & Services
Chula Vista Police--Intervention Team
Chula Vista Library--Literacy Team
Chula Vista Human Services Center
Community Service Center for Disabled
E.C.S. Otay Community Clinic
Jobs for Youth
Kinesis South Vocational Service Center
L.S.S. Project Hand Emergency
MAAC Project Senior Program
MAAC Project Senior Case Management
METRO Good Neighbor Center
S.D. Transcendental Meditation Program
Salvation Army Senior Nutrition .
Senior Adult Services Meals on Wheels
YMCA Summer Day Camp
YMCA Sunshine Company Childcare
SCCOA Shared Housing
SBCS Casa Nuestra Youth Shelter
Sweetwater Adult Ed.--New Chance
U.S. Institute of Amateur Athletics
Vista Hill Hospital--Senior Program
Woodlawn Park Community Center
YMCA Family Stress Center
YWCA Battered Women's Services
Page 3, Item J Lj
Meeting Date 05/19/92
Reauested
Ret"nmmend
$ 12,000
13,350
17,795
10,000
20,000
43,190
70,160
12 , 000
20,090
3,100
15 , 000
20,000
20,000
20,000
5,385
17,850
17,000
5,500
6,000
44,785
18 , 000
20,000
14,400
20,000
20,000
29,550
22,400
20,000
$ 9,000
o
9 ,000
5,000
15,000
43,190
o
8,000
10,000
3,100
5,000
14,000
o
o
o
o
o
5,500
6,000
15 , 000
15,000
15,000
5,000
o
o
20,000
20,000
5,000
Staff arrived at these recommendations after completing an extensive evaluation process which
included:
(1) Review of the requests for funding;
(2) Compilation of the Proposal Comparison Table;
(3) Listening to presentations by new applicants at a Joint Commission Workshop
(4) Attendance at all meetings in which Commissions discussed the social service
requests; and
(5) Consideration of public testimony at the Council Meeting of May 5, 1992 Public
Hearing and Council comments/direction.
Staff then rated the requests using the Proposal Evaluation Matrix and Social Service Funding
Policy. The priorities identified in the Social Services Plan were used as a basis for scoring the
\11- ;
Page 4, Item Ii.}
Meeting Date 05/19/92
first criterion of the Matrix, "Enhancing the Quality of Life in the City." The completed
Proposal Evaluation Matrix is attached as Exhibit C.
Using the scores from the Matrix together with the recommendations from the four
Commissions, staff determined funding levels for each program in the following way:
Table 1
MATRIX SCORE
High
FUNDING LEVEL
At or between the two highest Commission recommendations
Low
At or between the second and third highest Commission
recommendations
Not scored
If two or more Commissions recommended $0 funding
Recommendations on two funding requests deviated from the process described above. The
Literacy Team is proposed for funding at $43,190 because of strong community support and the
potential impact on the General Fund if not funded out of CDBG at this level (see attached
memorandum, Exhibit D). The Chula Vista Human Services Center is not recommended for
funding under the "Social Services" category; instead, the Parks and Recreation's Human
Services Coordinator position is recommended for funding under the "Administration and
Planning" category.
COMMUNITY DEVELOPMENT FUNDING REQUESTS
The City received several proposals from neighborhood-based organizations and the Chula Vista
Elementary School District. They have been grouped under the category of "Community
Development". Staff has determined that these proposals are eligible for CDBG funding, will
primarily benefit low-income households, and are not subject to the 15 % social services cap.
Staff recommends funding five projects for a total of $165,610, as follows:
Chula Vista Building and Housing - Community Appearance Program
Requested: $36,000 Recommended: $26,810
PURPOSE: In cooperation with local neighborhood groups, the Building and Housing
Dept. proposes to continue their neighborhood beautification campaigns.
RATIONALE: Staff recommends reducing their budget by about $9,000 in order to
provide adequate funding for other community development projects. This will reduce the
number of neighborhood campaigns from four to three.
ltt.Y
Page S, Item JL}
Meeting Date 05/19/92
South Bay Community Services - Grqfflti Eradication
Requested: $43,657
Recommended: $33,000
PURPOSE: South Bay Community Services (SBCS), in partnership with the Chula Vista
Police Department will continue their community effort to eradicate graffiti painted on
private businesses and residences.
RATIONALE: SBCS has excess funds in the current grant and will be able to buy
supplies for next year; therefore, staff recommends reducing their budget by $10,000.
SBCS Community Development CorporatWn
Requested: $52,000
Recommended: $48,000
PURPOSE: South Bay Community Services (SBCS) will continue their work on two
affordable housing projects: 1) the preservation of 4 federally-subsidized apartment projects
which are "at-risk" of conversion to market-rate; and, 2) rehabilitation of a 26-unit
apartment project for very-low income and homeless families.
RATIONALE: In order to ensure that the CDC is community supported, staff
recommends that CDC be given a $48,000 "match" allocation. Staff recommends reducing
their budget by $4,000 because the Housing Advisory Committee recommended against
funding the Homebuyer Counseling Program component.
Boys and Girls Club of Chula Vista - Counters
Requested: $5,000
Recommended: $0
PURPOSE: The counter tops will help define activity areas as well as provide work and
storage space at the Oleander site.
RATIONALE: The City has provided $18,750 in capital improvement funding (gym
divider and public address system) during the past two years, as well as a favorable loan
for construction of their Oleander Street facility several years ago.
Chula Vista Elementary School District - Four Playgrounds
Requested: $100,000
Recommended: $50,000
PURPOSE: To improve playgrounds at four elementary school sites: Rice, Lauderbach,
Montgomery, and Castle Park. These playgrounds will be open for community use after
school hours and on weekends through a joint use agreement.
RATIONALE: The City and School District will both benefit from these playground
improvements through the joint use agreement (see attached Joint Use Agreement,
Exhibit E). The School District has agreed to provide signage and public access during
non-school hours. To start with, staff recommends funding two of the four playgrounds
this year.
14. -'5
Page 6, Item ) 4
Meeting Date 05/19/92
Woodlawn Park Community Center - Roof
Requested: $7,250
Recommended: $7,250
PURPOSE: The Center has a leaky roof which needs replacement.
RATIONALE: The leaky roof has already resulted in damage to the interior ceiling. If
the roof is not replaced before the next rainy season, the leaks are likely to cause more
extensive damage. The cost of a new roof is roughly equal to the amount of County
CDBG funds remaining from completed projects.
CAPITAL IMPROVEMENf PROJECTS
The proposed budget for four capital improvement projects is $ 644,950. In addition, the City
must begin repayment of the Section 108 loan for the Norman Park Senior Center Renovation
($294,850). Staff recommends funding as follows:
Neighborhood Revitalization Program
Requested: $350,000
Recommended: $332,500
PURPOSE: To design and construct the second phase of improvements in Otay, including
missing sidewalks and street lights.
RATIONALE: The first phase of improvements will begin construction this month. This
allocation will allow the second phase to proceed as scheduled. In the event that this phase
requires additional funds, those funds could come from the Low- and Moderate-Income
Housing Fund.
South Chula Vista Library - Construction
Requested: $217,500
Recommended: $217,500
PURPOSE: To begin construction of the South Chula Vista Library at Fourth Avenue and
Orange Street.
RATIONALE: This allocation is necessary to ensure that construction of the South Chula
Vista Library can begin in 1993. The slowdown in construction activity has meant that
revenues to the Library DIP (a primary source of funds for the construction) are
temporarily decreased from what staff had originally projected. Also, since Library DIP
Funds are received over many, many years, part of the funding from this source may not
be accumulated in time for the construction of this project and Block Grant Funds over the
next two-three years may be necessary to complete the funding of this library.
It{ .. ~
Page 7, Item )1/-
Meeting Date 05/19/92
HVAC, Main library
Requested: $50,000
Recommended: $50,000
PURPOSE: To replace the old HV AC system.
RATIONALE: The existing HV AC system has surpassed its useful life. The new HV AC
system will have a much higher Energy Efficiency Rating which will reduce electrical
consumption significantly.
Parking Lot ReconstlUction, Main library
Requested: $44,950
Recommended: $44,950
PURPOSE AND RATIONALE: This work is necessary to preserve and extend the service
life of the existing pavement.
Murals Program
Requested: $12,550
Recommended: $0
PURPOSE: To paint one or more murals on graffiti-covered walls and involve local youth
in the project.
RATIONALE: The Parks and Recreation Department is attempting to implement this
program with its initial allocation of $15,500. Staff believes this program should be
evaluated after implementation prior to providing additional funding.
PLANNING, FAIR HOUSING and ADMINISTRATION
The proposed budget for 1992-93 includes $165,000 for program administration. These
administrative costs represent less than 11 % of the total budget and includes staff costs for
coordination, accounting, monitoring sub-recipients, environmental review, and reporting
requirements.
In addition, staff recommends funding for four organizations who are requesting funding for
planning and administrative activities, as follows:
Chula Vista Fair Housing Program
Requested: $55,060
Recommended: $30,000
PURPOSE: To provide a comprehensive fair housing program, including education and
outreach, a tenant-landlord hotline, follow-up on discrimination complaints, and fair
housing assessments.
RATIONALE: The City's fair housing officer is retiring. Rather than hire a replacement,
staff recommends funding this proposal. It is designed to fulfill all of the City's
responsibilities for fair housing education and enforcement. The Housing Advisory
t4: -1
Page 8, Item /If
Meeting Date 05/19/92
Committee recommended against funding an initial proposal, but the Fair Housing Council
has revised their proposal to address the Committee's concerns.
Chula Vista Human Services CouncU/South Bay Family YMCA
Requested: $20,000 Recommended: $20,000
PURPOSE: The Human Services Council builds coalitions among Chula Vista area social
service providers in order to bring more funding for needed services into the South Bay.
RATIONALE: During the past year, the Human Services Council has demonstrated its
ability to make coalition projects work and to bring more resources to South Bay agencies.
The most recent example of this was Project CARE, a community effort to check on
elderly who are isolated in their homes. This allocation will allow the Council to hire a
part-time staff person and expand their efforts beyond what volunteers alone can do.
Chula Vista Parks and Recreation Human Services Coordinator
Requested: $70,160 Recommended: $15,000
PURPOSE: To coordinate use of office space by human service agencies at the Norman
Park Senior Center.
RATIONALE: About one-third of the Human Services Coordinator's time will be devoted
to activities which assist human service agencies; this funding level will cover one-third
of hislher salary.
Otay Committee
Requested: $5,000
Recommended: $5,000
PURPOSE: The Otay Committee will continue volunteer community revitalization and
beautification efforts, in conjunction with the Neighborhood Revitalization Program (NRP).
RATIONALE: The Otay Committee is an integral part of the Neighborhood Revitalization
program.
COUNTY CDBG FUNDS
Several County-funded CDBG projects have remaining balances. The Council must reallocate
these funds to an eligible Montgomery area project or the funds will be used by the County for
their projects. County CDBG funds are available from the following completed projects:
Fifth Ave. Street Improvements
Orange and Fourth Park Acquisition
Otay Community Center Parking Lot
Shy Lane Street Improvements
$4,965
1,672
586
10
\\It, g
,
Page 9, Item --1L
Meeting Date 05/19/92
Staff recommends that Council adopt the resolution to request that the County Board of
Supervisors reallocate these funds to the Woodlawn Park Community Center to replace the roof.
FISCAL IMPACT: The City will receive $1,380,000 in CDBG entitlement funds and about
$181,000 in program income. The 15% cap on social services funding limits social service
allocations to a maximum of $234,150. In addition, the City is obligated to repay the Section
108 loan over the next 3 years; the total payments for 1992-93 total $294,850.
[C:IWP51ICOUNCR.\113SICDBG92-2.113]
\'l-~
COUNCIL INFORMATION
TO:
The Honorable Mayor and City Council
John Goss, City Managti
Rosemary Lane, Library Director l:'L--
VIA:
FROM:
SUBJECT:
Literacy Program Funding
5/13/92
Council Referral # 2602
The Chula Vista Literacy Team is currently in its 5th and final year of funding
from the California State Library. With the full funding of our CDBG grant
request of $43,190 the program will be able to continue to operate in FY '92-
'93. The program will not be workable if funding is awarded at the levels
suggested by the Commissions reviewing the CDBG requests.
CDBG funds will be allocated as indicated in the grant application:
Coordinator's Salary and Benefits
Facility Rent/Utilities
Office Supplies
Instructional Resources
Communications (Phone & Postage)
Travel, Conference, Meetings
Contractual (Cleaning, Equipment Service etc.)
Printing
TOTAL
$ 22,640. (50%)
11,680.
1,000.
1,500.
2,110.
900.
2,860.
500.
$ 43,190.
Decreases in any of these operating expense accounts will impact the level of
service provided. A full-time Coordinator is absolutely necessary in order to
recruit, train, manage and support the 200+ community volunteers utilized
by the program per year. The remainder of the Coordinator's salary is funded
through the library's base budget (general fund).
This budget reflects a $12,800 shortfall from the existing program budget. The
shortfall represents a half-time administrative assistant and a person to staff
the literacy center 8 hours/week in the evenings. This money must still be
found from alternative sources.
The Chula Vista literacy Team is not a recipient of United Way funds.
\4.- 1 D
EXHI BIT A
1992-93 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET
TOTAL REVENUE
CDBG Entitlement
Estimated Program Income
Unanticipated Program Income- 1991-92
Reallocation- Unused County CDBG
ADMINISTRATION AND PLANNING
Staff Administration
Fair Housing Program
C.V. Human Services Council
Parks&Rec Human Services Coordinator
Otay Committee
SOCIAL SERVICES
SECTION 108 LOAN REPAYMENT (Norman Park)
CAPITAL IMPROVEMENT PROJECTS
Neighborhood Rev. Program, Otay Phase II
South C.V. Library
HVAC, Main Library
Parking Lot Reconstruction, Main Library
Murals Program
COMMUNITY DEVELOPMENT PROJECTS
C.V.B.&H. Community Appearance Program
SBCS Community Dev. Program (Housing)
SBCS Grafitti Eradication
Boys and Girls Club of C.V.
C.V. Elem. School Dist.- Playgrounds
Woodlawn Park Comm. Cntr. Rehab
1892-93
'*Pre1 iminary Proposed
$1.568,250 $1. 568,250
$1,380.000 $1.380,000
$90,000 $90,000
$91.000 $91,000
$7.250 $7,250
$315,160 $235,000
$165,000 $165,000
$55,060 $30,000
$20,000 $20,000
$70,160 $15,000
$5.000 $5,000
$550,000 $227,790
$294,850 $294.850
$675,000 $644,950
$350,000 $332,500
$217.500 $217,500
$50.000 $50,000
$44.950 $44.950
$12,550 $0
$243,857 $165,660
$36.000 $26,810
$52,000 $48,000
$43.657 $33,600
$5,000 $0
$100.000 $50,000
$7,250 $7,250
* The Preliminary Budget was presented to Council at the public hearing and
includes all the requests for funding from community organizations.
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EXHIBIT C Page 2
SOCIAL SERVICE FUNDING POLICY
This social service policy is designed to identify those projects and agencies
"which can deliver important benefit to Chula Vista residents effectively and
efficiently. In addition to the use of the policy guidelines listed below,
the City Council will require .the submission of social service agencies'
eXilenses, income, and fundi ng sources from the previ ous two years to ai din
the evaluation of funding proposals.
1. Social service projects must establish or maintain a"resource which would
enhance the quality of life of, the Chula Vista community.
2. Initial grants to social service projects must create a new level of
service for the clients of the requesting agency or must replace funding
sources for existing levels of service which have been removed through no
fault of the requesting agency.
3.
Social service
demonstrated in
efficiently.
4. Preference will be given to those projects which instill in their clients
the resources to move beyond the need for assistance by that agency or
which allow their clients to avoid greater dependency on other forms of
"social assistance.
grants wi 11 be
the past the
made only
capaci ty to
to agencies which
perform dil i gently
have
and
s. Preference will be given to those projects which are most cost effective
in the delivery of benefit to low and moderate-income citizens of Chula
Vista.
6.
Preference will be given to those projects which
self-sufficient or would secure other forms of assistance
City Community Development Block Grant assistance.
7. Social service grants will be made only to agencies and projects which
appear to have the capacity to expend those grant funds in a timely manner.
woul d become
as a resul t of
8. Preference will be given to those pf'ojects which do not dupl icate an
"existing service.
\4 - 15
COUNCIL INFORMATION
TO:
The Honorable Mayor and City Council
John Goss, City Manag{;1"
Rosemary Lane, Library Director '"R 1-
Literacy Program Funding
VIA:
FROM:
SUBJECT:
5/13/W.
EXHIBIT D
Council Referral # 2602
The Chula Vista Literacy Team is currently in its 5th and final year of funding
from the California State Library. With the full funding of our CDBG grant
request of $43,190 the program will be able to continue to operate in FY '92-
'93. The program will not be workable if funding is awarded at the levels
suggested by the Commissions reviewing the CDBG requests.
CDBG funds will be allocated as indicated in the grant application:
Coordinator's Salary and Benefits
Facility Rent/Utilities
Office Supplies
Instructional Resources
Communications (Phone & postage)
Travel, Conference, Meetings
Contractual (Cleaning, Equipment Service etc.)
Printing
TOTAL
$ 22,640. (50%)
11,680.
1,000.
1,500.
2,110.
900.
2,860.
500.
-----
$ 43,190.
Decreases in any of these operating expense accounts will impact the level of
service provided. A full-time Coordinator is absolutely necessary in order to
recruit, train, manage and support the 200+ community volunteers utilized
by the program per year. The remainder of the Coordinator's salary is funded
through the library's base budget (general fund).
This budget reflects a $12,800 shortfall from the existing program budget. The
shortfall represents a half-time administrative assistant and a person to staff
the literacy center 8 hours/week in the evenings. This money must still be
found from alternative sources.
The Chula Vista literacy Team is not a recipient of United Way funds.
11k~ 11
MAV-1~-92 WED 1~:29 CHULA YXSTA SCHOOL D~ST.
,..f. '
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EXHIBIT E Page 1
~
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. ....
COOPERATIVE FACILITIES ~SE AGREEME~T BETWEEN THE CITY OF CHULA VISffc ~
. AND. THE CHULA VISTA CITY SCHOOL DISTRICT IN... (ISo,,,
''''HANe . oJ
..ftt:FiC;
THIS AGREEMENT, made and entered into this 17th day
of Jyn"RTV , iiQRQ by and between the CITY OF CHULA VISTA, <<
munlclpa corporation, ereinafter called .City., and the CHUlA VISTA CITY
SCHOOL DISTRICT, hereinafter called .School District" or "District."
WIT N E SSE T H:
WHEREAS, Chapter 6 of Division 1Z of the Education Code of the State
of California authorizes counties, cities and school districts to cooperate
with each other in the development and execution of adequate programs of
community recreation, and
WHEREAS, the School District provides the use of its facH ities for
special City recreational activities. and
WHEREAS, the City provides the use tlf its facilities for special
School District activities, and
WHEREAS, the City and School District now wish to enter into formal
agreement defining certain responsibilities of both parties in connection with
the use of each other's facilities, and
WHEREAS, this agreement is intended to supersede any Hold Harmless,
Indemnification and Insurance language ctlntained in the Application and Permit
for Use of Facilities (Form A-l40(lO/4-881.
NOW, THEREFORE, in consideration t>f the mutual ctlvenants and
ctlnditions contained herein, the parties hereto agree as follows:
I. GENERAL PROVISIONS
A. The City and the School District agree to cooperate in
providing use of each other's facilities during the term of this agreement.
Facilities will include, but not be 1 imited to gymnasiums, community center,
ballfields, and tracks.
8. It is understood that the parties to this agreement shall
make their respective facl1ities available for special events or recreational
programs and other such times as it is mutually beneficial to each party.
C. The City shall furnish, at no expense to the District,
personnel to conduct and supervise recreation activities conducted by the
City. These personnel are not employees of the District.
The Di strict shall furnish, at no expense to the City,
personnel to conduct and. supervise special event activities conducted by the
District. These personnel are not employees of the City.
I
,
.
'(') ~_..,_.
l\.t-I~
MAV-13-92 WED 15:30 CHULA YXSTA SCHOOL DX8T.
.
..
EXHIBIT E Page 2
-
" D. Upon" each others approval, the City and the District may
place materials and equipment for "conducting recreation or special event
activities on the other's property.
E. ,1I1e City and the District agree to _.Q~_11]1 rules
associated with the use of each other's properties. -
'.. .. _ on 0 _ _ . -:-__ o. - -. . .
F. Since School District properties and facilities are
intended primarily. for school purposes and for the benefit of youth of school
age, in scheduling activities on school grounds, District's requirements will
have priori1;y.
- .
_ _" -~."". : - Since Ctty'"properties and" fllcilitiesare "intended primarily
for City purposes and for the-benefit nf the 'public, in sthedu1ing" activities
on City property, City's requirements will have priority.
II. MAINTENANCE
A. The City agrees to install, repair and maintain all
City-owned equipment used for recreation programs conducted by City.
B. The School District agrees to install, repair and maintain
all School-owned equipment used for programs or special events conducted by
the School District.
C. The City and School District agree to repair or replace, or
reimburse each other for the cost of repair or replacement of any damaged
structures, equipment, vegetation, or facilities owned by the other party when
such damage is a direct result of that party's use.
III. EXTENT OF AGREEMENT
This Agreement supersedes any Hold Harmless, Indemnification and
Insurance language contained in the Appl ication and Permit for Use of School
Facilities (Form A-140(lOI/4-881.
IV. TERM OF AGREEMENT
This agreement shall be annual and automatically renewed each
year unless wri tten noti ce in accordance w1 th Secti on Vis g1 ven by ei ther
party.
V. TERMINATION
This agreement may be terminated by either party, at any time,
by giving 30 days written notice of such.
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l~" 1'1
MAV-13-92 WED 15:31 CHULA VISTA SCHOOL D~ST.
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EXHIBIT E Page 3
-
VI. INTENDED USES
.
Within 60 days of the signing of this Agreement and after each
automatic annual renewal, the parties may submit to each other the anticipated
uses of the other parties' facilities for the upcoming year. These
submissions shall not rule out any unanticipated requests for facilities use
that may arise during the year.
VII. INDEMNIFICATION - HOLD HARMLESS
A. The School District agrees to indemnify and hold harmless
the City of Chula Vista against and from any and all damages to property or
equipment and appurtenances or injuries to or death of any person or persons,
inclUding employees, agents, representatives or officers of the City, and
shall defend, indemnify and hol d harmless the City, its officers, agents,
representatives and employees, from any and all claims, demands, suits,
actions or proceedings of any kind or nature, of or by anyone whomsoever, in
any way resulting from or arising out of the negligent or intentional acts.
errors or omissions of the SChool District or any of its officers. agents,
representatives or employees in the performance of this agreement.
B. The City of Chula Vista agree to indemnify and hold
harmless the School District against and from any and all damages to property,
equipment and appurtenances or injuries to or death of any person or persons,
inclUding employees, representatives, officers or agents of the School
District, and shall defend, indemnify and hold harmless the School District,
its officers, agents, representatives and employees, from any and all claims,
demands, suits, actions or proceedings of any kind or nature. of or by anyone
whomsoever in any way resulting from or arising out of the negligent or
intentionai acts. errors or omissions of the City of Chu1a Vista or any of its
offi cers, agents, representatives or employees in the performance of thh
agreement.
V II I. INSURANCE
A. The School District shall, throughout the duration of this
Agreement, maintain comprehensive general public liability and property damage
insurance covering all operations hereunder, its agents, oHicers.
representatives and employees, including but not limited to personal injury.
bodily injury, premises and automobile, with minimum coverage of $1 million,
In the form of a Certificate of Insurance and Policy Endorsement which names
the City as Additional Insured, evidence of which shall be submitted to the
City Clerk at 276 Fourth Avenue. said policy or policies shall provide thirty
(30) days written notice to the City Clerk of cancellation of material change.
B. The City shall, throughout the duration of thi s Agreement,
mai ntai n comprehensive general public li abll f ty and property damage insurance
covering all operations hereunder, its' agents, officers, representatives and
employees, inclUding but. not limited to premises, personal injury, bodily
i nj ury and automobil e. wi th mi nimum coverage of $1 mi 1li on, ip the form of
-3-
,
1
Ilf-'-P
MAY-13-92 WED 15=32 CHU~A VXSTA SCHOOL D7ST.
EXHIBIT E Page 4
'.
.. ,
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......
.
Certi ficate of,. Insurance and Pol1c:y Endorsement which names the School
District as Additional Insured, evidence of which shall be submitted to the
School District at 84 East "J" Street. . Said policy or policies shall provide
thirty (30) days written notice to the School District of cancell ation or
material change.,
The School District
specific events or programs and
I imfts may apply... --- ,--,--'-'-'-"
and the City reserve the right to review
determi ne that hi gher a" lower insurance
IX. For purposes of administration of this agreement, the Director
of Parks and Recreation shall act for and represent the City of
Chula' Vfsta and the Assistant Superintendent for Business
Management shall act for and represent the School District.
IN WITNESS WHEREOF, the partf es hereto have caused thi s
Agreement to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
1
I
CHULA VISTA CITY SCHOOL DISTRICT
A sfstant Supt. for Business
Management
Mayor,
WPC 0755K
Approved by the Board of Education
of the Chula Vista City School
District on December 6. 1988,
-4-
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A PLANNED COMMJNITY BY EASll.AKE llEVELOFM:NT co
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RESOLUTION NO. //,I.?;, I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE 1992-93 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) BUDGET AND
AUTHORIZING SUBMITTAL OF THE CDBG APPLICATION,
FINAL STATEMENT, AND CERTIFICATIONS TO THE U. S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
The City Council of the city of Chula vista does hereby resolve
as follows:
WHEREAS, the City of Chula vista will receive
Community Development Block Grant entitlement of $
program income of approximately $181,000; and,
WHEREAS, the City of Chula vista has $ 7,250 of prior year
CDBG funds available for reallocation; and,
a 1992-93
1,380,000
WHEREAS, the city has followed
Plan and held two public hearings
development needs; and,
its citizen Participation
on housing and community
WHEREAS, the City has previously adopted the 1990-93
Community Development Plan and has determined that all of the
proposed activities are consistent with this Plan, as well as the
CDBG national objective to benefit primarily low-income
households; and,
WHEREAS, the city has made determined that it is necessary
and appropriate to fund special activiites by certain
subrecipients to implement neighborhood revitalization and
affordable housing development activities in order to meet the
goals and objectives of the Community Development Plan; and,
WHEREAS, the city has prepared the 1992-93 Community
Development Block Grant Final Statement and associated documents,
which are attached hereto and incorporated herein;
NOW, THEREFORE BE IT RESOLVED, that the city Council of the
city of Chula vista approves the proposed 1992-93 community
Development Block Grant program and CDBG budget, a copy of which
is attached hereto and incorporated herein.
BE IT FURTHER RESOLVED, that the Community Development
Director is authorized to transmit the CDBG Application, Final
Statement , and Certifications to the U.S. Department of Housing
and Urban Development (HOD).
Chris Salomone
Community Development Director
4!;ioo
city Attorne
fOU
Presented by
rd
It/A .. I
RESOLUTION NO. 1~1.~.:l
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REALLOCATION OF $7,250
OF COUNTY CDBG FROM VARIOUS COMPLETED PROJECTS TO
THE WOODLAWN PARK COMMUNITY CENTER AND REQUESTING
THE COUNTY BOARD OF SUPERVISORS TO TRANSFER SAID
FUNDS
The City Council of the City of Chula vista does hereby resolve
as follows:
WHEREAS, the city of Chula vista has $ 7,250 of prior year
Urban county CDBG funds available for reallocation; and,
WHEREAS, the City has followed
Plan and held two public hearings
development needs; and,
its citizen Participation
on housing and community
WHEREAS, the proposed activity is consistent with the 1990-
93 Community Development Plan as well as the CDBG national
objective to benefit primarily low-income households; and,
NOW, THEREFORE BE IT RESOLVED, that the city Council of the
City of Chula vista approves the reallocation of $7,250 from
various Urban county CDBG projects to the Woodlawn Park Community
Center and requests the County Board of Supervisors to transfer
said funds.
Chris Salomone
Community Development Director
ruce M. Booga
City Attorney
Presented by
/<IIS - I
\/~
Exhibit D
EASTLAKE I
PLANNED COMMUNITY DISTRICT REGULATIONS
~t~0W~ RC-10 DISTRICT AMENDMENT
STRIKE~ & UNDERLINE DRAFT
March 1, 1989
Revised 3/10/89
March it. 1992
CITY OF CHULA VISTA
Director of Planning:
Robert A. Leiter
TABLE OF CONTENTS
PaQe
INTRODUCTION........................................................ iv
SECTION I
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
SECTION II
11.0
11.1
11.2
11.3
II.4
II.5
II.6
II.7
SECTION III
IIl.0
1 II. 1
(3/1/89)
GENERAL PROVISIONS
Purpose and Scope................................. 1-1
Private Agreements................................ 1-1
Repeal of Conflicting Ordinances.................. 1-1
Establishment of land Use Districts............... 1-1
Clarification of Ambiguity........................ 1-2
Effects of Regulations............................ 1-3
Enforcement....................................... 1-3
Definitions....................................... 1-4
RESIDENTIAL DISTRICTS
Purpose. . . .. . ... . .. . . . ... . . . . . . . . .. ....... . ... ... . 11-1
land Use District Grouping........................ 11-1
Permitted Uses........... ................ ...... ... 11-1
Property Development Standards: Residential
Districts......................................... 11-3
Performance Standards: Residential Districts..... 11-5
Accessory Structures: Residential Districts....... 11-7
Walls and Fences: Residential Districts.......... 11-8
Signs: Residential Districts..................... 11-8
VILLAGE CENTER DISTRICTS
Purpose. . ... . . .. . .. . . . . . .. .. . . . . . . .. . . ... . . .. . ... . 111-1
Permitted Uses.................................... 111-1
i
SECTION
SECTION
SECTION
(3/1/89)
Table of Contents (continued)
Page
111.2 Property Development Standards: Village Center
Oi stri cts... .. .. .. .. ..... ....... . . ... . .. . . .. .. . . ..
III-5
I II-6
111.3 Performance Standards: Village Center Districts..
IV
BUSINESS CENTER DISTRICTS
IV.O Purpose... .. . .. . .. . .. .. . .. . . .. . . ... ... . .. . . . . ... .. IV-l
IV.l Permitted and Conditional Uses: Business Center
Di stricts. .. . .... .. . .. . . . . . . . . . . . . .. . ... . . . .. . . .. . IV-l
IV.2 Property Development Standards: Business Center
Districts......................................... IV-6
IV.3 Performance Standards: Business Center Districts. IV-7
v
SPECIAL PURPOSE DISTRICTS
V.o Purpose. . . . . .. ... . . . .. . .. .. . . . . . . .... . .. . . .. . . . . . . V-l
V.l Permitted and Conditional Uses: Open Space
Di stri cts. . . . . . .. . . . . . . . . .. . . . . . . . . . .. .. . . . . . .. .. . V-l
V.2 Permitted and Conditional Uses: Quasi-Public and
Future Urban Districts............................ V-2
V.3 Property Development Standards: Special Purpose
Di stri cts. . .. . .... .. . . .. .. . . . . . . . . .. . . . . .. .. . . . . .. V-2
V.4 Signs: Special Purpose Districts................. V-2
VI
SPECIAL USES AND CONDITIONS
VI.D Temporary Uses.................................... VI-l
VI.l Home Occupations.................................. VI-3
VI.2 Recreational Courts............................... VI-4
VI.3 Kennels - Commercial and Non-Commercial........... VI-5
VI.4 Arcades. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-5
ii
SECTION
SECTION
SECTION
(3/1/89)
Table of Contents (continued)
Page
VII
COMPREHENSIVE SIGN REGULATIONS
VII.O Purpose........................................... VlI-l
VII.l Permit Requirement and Review..................... VII-2
VIr.2 Sign Regulations.................................. VII-8
VII.3 Design Standards.................................. VII-l1
VIII OFF-STREET PARKING
VIII.O Purpose........................................... VIII-l
VIII.1 General Provisions................................ VIII-l
VIII.2 Schedule of Off-Street Parking Requirements....... VIII-2
VIII.3 Property Development Standards: Off-Street
Parking.................................... .... ... VIII-6
VIII.4 Performance Standards: Off-Street Parking........ VIII-9
IX
ADMINISTRATION
IX.O Purpose........................................... IX- 1
IX.l Standard Procedures............................... IX-l
IX.2 Administrative Review............................. IX-1
IX.3 Site Plan and Architectural Approval.............. IX-l
IX.4 Other Provisions.................................. IX-2
A.
B.
EXHIBITS
LAND USE DISTRICTS
GENERAL DEVELOPMENT PLAN
i i i
INTRODUCTION
These Planned Community (PC) District Regulations are adopted pursuant to
Title 19, Zoning, of the Chula Vista Municipal Code and are intended to
implement and integrate the Chula Vista General Plan, the General Development
Plan, and the Sectional Planning Area Plans (SPAs) for Eastlake I, Eastlake
Greens and Eastlake Trails. These regulations set forth the development and
use standards for all property withi n Eastlake I Planned Community Di stri ct
by establishing:
setbacks;
building heights;
parking requirements;
landscape requirements;
use restrictions;
animal regulations;
density of development;
lot size, width and depth;
fencing requirements; and.
signing regulations.
The PC District Regulations, along with the various SPA Plans, delineate
precisely the allowable use of the property.
The PC District Regulations are organized into four basic land use districts:
Residential;
Vi 11 age Center;
Business Center; and
Special Purpose.
Each of these four basic districts is further broken down into specific land
use districts:
RE-3
RS-5
RS-7
RP-8
RP-13
RC-10
RC-15
RC-22
RM-25
RM-44
Residential land Use Districts
Residential Estate - 3 District
Residential Single Family - 5 District
Residential Single Family - 7 District
Residential Planned Concept - 8 District
Residential Planned Concept - 13 District
Residential Condominimum -10 District
Residential Condominium --r5 District
Residential Condominium - 22 District
Residential Multi-Family - 25 District
Residential Multi-Family - 44 District
Village Center land Use Districts
VC-l
VC-2
VC-3
(3/4/92)
Village Center Commercial District
Village Center Office District
Village Center Support District
iv
. ,
BC-1
BC-2
Business Center Land Use District
Business Center Manufacturing Park District
Business Center Manufacturing Service District
OS-1
OS-2
OS-3
OS-4
OS-5
OS-6
OS-7
PQ-1
F-1
Special Purpose Land Use Districts
Open Space - 1 District
Open Space - 2 District
Open Space - 3 District
Open Space - 4 District
Open Space - 5 District
Open Space - 6 District
Open Space - 7 District
Quasi-Public Facilities District
Future Urban District
(3/1/89)
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I -- I \08-e./ \ '\ \ \." ,'\.
I ~ _.-- \ \ \ "'\. ''\. /' I
VillAGE. CENTER ve.3 '\ I RC-Ui\ Y RS-!-_, \ I '," '\ ~ -- '" i '\
~ I :I'c-", '. ~,/- 'II I ,..-. "-;7( '--:-...
~ VIt...een''''-Comme<cIalDle.nct ...,. r--"'-"----, '\:- I I I \\ ~;,., .
I YC-2 1 Village Center - Office District ('I 0 -" l~, RH ' \ I j -,/~//J \ \ FlS-1 \ , ~ _
I YC-3 I VIta.. Cent.. - VIle.. Cent.. _ V ~ 00_' I ~,,\)'-L---::,/ //'\ RO-" \\.-~~~-
~t' 00-" "',,--..I-;;;;:;" ~ \_..-~
BUSINESS CENTER , " 'f': - """ -.--'" \'
"', ) 08:;1"- Rf>-s,.,/ /" .t:. /)
r-ac:;I Business Center - Manufactu1ng Pant DistriCt I \" / ----' -:,--- / .....;
~ Rf'-a ,y_. __~ ___
I BC-2 I ausness Center ~ Manufach.ring Service Distnct . -M;~- .....-~-=----
_,v:.vr:~.."
"",; a.......
Proposed
Land Use
Districts
SPECIAL PURPOSE
~ Open Space - 1 Distrlct
I 05-2 I ()pen Space - 2 District
I 0$-3 I Open Space - 3 District
I OS-4 I Open Space - . District
I 05-5 1 Open Space - 5 District
I os-e 1 ()pen Space - e District
I 05-7 ! Open Spece - 7 District
~ FutW"e Urban District
Re\'ialonatlrOodina1l<<l2.81
~br0rdlnanc<l2238
~tIro.clitIanc:4I22"
~ EASTLAKE
A PlANNED COMMUNITY BY EASTlAKE DEVELOPMENT CO.
~Cinti
U~-;~
o.'.:312/a:!
~
Exhibit A
FU '.
r-~
i
Proposed
General
Development
Plan
.....
.....
RESIDENTIAL .
.
WI) USE MAX. 01
ACRES OJIAC IHTS .
CCl Low .
250." 0-. 717 I.
~ Low_ 377.6 ..... ,.., .
.
~"""*'" 221.0 6-11 180' !
~- ,.... 11-18 1844 ,
~~ 28.0 18--27+ ... I
.
&b-..... 1016.0 ....
NON-RESI:lENTIAL
WI) USE ACRES
I c;..oC I::..... ~:::
............
..... =""~ '33.
~ <loon..... 1833
~ P\bIcJ~ 103.3
~ Parks & R8a'e8IIcn 295."
~MlJcrc::n:uation 216.0
Slb-Total 1011.5
FU ~.....---
1..'--'-'
EJ ....... U1>on
-.....
72."
2098.1 ac
.... du
. .
.~I.Cllwc:hM.
Note; (JJ~"'...... .....tkln of _111 ........., SIl. lor ""... _y inel'M" _iKT
...aIlIllicIl-oI........,~~...,......IO<..CMdInvtaroet~y
..4 ~ASTLAKE
(!]Cinti
&Asit:tJ!JRs
16\9' 239 .161~
snl"~
Exhibit B
A PLANNED COMMUNITY Irf EASIlAKE DE\IELOPIIIiENT CO.
SECTION I: GENERAL PROVISIONS
1.0 Purpose and Scope
For the purpose of promoti ng and protecti ng the public health, safety and
welfare of the people of the City of Chula Vista, to safeguard and enhance
the appearance and quality of development of Eastlake I, and to provide the
social, physical and economic advantages resulting from comprehensive and
orderly planned use of land resources, these Planned Community District
Regulations defining land use districts and regulations within those dis-
tricts are hereby established and adopted by the City Council.
1.1 Private Agreements
The provisions of this ordinance are not intended to abrogate any easements,
covenants, or other existing agreements which are more restrictive than the
provisions of this ordinance.
1.2 Repeal of Conflicting Ordinances
Whenever the provisions of this ordinance impose more restrictive regulations
upon construction or use of buildings or structures, or the use of lands or
premises than are imposed or required by other ordinances previously adopted,
the provisions of this ordinance or rules or regulations promulgated
hereunder shall govern.
1.3 Establishment of land Use Districts
A. Division of EastLake 1 into Land Use Districts
In order to classify, regulate, restrict and separate the use of land,
buildings and structures, and to regulate and limit the type, height and
bul k of buil di ngs and structures in the various districts, and to
regulate the areas of yards and other open area abutting and between
buildings and structures, and to regulate the density of population.
EastLake I is hereby divided into the following land Use Districts:
Residential land Use Districts
RE-3
RS-5
RS-7
RP-8
RP-13
RC-10
RC-15
RC-22
RM-25
RM-44
(3/4/92)
Residential Estate - 3 District
Residential Single Family - 5 District
Residential Single Family - 7 District
Residential Planned Development - 8 District
Residential Planned Development - 13 District
Residential Condominium - 10 District
Residential Condominium = 15 District
Residential Condominium - 22 District
Residential Multi-Family - 25 District
Residential Multi-Family - 44 District
1-1
,
Village Center Land Use Districts
VC-l Village Center Commercial District
VC-2 Village Center Office District
VC-3 Village Center Support District
Business Center Land Use Districts
BC-l Business Center Manufacturing Park District
BC-2 Business Center Manufacturing Service District
Special Purpose Land Use Districts
OS-1 Open Space - 1 District
OS-2 Open Space - 2 District
OS-3 Open Space - 3 District
OS-4 Open Space - 4 District
OS-5 Open Space - 5 District
OS-6 Open Space - 6 District
OS-7 Open Space - 7 District
PQ-l Quasi-Public Facilities District
F-l Future Urban District
B. Adoption of Land Use Districts = Maps
Said several Land Use Districts and boundaries of said Districts and each
of them hereby are established and adopted as shown, delineated and desig-
nated on the EastLake I Land Use Districts Map of the City of Chula
Vista, San Diego County, which map, together with all notations, refer-
ences, data, district boundaries and other information thereon, is made a
part hereof and adopted concurrently herewith.
C. Filing
The original of the EastLake I Official Land Use District Map shall be
kept on file with the City Clerk and shall constitute the original
record. A copy of said Map shall also be filed with the Planning
Department.
D. Changes to the Land Use District Map
Changes to the boundaries of the land use districts shall be made by
ordinance and shall be reflected on the EastLake I Official Land Use
District Map. Minor changes resulting from the approval of a tract map
may be made to the land use district map as an administrative matter.
1.4 Clarification of Ambiguity
If ambiguity arises concerning the appropriate classification of a particular
use within the meaning and intent of this ordinance, or if ambiguity exists
with respect to matters of hei ght, yard requi rements, area requi rements or
land use district boundaries as set forth herein, it shall be the duty of the
Planning Director to ascertain all pertinent facts and forward said findings
(3/1/89)
1-2
and recommendations to the Planning Commission, or on appeal, to the City
Council and if approved by the Commission or, on appeal, by the City
Council. Thereafter, the established interpretation shall govern.
Should any provision of these regulations conflict with those of the
Municipal Code, the requirements herein shall apply.
1.5 Effects of Regulations
The provisions of this ordinance governing the use of land, buildings, and
structures, the size of yards abutting buildings and structures, the height
and bulk of buildings, the density of population, the number of dwelling
units per acre, standards of performance and other provisions hereby are
declared to be in effect upon all land included with the boundaries of each
and every land use district established by this ordinance.
1.6 Enforcement
A. Enforcement Ql City Officials
The City Council, the City Attorney, the City Manager, the Director of
Public Safety, the Building Official, the Planning Director, the City
Clerk and all officials charged with issuance of licenses or permits,
shall enforce the provisions of this ordinance. Any permit, certificate
or license issued in conflict with the provisions of this ordinance shall
be void.
B. Actions Deemed! Nuisance
Any building or structure erected hereafter, or any use of property con-
trary to the provisions of a duly approved Design Review, Site Plan,
Variance, Conditional Use Permit or Administrative Permit and/or this
ordinance shall be and the same hereby is declared to be unlawful and a
public nuisance per se and subject to abatement in accordance with local
ordinance.
C. Remedies
All remedies concerning this ordinance shall be cumulative and not exclu-
sive. The conviction and punishment of any person hereunder shall not
relieve such persons from the responsibility of correcting prohibited
conditions or removing prohibited buildings, structures, signs or improve-
ments, and shall not prevent the enforced correction or removal thereof.
D. Pen a 1t i es
Any person, partnership, organization, firm or corporation, whether as
principal, agent, employee or otherwise, violating any provision of this
ordinance or violating or failing to comply with any order or regulation
made hereunder, shall be guil ty of an infraction and, upon convi ct ion
thereof, shall be punishable as provided by local ordinance.
(3/1/89)
1-3
1.7 Definitions
For the purpose of this Ordinance, certain words, phrases and terms used
herein shall have the meaning assigned to them by Title 19 of the City of
Chula Vista Municipal Code.
When not inconsistent with the context, words used in the present tense
i nc 1 ude the future; words in the s i ngu 1 ar number i nc 1 ude the p 1 ura 1; and
those in the plural number include the singular. The word "shall" is
mandatory; the word "may" is permissive.
Any aspect of land use regulation within EastLake 1 not covered by these
district regulations or subsequent plan approvals, shall be regulated by the
applicable section of the Chula Vista Municipal Code (CVMC).
(3/1/89)
1-4
SECTION II: RESIDENTIAL DISTRICTS
11.0 Purpose
In addition to the objectives outlined in Section 1.0 (Purpose and Scope),
the Residential Districts are included in the Planned Community District
Regulations to achieve the following purposes:
To reserve appropriately located areas for family living at a broad range
of dwelling unit densities consistent with the General Plan and with
sound standards of public health, safety and welfare;
To ensure adequate light, air, privacy and open space for each dwelling;
To minimize traffic congestion and avoid the overloading of public
services and uti 1 ities by preventing construction of buildings of
excessive bulk or number in relation to the land area around them;
To protect residential properties from noise, illumination,
unsightliness, odors, smoke and other objectionable influences; and
To facilitate the provision of utility services and other public
faci lities commensurate with anticipated population, dwelling unit
densities and service requirements.
11.1 land Use District Grouping
To facilitate the establishment of permitted use and development standards
which are applicable to more than one land use district, land use groups are
herein established. The following land use groups are established and shall
be identified by the designation indicated below:
land Use
Group DeSignation
RE
RS
RP
RC.
RM
Land Use District
Included in Group
RE-3
RS-5 and RS-7
RP-8 and RP-13
RC-10. RC-15 and RC-22
RM-25 and RM-44
11.2 Permitted Uses
The following uses shall be permitted where the symbol "P" appears and shall
be permitted subject to a Conditional Use Permit where the symbol "e"
appears. Uses where the symbo 1 "A" appears sha 11 be permitted subject to an
Administrative Review.
(3/4/92)
II-l
land Use
A. Residential Uses
1.
2.
3.
Single family dwellings
Duplex dwellings
Guest dwellings or accessory living
quarters
4. Mobile homes on individual lots
which are certified under the
National Mobile home Construction and
Safety Standards Act of 1974
5. Group residential. including but not
limited to, boarding or rooming homes,
dormitories, and retirement homes
6. Multiple dwellings
7. Townhouse dwellings
B. Agricultural Uses
1. All types of horticulture
2. Agricultural crops
3. Animal raising or grazing
Keeping of three (3) dogs and/or three
(3) cats (over the age of four months)
C. Public and Quasi-Public Uses
4.
1. Day nurseries, day care schools and
nursery schools (over 12 children)*
2. Convalescent homes
3. Churches, convents, monasteries and
other religious places of worship
(subject to requirements of Section
19.58.110 CYMe)
4. Essential public services including but
not limited to: schools. libraries,
museums, parks, public works facilities
and other civic uses
*Under 12 children subject to City standards.
(3/1/89)
II-2
land Use Group
RE RS RP RC RM
P
A
P
P
A
A
P
C
C
C
C
P
P
P
A
P
C
C
C
C
P
P
P
C
A
P
P
A
P
C
C
C
C
P
P
P
P
P
P
A
P
P
A
P
P
P
A
P
A
P
P
C
C
C
C
C
C
C
C
land Use land Use Group
--
RE RS RP RC RM
5. Public utility and public service
substations, reservoirs, pumping plants
and similar installations C C C C C
6. Recreational facilities including but
not 1 imi ted to: country clubs, tennis
and swim clubs, golf courses, racquetball
and handball. (Sites for such facilities
which are 2 acres or less in size shall be
subject to Administrative Review only.) C C C C C
7. Recreational courts, including but not
limited to: tennis, basketball, and
similar uses A A A A A
D. Home Occupations
1. Home occupations subject to the pro-
visions of Section VI.1 A A A A A
E. Accessory Uses
1. Accessory structures and uses located
on the same site as a permitted use A A A A A
2. Accessory structures and uses located
on the same site as a conditional use A A A A A
F. Temporary Uses
1. Temporary uses as prescribed in
Section VI.O A A A A A
11.3 Property Development Standards: Residential Districts
A. The following Property Development Standards shall apply to all land and
buildings, other than accessory buildings, permitted in their respective
residential land use districts. The use of the symbol "SP" indicates
that the standard is established by the approval of a Site Plan. Dimen-
sions and standards are minimums. Minor variations may be permitted
subject to site plan or tract map approval providi ng that the mi nimums
specified herein are maintained as average minimums. lot widths and
depths are herein maintained as average minimums. lot widths and depths
are typical minimums but may vary slightly with irregularly shaped lots
and site specific conditions. The parking standards for a planned Senior
Citizen or "affordable" residential development may be reduced from those
speCified herein for the district in which it is located by the Director
of Planning.
(3/1/89)
II-3
Residential Property Development Standards
Land Use Group
RS RP RC
RE
1. Lot area (in net OOO's
square feet)
8
70
2. Lot width (in feet)
(attached products in RP
district)
3. Lot depth (in feet)
100
4. Lot coverage (percent)
5. Front yard setback:
a) to direct entry garage
b) to side entry garage
(single story garage in
RS district)
40
20
20
6. To main residence
20
31
38
25
100 (RP-8)90 SP
(RP-13)50
5
50
50
20
15
10
20
SP
SP
SP
SP
7. Side yard setback:
a) to adjacent residential 15/5 10/52 SP
lot (min. total/one side)
b) to adjacent street 10 10 10
(corner lot)
8.
9.
Rear yard setback
20
283
Building height, maximum
(2 1/2 story max. RE. RS
& RP districts)
10.
Parking spaces per unit
2
(gar.)
15
283
2
(gar.)
SP
283
24
SP
SP
SP
SP
SP
SP
SP
SP
SP
45
1.5 sp
1 bdrm.
unit
2.0 sp
2 bdrm.
unit
RM
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
45
1.5 sp
1 bdrm.
unit
2.0 sp
2 bdrm.
unit
.,---
May be reduced for attached units with Site Plan
approval
2 RS-5 District only; 13/3 in RS-7 District
3 May be increased to 35 feet with Site Plan approval
4
Two car garage for RP detached units; one car garage and one carport for
RP attached units
(3/10/89)
II-4
2.5 sp
3 bdrm.
unit +
2.5 sp
3 bdrm.
unit +
B. Group Parking Standards for RC and RM Land Use Groups
The parki ng requi rements i nc 1 ude 0.5 spaces for guest parki ng. Thi s
requirement may be reduced to 0.3 space per unit by the Zoning
Administrator which would result in a reduction of the standards set
forth in the table. If more than one space per dwelling unit is assigned
to the dwe 11 i ng unit. then the requi red guest parki ng spaces sha 11 be
marked and clearly identified as guest parking: The guest parking spaces
shall not be permitted to be assigned to individual dwelling units.
C. Special Requirements
1. Front yard setbacks shall be measured from the right-of-way of the
fronting street. The front yard setback may be reduced. subject to
site plan approval. within the RP. RC and RM districts. If the
front yard setback is reduced to less than twenty (20) feet. and the
dwelling unit is located on a street. cul-de-sac. or court contain-
i ng more than twe 1 ve (12) dwell i ng uni ts. then the garage shall be
equipped with an automatic garage door opener.
2. The allowable building area for each lot shall be as permitted in
the table below. The maximum building area for single family
detached and attached products shall be the square footage listed or
that permitted by the percentage of lot area, whichever is greater.
Homeowner additions shall be allowed only where consistent with
these standards. A 300 square foot open patio (covered but open on
three sides) shall be permitted on each residential lot and shall be
exempt from inclusion in this calculation.
Permitted Building Area
District
Square Footage
Lot Area Percentage ~
RS-5
RS-7
RP-8
RP-13
4.500
3.900
2.900
2.000
50%
50%
55%
55%
All residential development north of Telegraph Canyon Road. within
the EastLake I SPA. shall be exempt from this maximum building area
standard.
(3/10/89)
II-5
11.4 Performance Standards: Residential Districts
In all Residenti a 1 Di stricts, the following performance standards shall be
met:
A. Air conditioners, antennas, ham radio antennas, solar panels, heating,
cooling, ventilating equipment and_ all other mechanical, lighting or
electrical devices shall be so operated and located so that they do not
disturb the peace, quiet and comfort of neighboring residents and shall
be screened, shielded and/or sound buffered from surrounding properties
and streets. All equipment shall be installed and operated in accordance
with all other applicable ordinances. Heights of said equipment shall
not exceed the required height of the zone in which they are located.
Private, individual satellite dish antennas are prohibited. Community or
association operated satellite dish antennas may be allowed subject to a
Conditional Use Permit.
B. Required front and exterior side yards shall be landscaped and shall con-
sist predominantly of trees, plant materials, groundcover and decorative
rocks, except for necessary walks, drives and fences. All required land-
scaping shall be permanently maintained in a healthy and thriving condi-
tion, free from weeds, trash and debris. Landscaping requirement may be
met by either installation by the builder or developer, or for single
family development, requirements through CC&R's that individual home-
owners install their front yard landscaping within one year of occupancy,
or sooner if required by CC&R's.
C. All utility connections shall be designed to coordinate with the archi-
tectural elements of the site so as not to be exposed except where
required by utility provider. Pad-mounted transformers and/or meter box
locations shall be included in the site plan with any appropriate screen-
ing treatment. Power lines and cables shall be installed underground.
D. The acceptable outdoor noi se exposure 1 eve 1, measured at the property
line, for each residential district is provided in the table below. (See
amended Chapter 19.66 CVMC for definitions and additional details).
Exterior Noise Limits*
Receiving Land Use District
RE, RS, RP
RC, RM
la.m.=lQ~
55 dbA
60 dbA
lQ~=la.m
45 dbA
50 dbA
*Environmenta1 Noise - 1eq in any hour
*Nuisance Noise - not exceed at any time
(3/1/89)
II-6
E. The maximum permissible dwelling unit interior noise levels are provided
in the table below.
Interior Noise Limits
Time Interval
7 a.m. - 10 p.m.
10 p.m. - 7 a.m.
Any Time
1 min. in 1 hour
~ min. in 1 hour
55 dbA
45 dbA
50 dbA
40 dbA
45 dbA
35 dbA
F. Energy Conservation. Buildings shall be located on the site to provide
adjacent buildi ngs adequate sun light for solar access when pract i ca l.
Buildings should be designed to minimize energy consumption requirements,
including but not necessarily limited to, the following conservation
considerations:
Cogeneration;
South facing windows;
Eave coverage for windows;
Double glazed windows;
Earth berming against exterior walls;
Greenhouses; and,
Deciduous shade trees.
G. In the RC and RM districts, including the conversion of apartments to
condomi ni ums where permi tted, the fo llowi ng performance standards shall
be met:
1. Masonry walls or fences six (6) feet in height, from the highest
finished grade, shall be required where needed for noise attenuation
and/or privacy.
2. Where a lot fronts on more than one street, it shall be considered
to have multiple frontages and shall be required to meet special
side yard setbacks.
3. When an RC and/or RM lot is adjacent to any single family zone, a
minimum of fifteen (15) feet of landscaping shall be maintained on
the RC and/or RM lot between such uses.
4. Lockable, enclosed storage shall be provided in the carport area;
substitutions may be approved by the Director of Planning.
5. Conveniently located common laundry facilities shall be provided for
units which do not have individual hook-ups.
6. Conveniently located and well screened trash enclosures shall be
provided for all dwelling units.
7. Recreation vehicle (including campers, boats and trailers) parking
areas shall be provided, fully screened from view or the development
CC&R's shall prohibit all parking of recreation vehicles.
(3/1/89) 11-7
11.5 Accessory Structures: Residential Districts
Accessory Buildings and Structures: Accessory buildings and structures,
attached or detached, used either wholly or in part for living purposes,
shall meet all of the requirements for location of the main structure as
constructed or required by the District, whichever is less restrictive;
except as herein provided.
A. Enclosed accessory buildings or structures that are attached to the main
building shall not be allowed to encroach into the required rear yard
setback. Open structures may be allowed to encroach into the rear yard
setback subject to approval by the Director of Planning.
B. A detached accessory structure shall meet the setback requirements of the
main building for the front and street side yard areas.
C. A detached accessory structure may be located within an interior side or
rear yard provided that such structure is located no closer than five (5)
feet to an interior side or rear lot line and is at least six (6) feet
from the main structure and does not exceed one story in height.
D. Porches, steps, architectural features such as eaves, awnings, chimneys,
balconies, stairways, wing walls or bay windows may project not more than
four (4) feet into any required front or rear yard area, and not into any
required side yard more than one-half of said required side yard.
11.6 Walls and Fences: Residential Districts
In any required front or side yard adjacent to a street, a wall, fence or
hedge shall not exceed forty-two (42) inches in hei ght, except as provided
herei n.
A. A wall, fence or hedge not more than six (6) feet in height may be main-
tained along the interior side or rear lot line, provided that such wall,
fence or hedge does not extend into a required front or side yard adja-
cent to a street except for noise attenuation as required by the City and
as herein provided.
B. A wall, fence or hedge adjacent to a driveway or street providing vehicu-
lar access to an abutting lot or street shall not exceed forty-two (42)
inches in height within the front or side yard setback area of the lot.
Corner cut-offs may be required to maintain a reduced height in special
circumstances for safety and visibility.
C. Fiberglass or bamboo sheeting or other similar temporary material shall
not be permitted as a fencing material on street frontages.
11.7 Signs: Residential Districts
No si gn or outdoor advert is i ng structure shall be permi tted in any res iden-
tial district except as provided in Section VII.
(3/1/89)
II-8
SECTION III: VILLAGE CENTER DISTRICTS
111.0
Purpose
In addition to the objectives outlined in Section 1.0 (Purpose and Scope).
the Vill age Center Di stri cts are i nc 1 uded in the Pl anned Community Di strict
Regulations to achieve the following purposes:
To provide appropriately located areas for office uses, retail stores,
service establishments and wholesale businesses, offering commodities and
servi ces requi red by residents of the Ci ty and its surroundi ng market
area;
To provide an opportunity for commercial and quasi-public community
support facilities;
To encourage offi ce and commerci a 1 uses to concentrate for the
convenience of the public and for a more mutually beneficial relationship
to each other;
To provi de adeq uate space to meet the needs of modern commerci a 1
development, including off-street parking and loading areas;
To minimize traffic congestion and to avoid the overloading of utilities
by preventing the construction of buildings of excessive size in relation
to the amount of land around them;
To protect commercial properties from noise, odor, smoke, unsightliness,
and other objectionable influences incidental to industrial uses; and
To promote high standards of site planning. architectural and landscape
design for office and commercial developments within the City of Chula
Vista.
111.1
Permitted Uses
The following uses shall be permitted uses where the symbol "P" appears and
shall be permitted subject to a Conditional Use Permit where the symbol "c"
appears. Uses where the symbol "A" appears shall be permitted subject to an
Administrative Review.
(3/1/89)
III-l
land Use
A. Administrative and Professional
Services
B. General Commercial Uses
1. Antique shops (no outdoor storage)
2. Apparel stores
3. Art, music and photographic
studios and supply stores
4. Appliance stores and repair (no
outdoor storage)
5. Arcades and electronic games (see
Section Vl.4)
6.
7.
Athletic and health clubs
VC-l
( Commerci a 1)
Automobile and/or truck services, sales,
rental agencies; car wash
8.
9.
Bakeries - retail
Barber and beauty shops
10. Bicycle shops, non-motorized
11. Blueprint and photocopy services
12. Book, gifts and stationery stores
13. Candy stores and confectioners
14. Catering establishments
15. Cleaners
16. Commercial recreation facilities
not otherwise listed
(3/1/89)
II 1-2
P
P
P
P
P
C
P
A
P
P
P
P
P
P
P
P
C
land Use Group
VC-2
(Office)
P
P
P
P
P
P
C
VC-3
(Support)
P
C
P
C
P
A
A
A
Land Use
VC-1
( Commerci a 1)
17. Eating and drinking establishments:
a.
Bars (no entertainment)
C
b. Nightclubs. cabarets. restaurants,
coffee shops. delicatessens:
1) with alcoholic beverages
and/or entertainment
C
p
2) without alcoholic beverage
c.
Snack bars and refreshment stands
contained within a building P
Fast food restaurants with drive-in
or drive-through C
18. Equipment rental (enclosed building) P
d.
19. Feed and tack stores (no outside storage) P
20. Florists' shops
P
21. Food stores, supermarkets, drug stores P
22. Furniture stores P
23. Gasoline service stations
C
P
P
P
24. Hardware stores
25. Hobby shops
26. Hotels and motels
27. Janitorial services/supplies P
28. Jewelry stores P
29. Junior department. department stores.
discount and membership department
stores P
(3/1/89)
II 1-3
Land Use Group
VC-2
(Office)
C
P
P
C
P
C
C
VC-3
(Support)
C
C
P
P
C
C
C
land Use
VC-1
( Commerci a 1)
30. Kiosks, including photo sales,
located in parking lot
A
P
C
31. liquor stores
32. Mortuaries
33. Motorcycle sales and services including
motorized bicycles A
34. Newspaper and magazine stores, including
printing and publishing P
35. Nurseries and garden supply stores in
enclosed area
P
P
C
36. Office supplies/stationery stores
37. Parking facilities (commercial)
38. Pharmacies
P
P
P
A
P
39. Photocopying services
40. Printing shops
41. Recycling drop-off bins
42. Retail stores and shops
43. Sign painting shops (enclosed building) P
44. Stamp and coin shops P
45. Swimming pool supplies P
46. Television, stereo and radio stores
including sales and repair P
47. Theaters
A
A
P
48. Tire sales and services
49. Travel agencies
50. Veterinary offices and animal hospitals
A
(3/1/89)
I II-4
land Use Group
VC-2
(Office)
A
C
P
P
C
P
P
P
A
C
C
P
C
VC-3
(Support)
A
A
C
C
A
A
A
C
C
land Use Group
land Use
VC-1
( Commerc i a 1)
VC-2
(Office)
C. Public and Semi-Public Uses
1.
Day nurseries. day care schools (subject
to provisions of the Municipal Code) A
A
C
2.
3.
Convalescent homes and hospitals C
Clubs and lodges including YMCA,
YWCA and similar youth group uses A
A
C
P
C
4.
5.
6.
7.
Educational institutions C
Post offi ce P
Religions institutions C
Group care facilities and residential
retirement hotels C
C
P
8.
9.
Utilities, public and private P
Uses determined to be similar and
consistent with the purposes of this
chapter
C
C
D. Accessory Uses
1.
Accessory structures and uses located
on the same site as a permitted use
P
P
2.
Accessory structures and uses located
on the same site as a conditional use
A
A
E. Temporary Uses
III.2
1.
Temporary uses as prescribed in Section
VI.O
P
VC-3
(Support)
P
C
P
C
P
P
C
P
C
P
A
P
The property development standards that shall apply to all land and buildings
permitted in the Vi 11 age Center Di stricts sha 11 be those i ndi cated on an
approved site plan submitted pursuant to Section 19.14.420 through Section
19.14.480 inclusive in Title 19 of the Chula Vista Municipal Code.
(3/1/89)
P
Property Development Standards: Village Center Districts
I II-5
III.3
Performance Standards: Village Center Districts
A. Required front and street side yards shall be landscaped. Said land-
scaping shall consist predominantly of plant materials except for neces-
sary walks and drives. All planting and irrigation shall be in accord-
ance with the City's Landscape manual. All required landscaping shall be
permanently maintained in a healthy and thriving condition, free from
weeds, trash and debris.
B. The noise level emanating from any commercial use or operation shall not
exceed the standards established in the Chula Vista Municipal Code.
C. All ground mounted mechanical equipment, including heating and air condi-
tioning units and trash receptacle areas, shall be completely screened
from surrounding properties by use of a wall or fence, or shall be enclos-
ed within a building. No material or equipment so screened shall have a
height greater than that of the enclosing wall, fence or building. Struc-
tural and design plans for any screening required under the provisions of
this section shall be approved by the Planning Director.
O. All roof appurtenances including, but not limited to, air conditioning
units, and mechanical equipment shall be shielded and architecturally
screened from view from on-site parking areas, adjacent public streets
and residential uses within the Village Center.
E. Reciprocal ingress and egress, circulation and parking arrangements shall
be required to facilitate the ease of vehicular movement between adjoin-
ing properties.
F. Lighting. All light sources shall be shielded in such a manner that the
light is directed away from streets or adjoining properties. Illumina-
tors should be integrated within the architecture of the building. The
i ntens i ty of li ght at the boundary of any Vi 11 age Center Oi stri ct shall
not exceed seventy-five (75) foot lamberts from a source of reflected
light.
G. All utility connections shall be designed to coordinate with the archi-
tectural elements of the site so as not to be exposed except where
required by util ity provider. Pad mounted transformers and/or meter box
locations shall be included in the site plan with an appropriate screen-
ing treatment.
H. Except where otherwi se approved on a site plan, outdoor storage and/or
sales areas shall be entirely enclosed by solid walls not less than six
(6) feet in height to adequately screen outdoor storage areas. Stored
materials shall not be visible above the required walls.
I. Air Pollution. There shall be no emission on any site, for more than one
minute in any hour, of air contaminants which, at the emission point or
within a reasonable distance of the emission point, are as dark or darker
in shade as that designated as No. 1 on the Ringelman Chart as published
in the United States Bureau of Mines Information Circular 7718.
J. Odor. No use shall be permitted which creates odor in such quantities as
to be readily detectable beyond the boundaries of the site.
(3/1/89)
II 1-6
K. Energy Conservation. Buildings should be located on the site to provide
adjacent buil di ngs adequate sunlight for solar access when practi ca 1.
Buildings should be designed to minimize energy consumption. including
but not necessarily limited to the following conservation measures:
Cogeneration;
South facing windows;
Eave coverage for windows;
Earth berming against exterior walls; and.
Deciduous shade trees.
(3/1/89)
II 1-7
SECTION IV: BUSINESS CENTER DISTRICTS
IV.O Purpose
In addition to the objectives outlines in Section 1.0 (Purpose and Scope).
the Bus i ness Center Di stri cts are i nc 1 uded to provi de for aqua 1 i ty working
environment and to achieve a harmonious mixture of uses which might otherwise
be considered incompatible when located in close proximity. Activities are
intended to promote employment opportunities in manufacturing. service.
research and development, engineering and wholesale trade. In addition, the
Business Center Districts are included to advance the following objectives:
To reserve appropriately located areas for industrial use and protect
these areas from intrusion by dwellings and other non-harmonious uses;
To protect residential and commercial uses from noise, odor, dust, smoke,
light intrusion, truck traffic and other objectionable influences and to
prevent fire, explosion, radiation and other hazards incidental to cer-
tain industrial activities:
To promote sufficient open space around industrial structures to protect
them from hazard and to minimize the impact of industrial operations on
nearby residential or commercial districts: and
To minimize traffic congestion and avoid overloading utilities by re-
stricting construction of buildings of excessive size in relation to the
amount of land around them.
A. Business Center Manufacturing Park District
This district is intended as an area for modern industrial. research, and
administrative facilities which can meet high performance and development
standards.
B. Business Center Manufacturing Service District
This district is intended as an area for light industrial and limited
servi ce commerci a 1 uses which can meet high performance and development
standards.
IV.l Permitted and Conditional Uses: Business Center Districts
The following uses shall be permitted uses where the symbol "P" appears and
shall be permitted uses subject to a Conditional Use Permit where the symbol
"c" appears. Uses where the symbol "A" appears sha 11 be subject to an
Administrative Review.
(3/1/89)
IV-1
Land Use
A. Manufacturing
1. Manufacturing, compounding,
assembly or treatment of
articles or merchandise
from the following pre-
viously prepared typical
materials such as canvas,
cellophane, cloth, cork,
felt, fiber, fur, glass,
leather, paper (no mill-
ing), precious or semi-
precious stones or metals,
plaster, plastics, shells,
textiles, tobacco, wood,
and yarns; novelty items
(not including fireworks
or other explosive type
items)
2. Electrical and related
parts; electrical appli-
ances, motors and devices;
radio, television, phono-
graph and computers; elec-
tronic precision instru-
ments; medical and dental
instruments; timing and
measuring instruments;
audio machinery; visual
machinery; cosmetics, drugs,
perfumes, toiletries and
soap (not including refin-
ing or rendering of fat
or oils)
3. Furniture upholstering
4. Rubber and metal stamp manufac-
turing
(3/1/89)
IV-2
BC-1
Land Use Group
BC-2
(Manufacturing
Park)
p
P
P
P
(Manufacturing
Service)
C
P
P
P
land Use
5. laboratories; chemical
6. laboratories; dental, electrical,
optical, mechanical and
medical
7. Bottling plants
8.
Cement products manufacturing
B. Storage and Wholesale Trades
1. Mini-storage, public storage and
storage warehouses
2. Moving and storage firms
3. Building materials and lumber
storage yards and/or contractors'
yards
4. Building equipment storage, sales.
rentals
5.
6.
Automobile fleet storage
Trailer, truck, or bus terminal
C. Services
1. Animal hospital or veterinary clinic
and/or office
2. Automobile and/or truck services
including but not limited to: sales.
rental agencies, body repair, paint-
ing and car washes
3.
Blueprinting and photocopying
(3/1/89)
IV-3
land Use Group
BC-l
(Manufacturing
Park)
C
P
P
C
C
C
C
p
p
BC-2
(Manufacturing
Service)
C
p
p
C
p
p
C
C
C
C
p
C
P
Land Use
--
4.
5.
Cleaning and dyeing plant
Distributors, showrooms and
automobile offices
6. Eating and drinking establishments:
a.
Bars
b. Restaurants, coffee shops,
de li catessens:
1) With alcoholic beverages
2) Without alcoholic beverages
c.
Snack bars, take-out only;
refreshment stands within a
building
d.
Fast food restaurants with
drive-in or drive-through
7.
Furniture sales, new and used
(no outdoor sales or display)
Gasoline dispensing and/or automobile
service station
8.
9.
Kennels
10. Heliports
11. Motels, hotels and convention centers
12. Newspaper publishing, printing, and
distribution, general printing and
lithography
13. Offices, businesses, medical, pro-
fessional, real estate and research
14. Retail commercial when in conjunction
with a permitted or conditional use
(3/1/89)
IV-4
Land Use Group
BC-1
(Manufacturing
Park)
P
C
C
A
P
C
P
C
C
C
P
P
P
BC-2
(Manufacturing
Service )
C
P
C
C
A
P
C
P
C
C
C
C
P
P
P
land Use
land Use Group
BC-1
BC-2
(Manufacturing
Park)
(Manufacturing
Service)
D. Public and Semi-Public Uses
1. Day nurseries, day care schools and
nursery schools
A
A
A
C
2. Post offices and post office terminals
3. Public utility pumping stations,
equipment building and installation
A
A
C
4.
5.
Public utility service yards
Educational institutions, public or
private including vocational schools
C
C
E. Accessory Uses
1. Accessory structures and uses located
on the same lot as permitted or
conditional use
P
P
2. Incidental services for employees on
a site occupied by a permitted or
conditional use, including day care,
recreational facilities, showers
and locker rooms
P
P
3. Watchman's or caretaker's living
quarters only when incidental to and
on the same site as a permitted or
conditional use
A
A
F. Temporary Uses
1. Temporary uses as prescribed in
Section VI.O
P
P
(3/1/89)
IV-5
IV.2 Property Development Standards: Business Center Districts
The following property development standards apply to all land and buildings
other than accessory buildings authorized in this district. Any legal lot
may be used as a building site. except no building permit shall be issued for
any lot having a lot size less than 6,000 square feet. Each building site
shall have a minimum 20 foot wide vehicular access to the street.
A. General Requirements
The following requirements are minimums unless otherwise stated:
BC-l
BC-2
Manufacturing Manufacturing
Park) Service)
1. Lot area, net 1 ac.* 1 ac. *
2. Lot width (in feet) 100 150
3. Lot depth (in feet) 150 150
4. Front yard setback (in feet) 20 25
5. Side yard setback each side (in feet) 10 15
6. Public street setback (in feet) 20 20
7. Rear yard setback (in feet) 10** 10**
8. Buil di ng height, maximum 35 feet or 2 stories
whichever is 1 es s
9. Lot coverage (percent. net) 60 70
* Map for condominium development does not need to meet lot area require-
ment. Minimum lot area may be reduced to 10,000 sf for master planned
building complexes, subject to approval of a Precise Plan. Such Precise
Plan shall be for a total site of no less than 60,000 sf.
** May be reduced to zero (0) with Site Plan approval.
B. Special Requirements
1. Along all street frontages situated across from any residentially
zoned property, a minimum three foot high landscaped earthen berm
shall be constructed. long all other lot lines adjacent to residen-
tial districts, a maximum eight (8) foot high wall may be construct-
ed if required following Planning Director review. Fences should
blend in with the site's architecture.
2. Streetscapes shall be enhanced to provide an easy transition from
the street to the building. Patios, circulation and parking spaces
can be included in setback areas to help buffer adjoining parcels
from one another.
(3/1/89) IV-6
3. Reciprocal ingress and egress, circulation and parking arrangements
shall be required where possible and feasible to facilitate vehic-
ular movement between adjoining properties and to limit superfluous
driveways.
IV.3 Performance Standards: Business Center Districts
A. In all Business Center Districts the required setbacks shall be land-
scaped. Landscaping shall consist predominantly of plant materials and
shall be irrigated by automatic sprinklers. All planting and irrigation
shall be in accordance with the City's Landscape Manual. All landscaping
shall be permanently maintained in a clean, healthy and thriving condi-
tion, free of weeds, trash and debris.
B. All ground mounted mechanical equipment, including heating and air condi-
tioning units and trash receptacle areas, shall be completely screened
from surrounding properties by use of a parapet, wall or fence, or shall
be enclosed within a building. Exposed gutters, downspouts, vents,
louvers and o~her similar elements shall be painted to match the surface
to which they are attached unless they are used as part of the design
theme.
C. All utility connections shall be designed to coordinate with the archi-
tectural elements of the site so as not to be exposed except where
requi red by uti 1 ity provider. Pad-mounted transformers and/or meter box
locations shall be included in the site plan with an appropriate screen-
ing treatment.
D. Lighting. All light sources shall be shielded in such a manner that the
light is directed away from streets and adjoining properties. Illumina-
tors shall be integrated within the architecture of the building. The
intensity of the light at the boundary of any Business Center District
sha 11 not exceed seventy-five (75) foot 1 amberts from a source of re-
f] ected 1 i ght.
E. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary
construction operation shall be permi tted whi ch creates changes in tem-
perature or direct glare, detectable by the human senses without the aid
of instruments, beyond the boundaries of the site. No use shall be per-
mitted which creates electrical disturbances that affect the operation of
any equipment beyond the boundary of the site.
F. Fire and Explosive Hazard. All storage of and activities involving in-
flammable and explosive materials shall be provided with adequate safety
and fi re fighting devices to the specifications of the Uniform Fire
Code. All incineration is prohibited. Adequate smoke detectors shall be
installed in all new construction.
(3/1/89)
IV-7
G. Noise. The acceptable outdoor noise exposure levels, measured at the
property line, for the Business Center districts are given in the table
below. (See amended Chapter 19.66 CVMC for definitions and additional
details. )
Exterior Noise Limits*
Receiving Land Use District
I a.m. = 10 ~
JQ~=I~
BC-l, BC-2
70 dbA
70 dbA
*Environmental Noise - Leq in any hour
*Nuisance Noise - not exceeded at any time
H. Odor. No use shall be permitted which created odor in such quantities as
to be readily detectable beyond the boundaries of the site.
I. Radioactivity. In all Business Center Districts, the use of radioactive
materials shall be limited to measuring, gauging and calibration devices,
and medical X-ray diagnostic equipment.
J. Vibration. No use except a temporary construction operation shall be
permitted which generates inherent and recurrent ground vibration percep-
tible, without instruments, at the boundary of the lot on which the use
is located.
K. In any Business Center District, the conversion of a project to condo-
minium ownership shall meet all the requirements of the zone to the maxi-
mum extent possible. Specific City Council waiver shall be required
where the zone requirements cannot be met.
L. Air Pollution. There shall be no emission on any site, for more than one
minute in any hour, of air contaminants which, at the emission point or
within a reasonable distance of the emission point, which is as dark or
darker in shade as that designated as No. 1 on the Ringelman Chart as
published in the United States Bureau of Mines Information Circular 7718.
M. Outdoor Storage Areas shall be entirely enclosed by solid walls not less
than eight (8) feet in height to adequately screen views from the exter-
nal boundaries of the property.
N. Energy Conservation. Buildings shall be located on the site to provide
adjacent buildi ngs adequate sun 1 i ght for solar access when practical.
Buildings should be designed to minimize energy consumption, including,
but not necessarily limited to the following conservation measures:
Cogeneration;
South faCing windows;
Eave covering for windows;
Earth berming against exterior walls; and,
Deciduous shade trees.
(3/1/89)
IV-8
'.
o. Toxic Materials. No land or building shall be used or occupied in any
manner which creates an unhealthful, dangerous, noxious or otherwise
objectionable condition due to the use, storage or proximity to toxic
materials.
P. Liquid or Solid Waste. The discharge or deposit of liquid or solid
wastes shall be subject to the provisions of Section 19.66.150 CVMC.
(3/1/89)
IV-9
SECTION V: SPECIAL PURPOSE DISTRICTS
V.O Purpose
These districts are intended for general agriculture. open space. public and
quasi-public uses. Only those additional uses which are complementary to.
and can exist in harmony with. open space are permitted. For the open space
districts. there is no lot size limitation and it is the intent that these
districts may be applied to a portion of a lot provided that the remainder of
the lot meets the requirements for which it is zoned.
In addition to the objectives outlined in Subsection 1.0 (Purpose and Scope).
the Open Space District is included in the Planned Community District
Regulations to achieve the following purposes:
To preserve open space for the conservation of natural resources;
Maintain the natural character of the land;
Provide for public/quasi-public and recreational uses;
Conserve areas of historic and community significance for the enjoyment
of future generations;
Provide for private use of land under limited development; and
Promote public health and safety.
V.l Permitted and Conditional Uses: Open Space Districts
The following uses shall be permitted uses where the symbol "P" appears and
shall be permitted uses subject to a Conditional Use Permit where the symbol
"c" appears. Uses where the symbol "A" appears shall be subject to an
Administrative Review.
land Use OS-l OS-2 05-3 OS-4 05-5 05-6 05-7
--
Agriculture - Interim A A A A A A A
Arboreta (horticultural garden) A A A P A P P
Christmas tree sales A A A A A A
Commercial equestrian facilities A
Conference facilities C C
Field crops A A A A A
Fruit and vegetable stands C A A
Golf course/Country Club P A
Health Club/Spa P P P
Heliport C C C
Hotel/Motel/lodging facilities C C
Incidental concessions P P P P
Parks and recreation facilities P P P P P P P
Public and quasi-public uses C C A C P A A
Temporary tract signs and offices A A A A A A A
Tree farming A A A A A A A
Utilities (public and private) P P P P P P P
(3/1/89) V-l
.
V.2 Permitted and Conditional Uses: Quasi-Public Facilities (PQ) and
Future Urban (F) Districts
The following uses shall be permitted uses where the symbol "p" appears and
shall be permitted uses subject to a Conditional Use Permit where the symbol
"c" appears. Uses where the symbol "A" appears shall be subject to an
Administrative Review.
land Use
--
Agriculture - Interim
Arboreta (horticultural garden)
Christmas tree sales
Church/Religious Institution
Church related schools
Club. lodge. faternal organization
Community Facility
Crops. Field
Fruit and vegetable stands
Grading and Infrastructure Improvements
Incidental Concessions
Parks and Recreation Facilities
Public and Quasi-public uses
Temporary tract signs and offices
Utilities (public and private)
PQ-l F-1
A P
P
A
P
C
A
P
P
C
P P
A
P
P
A A
P P
V.3 Property Development Standards: Special Purpose Districts
A. The following regulations shall apply to the site of a Permitted or
Conditional Use. The requirements are minimum unless otherwise stated.
1. Density - Maximum Dwelling unit
per legal lot 0
2. lot width (in feet) None Required
3. lot depth (in feet) None Required
4. Front yard setback (i n feet) 20
5. Rear yard setback (in feet) 20
6. Side yard setback (in feet) each side 20/10
7. Building height 35 feet or two stories.
whichever is less
V.4 Signs: Special Purpose Districts
Signs approved as a component of a SPA Plan (or Comprehensive Sign Program)
shall be permitted within open space districts included within the SPA.
Other signs shall be permitted only as provided in Section VII of these
regulations.
(3/1/89)
V-2
.
SECTION VI: SPECIAL USES AND CONDITIONS
The prOV1Slons of this ordinance shall apply to the uses and conditions
hereinafter enumerated. Where this section prescribes regulations more
restrictive than the land use district in which a use or conditional use is
permitted, the provisions of this section shall apply.
VI.O Temporary Uses
The provisions of this Section shall be known as the Temporary Use
Reg u la t ions and sha 11 provi de regu 1 at ions for the uses here i nafter
enumerated. Where this Section prescribes regulations more restrictive than
the zone in which a use or conditional use is permitted, the provisions of
this Section shall apply. Temporary uses are subject to approval by the
Director of Planning,' except as noted.
A. Temporary Uses Listed
1. Circuses, rodeos, parades or similar outdoor entertainment or enter-
prises, subject to not more than five (5) calendar days of operation
in any calendar year. Requests exceeding these limitations will
require the submittal and approval of a conditional use permit.
2. Christmas tree sales lots, Halloween pumpkin sales, and other
holiday sales subject to not more than forty (40) calendar days of
site occupation and operation in any calendar year.
3. Subdivision sales offices, sales information centers, sales
pavilions, and model home complexes located within the subdivision.
subject to the following minimum requirements:
(3/1/89)
a.
Offices shall be no closer than one vacant lot to an existing
dwelling unit not part of the subdivision. trailers may be used
for no more than ninety (90) calendar days or until such time
as the subdivision sales offices have been completed. whichever
is less;
b.
An AC paved parking lot shall be provided with sufficient
parking spaces to accommodate said use;
c.
Offices shall be allowed for a maximum of four years;
d.
Faithful performance bonding in an amount appropriate to
guarantee removal and/or conversion of the sales office and
attendant facilities shall be required; and,
f.
Other conditions that the Director of Planning deems necessary
to assure that the sales office .will not constitute a nuisance
or be objectionable to the residential uses in the neighbor-
hood.
VI-l
4. Outdoor art and craft shows and exhi bi ts, subject to not more than
three (3) calendar days of operation or exhibition in any sixty (60)
calendar day period.
5. Contractors' offices and storage yards on the site of an active
construction project.
6. Mobilehome residences for security purposes on the site of an active
construction project.
7. Outdoor display and sales located within commercially zoned
properties not to exceed more than five (5) calendar days in any
sixty (60) calendar days and subject to appropriate conditions of
the Planning Department.
8. Seasonal retail sales of agricultural products (fruit and vegetable
stands) for periods of less than ninety (90) days, if said products
are raised on the premises.
9. Temporary use of properly designed mobile trailer units for class-
rooms, offices, banks, etc., for periods not to exceed ninety (90)
days subject to Administrative Review. Requests for such uses of
more than ni nety days duration sha 11 requi re approval of a Condi-
tional Use Permit by the Planning Commission. Such units shall meet
all necessary requirements of building, fire and health codes.
10. For any agricultural and animal husbandry activity or project (4-H,
FFA, or similar) conducted for educational purposes or school
credits, a permit may be granted in any district when the Director
of Planning determines that such use will not cause a public
nuisance relative to sanitation and health conditions.
11. Charitable or school sponsored drop-off bins for recycling of cans,
newspapers or similar items, or for drop-off of clothes and small
items. Bins shall be located in the parking lots of businesses or
other publ ic or semi-public property on a temporary basis when
written permission is granted by the property or business owner.
Said bins shall be kept in a neat and orderly manner.
12. Additional uses determined to be similar to the foregoing in the
manner prescribed by Section 1.4 of these regulations.
B. Permits and Bonds
A 11 temporary uses shall be subject to the issuance of a Temporary Use
Permit by the Planning Director and other necessary permits and licenses,
including but not limited to building permits, sign permits, and
solicitors or vending licenses. In the issuance of such a permit, the
Planning Director shall indicate the permitted hours of operation and any
other conditions, such as walls or fences and lighting, which are deemed
necessary to reduce possible detrimental effects to surrounding
developments and to protect the public health, safety and welfare. Prior
to the issuance of a permi t for a temporary use, except those 1 i sted
under C, F, G, K and L above, a cash depos i t may be requi red to be
deposited by the City. This cash deposit shall be used to defray the
(3/1/89)
VI-2
costs of clean-up of the property by the City in the event the permittee
fails to do same.
C. Extension or Modification of Limits
Upon written application. the Planning Director may extend the time
within which temporary uses may be operated. or may modify the limita-
tions under which such uses may be conducted if the Planning Director
determines that such extension or modification is in accord with the
purposes of the zoning regulations.
D. Condition of Site Following Temporary Usage
Each site occupied by a temporary use shall be left free of debris.
litter. or any other evidence of the temporary use upon completion or
removal of the use. and shall thereafter be used only in accord with the
provisions of the zoning regulations.
E. Fee
The application shall be accompanied by a fee established by the Master
Fee Schedule to cover the cost of processing the application prescribed
in this section. This fee may be waived by the approving authority for
charitable groups that do not need any public services.
VI.l Home Occupations
A. Home occupations may be permitted only when in compliance with the condi-
tions listed herein. A permit must be issued by the Planning Director
prior to operation of such use. The fee shall be in accordance with the
Master Fee Schedule.
1. There shall be no stock in trade or exterior storage of materials in
the conduct of a home occupation.
2. A home occupation shall be conducted entirely within a dwelling; if
in an attached or a detached garage. it shall not impede the use of
said garage for vehicle storage.
3. Electrical or mechanical equipment which creates visible or audible
interference in radio or television receivers or causes fluctuations
in lint voltage outside the dwelling unit. shall be prohibited.
4. Only the residents of the dwelling unit may be engaged in the home
occupation.
5. There shall be no sale of goods on the premises.
6. The establishment and conduct of a home occupation shall not change
the principal character or use of the dwelling unit involved.
7. There shall be no signs other than those permitted by this ordin-
ance.
(3/1/89) VI-3
8. The required residential off-street parking shall be maintained.
9. A home occupation shall not create vehicular or pedestrian traffic
in excess of that which is normal for the land use district in which
it is located.
10. No vehicles or trailers (including pick-up trucks and vans) or con-
struction or other equipment, except those normally incidental to
residential use, shall be kept on the site.
VI.2 Recreational Courts
Construction of recreation courts, including necessary fencing and lighting,
may be permitted subject to administrative review and a finding that adjacent
properties will not be unduly affected.
Recreation courts shall meet the following minimum standards:
A. A maximum 20-foot high fence (measured from the finished grade of the
court) shall be allowed. Fences shall include a screening material which
screens the court activity from off-site view and which improves the
appearance of the fence.
B. Setbacks for the court shall be:
Side yard:
Rear yard:
10 feet
10 feet
C. Maximum of eight (8) lights permitted, height not to exceed 22 feet. All
lights and light fixtures shall be certified by a qualified lighting
engineer to:
1. Be designed, constructed, mounted and maintained such that, the
light source is cut off when viewed from any point five (5) feet
above the ground measured at the lot line.
2. Be designed. constructed, mounted and maintained such that the maxi-
mum ill umi nat ion i ntens i ty measured at the wa 11 of any res i dent i a 1
building on abutting property shall not exceed 1/2 foot candle above
ambient levels.
3. Be used between 7:00 a.m. and 10:00 p.m.
D. The surface area of any recreational court shall be designed, painted,
colored and/or textured to reduce the reflection from any light incident
thereon.
E. Landscapi ng shall be i nsta 11 ed as requi red between the fence and the
property line.
(3/1/89)
VI-4
VI.3 Kennels - Commercial and Non-commercial
The following regulations are established for operation and maintenance of
commercial and non-commercial kennels in the Manufacturing Service Land Use
Districts pursuant to Section IV.l.C.9.
A. Animal runs shall meet the following minimums:
1. Minimum sizes:
3'0" X 5'0" for small size animals
3'0" x 9'0" for medium size animals
9'0" x 9'0" for large size animals
2. Animal runs shall be constructed and/or coated with non-porous
material to discourage the breeding of ticks and other similar
pests.
3. All animal runs and animal holding areas shall have concrete or
other durable flooring sloped for proper drainage.
4. All animal runs shall be provided with adequate enclosures to
provide protection from inclement weather.
5. All animal runs shall be provided with drains sufficient to control
drainage and daily washing of the runs.
6. All animal runs shall be washed down daily to control odor, flies
and the breeding of ticks, fleas, bacteria and other similar pests.
B. All kennels shall be served by sewer and/or all excrement produced by
said kenneled animals shall be dispersed on a regular basis so as to con-
trol flies and odor, or stored in an enclosed container and dispersed on
a regular basis.
C. All noise shall be sound attenuated so that the noise level measured at
the property line is within the ambient level for the land use district
in which the site is located.
D. No animal runs, exercise areas or keeping of the kenneled animals for
commercial and non-commercial purposes shall be located within the
required front, street side or side yards of the land use district in
which the site is located.
VI.4 Arcades
A. In order to mlnlmlze adverse effects that arcades and electronic games
may have on the neighborhood or area in which it is located, the follow-
ing regulations are established. Arcades may be permitted only in the
Village Center Commercial land use district subject to a conditional use
permit and to the conditions listed herein:
(3/1/89)
VI-S
1. All such facilities shall provide parking with ingress and egress
designed so as to minimize traffic congestion; shall be not less
than twenty feet away from any adjacent residential zone; and shall
show that adequate controls or measures will be taken to prevent
offensive noise and vibration. Should the Municipal Code be amended
to provide additional regulation of these uses, such amendments
shall apply to arcade or similar uses within EastLake I.
2. The operation of four or less machines shall be permitted provided
their operation is ancillary to the use of the building and said use
does not materially alter the principal use of such a building. The
operation of four or less machines where they are the principle use
may be approved by the Planning Director where, in his judgment, the
location does not constitute a traffic or safety hazard to the
public or abrogate the intent of the regulations contained in this
section.
(3/1/89) VI-6
SECTION VII: COMPREHENSIVE SIGN REGULATIONS
VII.O
Purpose
The provisions of Sections VILO through VII.3. inclusive, shall be known as
the Comprehensive Sign Regulations. It is the purpose of these provisions to
establish a comprehensive system for the regulation of on-site and off-site
signs.
The City of Chu1a Vista recognizes the need for signs as a means to identify
businesses within the community. However, the City also recognizes that
signing is an important design element of the physical environment. Regula-
tions consistent with the goals and objectives of the community are necessary
to ensure that the character and image the community is striving for can be
attained.
It is the purpose of this chapter to make EastLake I attractive to residents,
visitors, and commercial, industrial and professional businesses while main-
taining economic stability through an attractive signing program. Specific-
ally, the purposes of this chapter are to:
Protect the general public health, safety and welfare of the community;
Reduce possible traffic and safety hazards through good signing;
Direct persons to various activities and uses, in order to provide for
maximum public convenience;
Provide a reasonable system of sign regulations, to ensure the develop-
ment of a high quality visual environment;
Encourage signs which are well designed and pleasing in appearance and to
provide incentive and latitude for variety, good design relationship to
the business or use it identifies, and spacing between signs and build-
ings;
Encourage a desirable urban character which has a minimum of clutter;
Enhance the economic value of the community and each area, business and
use thereof, through the regulation of such elements as size, number,
location design and illumination of signs; and,
Encourage signs which are well located, and take in to account the
service and usage of adjacent areas.
(3/1/89)
VII-1
VII.l
Permit Requirement and Review
A. Sign Permit Required
A sign permit shall be required in accordance with Section 19.60.030 of
the Municipal Code for any sign except as follows; provided, however, any
signage in excess of the specific exemption listed below is prohibited:
1. Permanent window signage not exceeding twelve (12) square feet per
business frontage and limited to the name of the business, service,
or use, hours of operation, address and emergency information,
except exposed neon tubing signs advertising products for sale on
the premises, are permitted as permanent signs.
2. Temporary advertising signage painted on the window or constructed
of paper, cloth, or similar expendable material affixed on the
window, wall or building surface, provided that all of the following
conditions are met:
a. The total area of such signs shall not exceed twenty-five (25)
percent of the window area; however, in all cases, twelve (12)
square feet per business frontage is permitted.
b. Such signs shall be affixed to the surface for no more than
thirty (30) continuous calendar days but for not more than
sixty (60) days each calendar year, to promote a particular
event or sale of product or merchandise.
3. Real Estate Signs for Residential Sales: One (1) sign per street
frontage not exceeding four (4) square feet in area and five (5)
feet in height, provided it is unlit and is removed within fifteen
(15) days after the close of escrow or the rental or lease has been
accomplished. Signs placed on the rear street frontage are
prohibited. Open House signs not exceeding four (4) square feet in
area and five (5) feet in height are permitted for directing
prospective buyers to property offered for sale.
4. Political signs: Political signs having to do with any issue,
ba 11 ot measure, pol itica 1 statements and expressions, or candidate
in any Municipal, County, State or Federal election shall be
permitted subject to the following provisions and any other
applicable provisions within this chapter. .
a.
Any person, party or group posting signs in the City shall
abide by the provisions herein set forth.
b.
All political signs shall be placed, erected, constructed,
painted or assembled, no earlier than thirty (30) calendar days
prior to the election and shall be removed no later than ten
(10) calendar days following the date of the election.
(3/1/89)
VII-2
c. A political sign shall not exceed thirty-two (32) square feet
in total area for one side; double-faced signs shall not exceed
thirty-two (32) square feet per side. No signs shall be placed
in a manner that would obstruct visibility of or impede pedes-
trian or vehicular traffic, or to endanger the health, safety,
or welfare of the community.
d. All political signs shall not exceed an overall height of eight
(8) feet from the finished grade immediately around the sign.
e. No political signs shall be lighted either directly or indirect-
ly unless said sign is erected, painted or constructed on an
authorized structure already providing illumination.
f. No political sign shall be placed or affixed to a traffic
signal, street light. tree, fence, utility pole or existing
sign, nor shall be posted on any public property or in the
public right-of-way, if in the opinion of the Director of Plan-
ning, said sign impedes or renders dangerous public access to
any public improvement, including but not limited to utility
poles and fire hydrants; or obstructs the vision of any sign
designed to regulate, control or assist public or private
transportation or obstructs the vision of any user of a public
right-of-way.
g. No political sign shall be posted in violation of any provi-
sions of this chapter. Further, the Director of Planning or
his designee shall have the right to remove all signs placed
contrary to the provisions of this section. Any political sign
placed on private property without the consent of said private
property owner may be removed by said owner or representative
of said owner.
5. Contractor or Construction Signs: For residential projects greater
than four (4) dwell i ng uni ts, commerci a 1 and i ndustri a 1 projects,
two (2) directory signs shall be permitted on the construction site
for all contractors (may include financial institutions, real estate
agents, subcontractors, etc.) not exceeding thirty-two (32) square
feet each, unless legally required by government contracts to be
larger. No sign shall exceed eight (8) feet in overall height and
shall be located no closer than ten (10) feet to any property line.
Such sign shall be removed upon the granting of occupancy by the
City. For all other projects, a total of two (2) signs per develop-
ment site may be installed with a maximum of four (4) square feet in
area and five (5) feet in height for each sign. Such sign(s) shall
be removed upon finalization of building permits.
6. Future Tenant Identification Sign: Future tenant identification
signs may be placed on vacant or developing property to advertise
the future use of an approved project on the property and where
information may be obtained. Such signs shall be limited to one (1)
per fronting street and to a maximum of ninety-six (96) square feet
in area and twelve (12) feet in overall height each. Further, such
signs shall be placed no closer 6than ten (10) feet to any property
line. Any such sign shall be removed upon finalization of building
(3/1/89) VII-3
permits. Where a project has in excess of 600 lineal feet of front-
age, one additional sign for each 600 lineal feet is allowed.
7. Real Estate Signs for Sale of Commercial or Industrial Property: One
W sign per street frontage not to exceed thirty-two (32) square
feet in area to advertise the sale, lease or rent of such property.
No such sign shall exceed eight (8) feet in overall height and shall
not be located within the public right-of-way. Where a property has
in excess of 600 1 i nea 1 feet of frontage, one addi t i ona 1 sign for
each 600 lineal feet is allowed.
8. Interior signs within a structure or building when not visible or
readable, nor intended to be read from off-site or from outside of
the structure or building.
9.
Identification signs for ~ business, service or use no greater than
four (4) square feet in area may be permitted. Said signs shall not
be visible from the public right-of-way, shall be attached to the
main building, shall be for pedestrian traffic, and shall not other-
wise require a building permit.
Memorial tablets, plaques, ~ directional signs for community histor-
ical resources, installed by a City recognized Historical Society or
civic organization.
10.
11.
Convenience signs and secondary directional signs not exceeding four
(4) square feet in area (see SPA Plan).
12.
Residential building identification S~g~ used to identify individ-
ual residences and not exceeding four 4 square feet in area.
13.
One ~ plate per parcel not exceeding four (4) square feet in area
for single family residential uses and agricultural uses.
Official and legal notices issued by any court, public body, person,
or officer or in furtherance of any nonjudicial process approved by
state or local law.
14.
15. Signs providing direction, warning, or informational signs or struc-
tures required or authorized by law or by Federal, State, County, or
City authority.
16.
A )sing1e official flag of the United States of America and/or two
"f2 fl ags of either the State of Ca 1 iforni a or other states of the
United States, counties, municipalities or official flags for
nations, and flags of internationally or nationally recognized
organizations or the company flag. Flags shall be a maximum of five
(5) feet by eight (8) feet unless otherwise specifically approved on
a Site Plan.
17. Si gns of public util i ty compani es, i ndi cating danger or whi ch serve
as an aid to publ ic safety, or which show locations of underground
facilities or public telephones.
18. Safety signs on construction sites.
(3/1/89) VII-4
19.
One ill freestanding time and temperature s(gn that conveys time and
temperature only and not exceeding twelve 12) square feet in area
nor fifteen (15) feet in height, or not higher than the roofline,
whichever is less, when combined with business identification in
accordance with Section VII.3, and counted toward sign area for the
freestanding sign.
One ill wall mounted time and tem erature sign that conveys time and
temperature only not exceeding twelve 12) square feet in area shown
when combined with business identification in accordance with
Section VII.3, and counted toward sign area for the wall sign.
20.
21.
"No Trespassing", "no parking", and similar warning signs not exceed-
ing four (4) square feet.
22.
Signs ~ public transportation vehicles regulated by a political sub-
division, including but not limited to buses and taxicabs.
23.
Signs ~ licensed commercial vehicles, provided such vehicles are
not used or intended for use as portab 1 e signs or as may be pro-
hibited in Section VII.l.B.
24. f1 change of ~ conforming to an approved Comprehensive Sign Pro-
gram. All other changes of copy shall comply with Section VII.1.
25. Incidental signs for automobile repair stores, gasoline service
stations, automobile dealers with service repairs, motels and
hotels, showing notices of services provided or required by law,
trade affiliations, credit cards accepted, and the like, attached to
a freestanding sign, structure or building; provided that all of the
following conditions exist:
a. The signs number no more than four (4).
b. No such sign project beyond any property line.
c. No such sign shall exceed an area per face of four (4) square
feet.
26. ~ applied to fuel ~ ~ dispensers by the manufacturer such as
fuel identification, station logo and other signs required by the
law.
27. Agricultural signs, either wall or freestanding types, non-illuminat-
ed, and not exceeding four (4) square feet for lots two (2) acres or
less and sixteen (16) square feet for lots greater than two (2)
acres, identifying only the agricultural products grown on the pre-
mises. The number of such signs shall be one (1) per street front-
age or a maximum of two (2), with all signs to be located below the
roofline and freestanding signs to be no higher than eight (8) feet.
(3/1/89) VII-5
B. Prohibited Signs: All signs not expressly permitted are prohibited in
all zones, including but not limited to the following:
1. Roof signs.
2. Flashing signs (except time and temperature signs).
3. Animated signs (conveying the illusion of motion).
4. Revolving or rotating signs.
5. Vehicle signs (when parked or stored on property to identify a busi-
ness or advertise a product).
6. Portable signs (except where permitted in this chapter).
7. Off-site signs (except temporary subdivision signs).
8. Signs within the public right-of-way (except those required by a
governmental agency). No sign shall be so placed, erected or con-
structed on a utility pole, traffic device, traffic sign, warning
sign, or so as to impede access to any public improvement, or to
obstruct the vision of any such signs except as may be permitted in
Section VII.l.A.4 of this Chapter.
9. Signs located on public property except as may be permitted in by
Section VII.l.A.4 of this chapter or those required by a govern-
mental agency.
10. Signs within the public right-of-way prohibited by the Streets and
Highways Code (Sec. 101 et. seq. and Sec. 1460 et. seq.), the
Vehicle Code (Sec. 21400 et. seq.) and the Public Utilities Code
(Sec. 7538 et. seq.).
11. Signs blocking doors or fire escapes.
12. Outside light bulb strings and exposed neon tubing outside of
bui ldi ng (except for temporary uses such as Chri stmas tree 10ts,
carnivals and other similar events with prior approval of the City).
13. Banners, flags, pennants and balloons (except as permitted in
Section VII.A.16 and except for special events as provided for in
this chapter in Section VII.2.A.3).
14. Inflatable advertising devices of a temporary nature, including hot
air balloons (except for special events as provided for in this
Chapter in Section VII.2.A.3).
15. Advertising structures (except as otherwise permitted in this chap-
ter).
16. Statuary (statues or sculptures) advertising products or logos of
the business that are located outside of the structure that houses
the business.
(3/1/89)
VII-6
17. The use of decals, stick-on or transfer letters, or tape on the
walls or parapets of buildings, fences, walls or other structures.
18. Readerboard/changeable copy signs, either electric or non-electric
except as permitted in this chapter.
19. Signs which purport to be or are an imitation or resemble official
traffic warning devices or signs, that by color, location or light-
ing may confuse or disorient vehicular or pedestrian traffic. This
does not include traffic or directional signs installed on private
property to control on-site traffic.
C. Signs Relating to Inoperative Activities: Signs pertaining to activities
or businesses which are no longer in operation, except for temporary
closures for repairs, alteration or similar situations, shall be removed
from the premises or the sign copy shall be removed within thirty (30)
days after the premises has been vacated. Any such sign not removed
within the specified time shall constitute a nuisance and shall be sub-
ject to removal under the provisions of this chapter and local ordinance.
D. Enforcement, Legal Procedures, and Penal ti es: Enforcement, 1 ega 1 proce-
dures and pen a 1ties sha 11 be in accordance with the enforcement proce-
dures established by the Municipal Code. Unauthorized illegal signs may
be abated by the City in accordance with local ordinance. If said sign
is stored by the City the owner may recover said sign from the City upon
payment to the City of any storage and/or removal charge incurred by the
City. The minlmum charge shall be no less than three dollars ($3.00) per
sign. All signs removed by the City may be destroyed thirty (30) calen-
dar days following removal. If any sign, in the opinion of the Director
of Planning, is an immediate threat to the public health and safety, said
sign shall be immediately and summarily removed with the cost of said
removal charged to the property owner in accordance with local ordinan-
ces.
E. Construction and Maintenance:
1. Construction: Every sign and all parts, portions, and materials
shall be manufactured, assembled, and erected in compliance with all
applicable State, Federal, and City regulations an the Uniform
Building Code.
2. Maintenance: Every sign and all parts, portions, and materials
shall be maintained and kept in proper repair. The display surface
of all signs shall be kept clean, neatly painted and free from rust
and corrosion. Any cracked or broken surfaces, and malfunctioning
or damaged portions of a sign shall be repaired or replaced within
thirty (30) calendar days following notification of the business by
the City. Noncompliance with such a request will constitute a
nui sance and will be abated. Any maintenance, except a change of
copy, which does not involve structural change, is permitted.
(3/1/89) VII-7
VII.2
Sign Regulations
Sign permits may be issued for signs included under this section provided the
signs are in compliance with all other applicable laws and ordinances.
A. Signs Permitted in ~ land Use District:
The following signs may be permitted in any land use district. These
signs are in addition to those signs expressly permitted in each land use
district and are subject to the provisions listed:
1. Convenience Signs: On-site signs no greater than six (6) square
feet necessary for public convenience or safety may be approved by
the Director of Planning or his designee. Signs containing informa-
tion such as "entrance," "exit," or directional arrows shall be
designed to be viewed from on-site or from an area adjacent to the
site by pedestrians or motorists. Signs that convey advertising or
products shall not be considered a convenience sign.
2. Comprehensive Sign Program for Commercial and Industrial Zones: A
Comprehensive Sign Program shall be developed for all commercial and
industrial centers consisting of four (4) or more tenant spaces.
The purpose of the program shall be to integrate signs with building
and landscaping design into a unified architectural unit. This
shall be achieved by:
a. Using the same background color on all signs.
b.
Using not more than three (3) different colors for sigh
1 etteri ng.
~- -....."
c. Using the same type of cabinet supports, or method of mounting
for signs of the same type, or by using the same type of con-
struction material for components, such as sign copy, cabinets
and supports, or by using dissimilar signing determined compat-
ible by the Director of Planning.
d. Using the same form of illumination for all signs, or by using
varied forms of illumination determined compatible by the
Director of Planning.
e. Allowing the use of different colors for logos.
3. Special Event Signs: Special event signs may be approved for a
limited period of time as a means of publicizing special events such
as grand openi ngs, new management, inventory sales, Chri stmas tree
lots, parades, rodeos, and fairs that are to take place within
Eastlake 1.
(3/1/89) VII-8
a. Community Special Events such as a rodeo or community fair may
be permitted the following signage:
(1) No more than four (4) off-site signs up to thirty-two (32)
square feet and eight (8) feet in height to publicize the
event indicated above.
(2) Temporary advertising signing consistent with the
requirements set forth in Section VII.1.A.2.
b. Commerci a 1 Special Events such as grand openi ngs, Chri stmas
tree lots, painted seasonal holiday window displays, and notice
of new management may be permitted the following signage:
(1) No more than one (1), thirty-two (32) square foot or
smaller, eight (8) feet in height, on-site, freestanding,
special event sign.
(2) All other on-site special event signs can be either wall
and window signs, flags, banners and pennants. Inflatable
advertising devices of a temporary nature may be permit-
ted. In no case shall any signage, flag, pennant, inflat-
able device or banner be placed in a location not approved
by the Director of Planning.
4. On-Site Subdivision Signs:
a. One (1) temporary, on-site subdivision sign not to exceed 64
square feet total area for two (2) sides or 32 square feet for
one (1) side and total overall height of twelve (12) feet may
be permitted on each Circulation Element street frontage of the
property being subdivided, not to exceed two (2) such signs for
all phases of any subdivision; otherwise a maximum of one (1)
sign is permitted.
b. Such sign shall be for the identification of a subdivision,
price information and the developer's name, address and
telephone number.
c.
Such signs shall be removed within ten (10) calendar days from
the date of the final sale of the land and/or residences or
within twenty-four (24) months, whichever comes first. Exten-
sions of twelve (12) months may be approved by the Director of
Pl anni ng.
d.
Signs shall be maintained in good repair at all times.
e.
A cash deposit of three hundred dollars ($300) per sign shall
be deposited with the sign application to ensure compliance
with this chapter and removal of such sign. Said deposit shall
be refunded to the applicant upon sign removal by the appli-
cant. If the City is forced to remove any signs, then the cost
of removal shall be deducted from the deposit.
(3/1/89)
VII-9
5. Off-Site Subdivision Directional Sign:
a. A maximum of four (4) signs may be used to lead customers to
the site.
b. Signs shall be made of panels whi ch shall be no longer than
seventy-two (72) inches by twelve (12) inches each and shall be
grouped on a single, double or four-sided kiosk. Such struc-
ture shall contain no more than seven (7) panels per side nor
exceed seven (7) feet in height.
c. A sign kiosk shall be located not less than three hundred (300)
feet from an existing approved sign site. Further, each sign
may only contain the name of the planned community, subdivi-
sion, developer or development logo and a directional arrow.
d. The placement of each sign structure and its copy shall be
reviewed and approved by the Director of Planning prior to
i nsta 11 at ion.
e. All kiosks that are to be placed on private property shall be
with prior written consent of the property owner, to allow the
City, in the event of noncompliance, to enter said property and
remove the sign. A copy of said consent shall be filed with
the Department of Planning prior to the acceptance of a sign
permit application.
f. A kiosk location plan shall be prepared showing the site of
each kiosk and shall be submitted to and approved by the
Director of Planning prior to the acceptance of a sign permit
application.
g. Any sign approved for a particular subdivision within EastLake
I shall not be changed to another subdi vi s ion wi thout prior
approval of the Director of Planning.
h. There shall be no addition, tag signs, streamers, devices, dis-
play boards, or appurtenances added to the sign as originally
approved. Further, no other directional signing may be used as
posters. portable signs, vehicle signs, trailer signs or tem-
porary subdivision (bootleg) signs. .
i. All off-site subdivision signs not conforming to this ordinance
sha 11 be deemed a public nui sance and removed pri or to the
program.
j. A three hundred dollar ($300) cash deposit shall be placed with
the City to ensure compliance with this chapter. Any sign
placed contrary to the provisions of this chapter may be
removed by the City and the cost of removal shall be deducted
from said deposit. Additional costs incurred by the City
resulting from the removal of illegal signs shall be charged to
the developer.
(3/1/89) VII-10
k. Said sign shall be allowed until the units within the subdivi-
sion are sold out, or for a period of twenty-four (24) months,
whichever occurs first. Extensions of twelve (12) months may
be approved by the Director of Planning.
VII.3
Design Standards
Each sign shall be designed with the intent and purpose of complementing the
architectural style of the main building or buildings, or type of business on
the site, and to the extent possible, signs located on commercial sites; but
in a predominantly residential area, shall take into consideration compatibil-
ity with the residential area.
A. Relationship to Buildings: Signs located upon a lot with only one main
building housing the use which the sign identifies, shall be designed to
be compatible with the predominant visual elements of the building, such
as construction materials, color, or other design details. Each sign
located upon a lot with more than one main building, such as a shopping
center or other commercial or industrial area developed in accordance
with a common development plan, shall be designed to be compatible with
predominant visual design elements common or similar to all such build-
ings or the buildings occupied by the "main tenants" or principal uses.
The Planning Director may condition approval of any sign to require such
visual elements to be incorporated into the design of the sign where such
element(s) is necessary to achieve a significant visual relationship
between the sign and building or buildings.
B. Relationship to other signs: Where there is more than one (1) freestand-
ing sign located upon a lot, all such signs shall have designs which are
complementary to each other by either similar treatment or incorporation
of one (1) or more of the following five (5) design elements:
1. Type of construction materials (such as cabinet, sign copy, sup-
ports);
2. Letter style of sign copy;
3. Type or method used for supports, uprights or structure on which
sign is supported;
4. Sign cabinet or other configuration or sign area; or
5. Shape of entire sign and its several components.
C. Landscaping: Each freestanding sign shall be located in a planted land-
scaped area which is of a shape, design and size (equal to at least the
maximum allowable sign area) that will provide a compatible setting and
ground definition to the sign. The planted landscaped area shall be
maintained in a neat. healthy and thriving condition.
(3/1/89)
VII-ll
D. Illumination and Motion: Signs shall be non-moving stationary structures
(in all components) and illumination, if any, shall be maintained by
artificial light which is stationary and constant in intensity and color
at all times (non-flashing).
E. Sign Copy: The name of the business, use, serve and/or identifying logo
shall be the dominant message on the sign. The use of -advertising infor-
mation such as lists of products (more than one product), is prohibited.
F. Relationship to Streets: Signs shall be designed so as not to obstruct
any pedestrian, bicyclist or driver's view of right-of-way.
(3/1/89)
VII-12
SECTION VIII: OFF-STREET PARKING
VIII.O Purpose
All regulations set forth in this section are for the purpose of providing
convenient off-street parking space for vehicles. The parking requirements
of this section are to be considered as the minimum necessary for such uses
permitted by the respective zone.
The intent of these regulations is to provide adequately designed parking
areas with sufficient capacity and adequate circulation to minimize traffic
congestion and promote public safety. It shall be the responsibility of the
developer, owner or operator of the specific us to provide and maintain
adequate off-street parking.
The provisions and standards set forth in this section apply primarily to
non-residential uses. The standards for residential uses are included in
Section 11.3, Property Development Standards: Residential Districts.
VIII.l General Provisions
A. Off-street parking facilities, for both motor vehicles and bicycles,
sha 11 be provided for any new building constructed, for any new use
established, for any addition or enlargement of an existing building or
use, and for any change in the occupancy of an exiting building.
B. For additions or enlargement of any existing building or use, or any
change of occupancy or manner of operation that would increase the number
of parking space required, the additional parking spaces shall be
required only for such addition, enlargement. or change and not for the
entire building or use, unless required as a condition of approval of a
Conditional Use Permit.
C. The required parking facilities needed for any development shall be
located on the same site, or if an irrevocable access and/or parking
easement is obtained, the parking may be on an adjacent site. Property
within the ultimate right-of-way of a street or highway shall not be used
to provide required parking or loading or unloading facilities.
D. The requirements of this ordinance shall apply to temporary as well as
permanent uses.
E. All req u ired off-s treet pa rk i ng spaces shall be des i gned, located.
constructed and maintained so as to be fully usable during workday
periods or as needed by the use of the premises.
F. Where the application of these schedules results in a fractional space
then the fraction shall be rounded to the higher whole number.
(3/1/89)
VII 1-1
G. The parking requirement for uses not specifically listed in the matrix
shall be determined by the approval body for the proposed use on the
basis of requirements for similar uses, and on any traffic engineering
and planning data that is appropriate to the establishment of a minimum
requirement.
H. In the calculation of parking requirements for village centers, off-peak
hour uses from the normal operating hours of the center shall not be
counted toward the parking requirement.
I. In situations where a combination of uses are developed on a site, park-
ing shall be provided for each of the uses on the site according to the
schedule given in this section. Where residential and commercial uses
are mixed, reduced guest parking may be permitted by the Zoning Adminis-
trator in consideration of shared parking with the commercial uses.
J. A maximum of 25 percent (1/4) of the parking spaces required on any site
may be provided as "compact" spaces for non-residential uses.
K. Tandem parking shall not qualify as required parking unless specifically
approved by the Planning Commission.
L. Required parking may be reduced by the Planning Commission with approval
of a Conditional Use Permit.
VIII.2 Schedule of Off-street Parking Requirements
USE
A. Administrative and Professional
Services as listed in Section
IIL1.A.
B. Shopping Centers and General
Commercial Uses as listed in
Section III.l.B except as
noted below:
1.
Eating & drinking estab-
li shments
a.
Fast food restaurants
with drive-in or drive
through
2.
Gasoline dispensing and/or
automotive services stations
3.
Appliance and/or furniture
stores
(3/1/89)
MINIMUM OFF-STREET PARKING REQUIRED
1 space/300 square feet of gross
floor area: minimum of 4 spaces.
1 space/200 square feet of gross
floor area.
1 space/each 2.5 seats or 1
space/50 square feet of seating
area where there are no fixed
seats.
1 space/each 7 seats plus one (1)
space per employee, minimum 15
spaces and an on-site queue line
for at least eight (8) vehicles
when drive-through is included.
2 spaces plus four (4) for each
service bay.
1 space/GOO square feet of gross
floor area.
VII 1-2
4. Hotels and motels
5. Auto and/or truck sales
6. Medical and dental offices
or clinics, veterinary.
offices or clinics
*
7. Commercial recreation facilities
a. Bowling alleys,
billi ard halls
b. Commercial stables
c. Driving range (golf)
d. Golf course (regulation)
e. Miniature golf
f. Skating rinks
g.
Tennis, handball, and
racquetball facilities
h. Theaters
(1) Motion picture
(2) Playhouse
1 space per unit plus 1 space for
every 25 rooms or portion thereof
provided on the same lot.
1/10 the car storage capacity of
the facil ity.
1 space/200 square feet of gross
floor area; minimum of 5 spaces.
5 spaces/alley plus 2 for each
billiard table plus required
parking for other uses on the site.
1 space/5 horses boarded on-site.
1 space/tee plus required parking
for any other uses on the site.
6 spaces/hole plus required parking
for any other uses on the site.
3 spaces/hole plus required parking
for any other uses on the site.
1 space/l00 square feet of gross
floor area.
3 spaces/court plus required
parki ng for any other uses on the
site.
1 space/3.5 seats.
1 space/3.5 seats.
*
Parking may be reduced by Director of Planning when facility is provided
as a residential development amenity, recognizing that some local residents
will not drive to facilities.
C. Public and Semi-Public Uses
1.
Day nurseries, day care
schools
(3/1/89)
1 space/staff member plus 1 space/5
children or 1 space/10 children if
adequate drop-off facil ities are
provided. Drop-off faci 1 ities must
be designed to accommodate a contin-
uous flow of passenger vehicles to
safely load and unload children.
The adequacy of drop-off facil i ti es
proposed shall be determined by the
Director of Planning.
VI II-3
2.
Convalescent and/or
nursing homes (congregate
care facilities)
3.
Hospita 1 s
4. Educational institutions,
private
a. Elementary and junior
high school
b. Senior high schools
c. Colleges and vocational
schools
5.
d. Churches, convents,
monasteries, other
religious institutions,
and other spaces of
public assembly
Public Utilities
D. Manufacturing Uses
1. Manufacturing
2. Research and Development
3. Storage
(3/1/89)
1 space/3 beds.
1.5 spaces/bed.
1 space per employee plus 5 spaces.
1 space per 4 students.
0.5 space/faculty member and
employee plus 1 space/3 students.
1 space/3.5 seats within the main
auditorium or 1 space/45 square
feet of gross floor area within the
main auditorium where there are no
fixed seats.
To be determined by the Director of
Planning.
1 space per 1.5 employees or 1
space/800 square feet of gross
floor area devoted to manufacturing
plus the required parking for
square footage devoted to other
uses, whichever is greater. Ten
(10) percent of the spaces provided
must be designed for use by
carpools.
1 space/300 square feet of gross
floor area. Ten (10) percent of
the spaces provided must be
designed for use by carpools.
1 space/l,OOO square feet of gross
a rea for the fi rst 20,000 square
feet devoted to storage plus the
required parking for square footage
devoted to other use. 1 space/
2,000 square feet for the second
20,000 square feet. 1 space/4,OOO
square feet for area in excess of
40,000 square feet.
VIII-4
E. Single Family Residential and
Multiple Family Residential
Indicated in their respective
land use districts.
1.
Senior Housing Projects
1 space/bedroom (may be reduced by
City Council).
F. Handicapped Parking Requirements
Handicapped parking requirements are established by the State of
California. The parking standards contained in this section are identi-
cal to those established by the State. Any future change in the State
handicapped parking standards would preempt the requirements given in
this section.
1. Handicapped parking for residential uses shall be provided at the
rate of one space for each dwelling unit that is designed for occu-
pancy by the handicapped.
2. Handicapped parking spaces shall be provided for all uses other than
residential at the following rate:
Number of Automobile
Spaces Provided
Number of Handicapped
Spaces Required
1 - 40
41 - 80
81 - 120
121 - 160
161 - 300
301 - 400
401 - 500
Over 500
1
2
3
4
5
6
7
7 + 1 for each 200
additional automobile
spaces provided
3. Handicapped parking spaces required by this section shall count
toward fulfilling automobile parking requirements.
G. Bicycle Parking Requirements
The matrix below contains the mlnlmum bicycle parking requirements. Only
those uses identified in the matrix are required to install bicycle park-
ing. Bicycle parking facilities shall be stationary storage racks or
devices designed to secure the frame and wheel of the bicycle.
Use
Minimum
Bicycle Parking Required
1. Administrative and Pro-
fessional Services over
20,000 square feet of
gross floor area
5 spaces
(3/1/89)
VIII-5
2. Shopping centers with
50.000 square feet of
gross floor area
1 space/33 automobile parking
spaces required
3. Eating and drinking
estab li shments
2 spaces
a.
Fast food restaurants,
coffee shops. deli-
catessens. etc.
5 spaces
4. Medical and dental offices
or clinics. veterinary
offices or clinics
2 spaces
5. Commercial Recreation
1 space/33 automobile parking
spaces required
6. Hospitals
4 spaces
7. Churches
4 spaces
H. Motorcycle Off-Street Parking Requirements
Motorcycle parking areas shall be provided for all uses, except
residential, at the following rate:
1. Uses with 20 to 100 automobile parking spaces shall provide one
designated area for use by motorcycles.
2. Uses with more than 100 automobile parking spaces shall provide
motorcycle parking areas at the rate of one motorcycle parking area
for every 100 automobile parking spaces provided.
VIII.3 Property Development Standards: Off-street Parking
The following property development standards shall apply to all land, build-
ings. and uses authorized by the Planned Community District Regulations.
A. General Requirements
The following are minimums unless otherwise stated:
1. Residential
a.
Covered in a garage or carport:
la' x 20' each space
9' x 18.5' each space
b.
Uncovered:
2. All others shall use Parking Table, on folowing page.
(3/1/89) VIII-6
PAR K I H G T A 8 L E
A 8 C D E F G A 8 C D E F G
8'0" 8.0 12.0 23.0 28.3 --
8'6" 8.5 12.0 23.0 29.0 -- 8'6" 20.7 18.5 9.8 59.9 55.6
O. 9'0' 9.0 12.0 23.0 30.0 -- 60' 9'0' 21.0 18.0 10.4 60.0 55.5
9'6" 9.5 12.0 23.0 31.0 -- 9'6" ~~.~ ~~.~ ~ ~ .0 60.~ 55.6
10'0" 10.0 12.0 23.0 32.0 -- 10'0" 1 5 61. 56.0
S'O" 14.0 12.0 23.4 40.0 31.5
8'6" 14.5 12.0 24.9 41.0 32.0 g'O" 21.0 19.0 9.6 61 .0 57.9
20' g'O" 15.0 12.0 26.3 42.0 32.5 70' 9'6" 21.2 18.5 10.1 60.9 57.7
9'6. 15.5 12.0 27.8 43.0 33.1 10'0" 21.2 18.0 10.6 60.4 57.0
10'0" 15.9 12.0 29.2 43.8 33.4
8'0' 16 5 12.0 16.0 45.0 37.1. 62.7
S'6io 16.9 12.0 17.0 45.8 37.4 g'O" 20.3 24.0 9.1 64.3
30' g'O" 17.3 12.0 18.0 46.6 37.8 80' 9'6" 20.4 24.0 9.6 64.4 62.7
9'6" 17.8 12.0 19.0 47.6 38.4 10'0" 20.5 24.0 10.2 65.0 63.3
10'0" 18.2 12.0 20.0 48.4 38.7
8'6" 19.4 13.5 12.0 52.3 46.5 g'O" 19.0 24.0 9.0 62.0 --
45' 9'0" 19.8 13.0 12.7 52.5 46.5 90' 9'6" 19.0 24.0 9.5 62.0 --
9'6" I~~'l I ~~.~ I ~~.~ I~~'~ I~~'~ 10'0" 19.0 24.0 10.0 62.0 --
1;".i\"
'*Min.
Std.
~
8'6"
g'O"
Stall Widths
U)mpact
~ 0".40.
7'6" .. 41.-60.
1'6" .. 61"-90.
Average gross area required for parking one car at
different angles:
O. .. 310 sq.ft. 30.. 310 sq. ft. 60." 280 sq. ft.
10' . 350 sq. ft. 40'. 280 sq. ft. 80" 275 sq. ft.
20. .. 400 sq.ft. 50... 270 sq. ft. 90." 275 sq.ft.
A PARKJIIG AHGLE
B STALL WIOTH
C STAlL TO CUR8
D A ISLE WIDTH
E CURB LENGTH PER CAR
F OJR8 TO CURB
G STAlL CENTER
"Note: al Compact space 7~' X 15' - standard.
b Add l' in width for all stalls
adjacent to lIny structures.
3. Motorcycle parking space: 4 feet by 8 feet.
4. Bicycle parking space: 2 feet by 6 feet.
5. Automobile, handicapped, motorcycle and bicycle: All parking stalls
and maneuvering areas shall be paved and permanently maintained with
aspha lt, concrete, or any other all-weather surfaci ng approved by
the Director of Planning and subject to current city standards.
(3/1/89) VIII-7
6. Striping and Identification
a. Automobile: All parking stalls shall be clearly outlined with
double lines on the surface of the parking facility.
b. Handi capped: All handi capped spaces shall be stri ped and
marked according to the applicable State standards.
c. Motorcycle: All motorcycle spaces shall have bollards instal-
led and appropriately spaced to prevent automobile usage of the
motorcyc le area. Motorcyc le spaces shall be marked so that
they can be clearly identified for motorcycle usage.
d. Bicycle: All bicycle spaces shall be clearly identified.
B. Special Requirements
1. Any unused space resulting from the design of the parking area shall
be used for landscaping purposes.
2. All parking lot landscaped islands shall have a minimum inside dimen-
sion of four (4) feet and shall contain a twelve (12) inch wide walk
adjacent to parking stall and be separated from vehicular areas by a
six (6) inch high, six (6) inch wide Portland cement concrete curb.
3. All landscaping areas shall be irrigated automatically and kept in a
healthy and thriving condition free from weeds, debris and trash.
4. All parking facilities shall have lighting in accordance with the
current City standards. The lighting shall be designed and instal-
led so as to confine direct rays to the site. Parking lot lights
shall be a maximum height of eighteen (18) feet from the finished
grade of the parki ng surface and di rected away from the property
li nes.
5. All parking facilities shall be graded and drained so as to provide
for the disposal of all surface water on the site.
6. In any R zone except RC and RM, the parking of motorized and
non-motorized vehicles shall be subject to the following
requirements:
a. No motorized or non-motorized vehicle shall be parked, stored
and kept in the front yard except on 1 and adjacent to the
driveway or in the driveway.
b.
If motorized or non-motorized vehicles are to be parked,
stored, or kept on the lot, other than as permitted in "a."
above, they must be for the personal use of the resident.
(3/1/89)
VIII-8
. .
VIII.4 Performance Standards: Off-street Parking
A. All parking facilities required by this ordinance shall be maintained in
good operating condition for the duration of the use requiring such
facilities. Such facilities shall be used exclusively for the parking of
vehicles. The parking facilities shall not be used for the storage of
merchandi se, or for the storage or repair of vehicles or equipment.
Parking facilities shall not be used for the sale of merchandise, except
on a temporary basis pursuant to Section VI.O (Temporary Uses).
B. All shopping centers that use shopping carts shall provide convenient and
safe on-site storage areas for the shopping carts.
C. Handicap, motorcycle, and carpool parking areas, when required, shall be
located within close proximity of the entrance to the facility.
(3/1/89)
VI II-9
..,
SECTION IX: ADMINISTRATION
IX.O Purpose
The land Use District Map and these Planned Community District Regulations
shall be administered as provided for herein.
IX.1 Standard Procedures
A. General: The Administrative Procedures, Conditional Uses, and Variances,
Chapter 19.14 of the Chula Vista Municipal Code, shall be utilized as
applicable to the administration of the Planned Community of Eastlake I.
B. Sectional Planning Areas (SPA) and Section Planning Areas Plans (SPA
Plans). The administration of SPA Plans shall be as provided for in
Section 19.4B.090 through Section 19.48.130 inclusive of the Chula Vista
Municipal Code, -except that the Director of Planning may accept less
detail or require additional detail to suit the scope of the SPA.
IX.2 Administrative Review
A. Purpose: Certain uses may vary greatly in its effect depending on the
scope, location, or exact circumstances. In order to avoid the permit-
ting of these uses without any formal review, and to relieve the Planning
Commission and City Council of formally reviewing uses which have insig-
nificant or compatible effects, an Administrative Review is established.
B. Application: The Administrative Review is applicable to uses identified
on the Permitted Use matrices herein with the symbol "A".
C. Procedures: The procedure shall be as specified in Section 19.14.030,
Zoning Administration - Actions authorized without public hearing, in the
Chula Vista Municipal Code; except that in addition, the Zoning
Administrator may determine after reviewing the scope, location, or exact
circumstances of the proposed use that the formal hearing process of the
Conditional Use Permit procedure is warranted. If the Zoning
Administrator makes the determination that a Conditional Use Permit is
warranted,. then the applicant shall be required to comply with the
Conditional Use Permit procedures as specified in Sections 19.14.060
through 19.14.110 inclusive in the Chula Vista Municipal Code.
IX.3 . Site Plan and Architectural Approval
A. Purpose: The purpose of site plan and architectural approval is to
review proposed projects to determine compliance with the provisions of
those regulations and to promote orderly and harmonious development with
good design character.
(3/1/89)
IX-l
'.. B, Application: This approval process is applicable to projects within all
districts except RE and RS districts, where the Tentative Tract Map
approval process may be used. Single family detached units on lots
exceeding 5,000 sf (including those in the RE or RS districts) may use
the Tentative Map to satisfy the Site Plan Review Requirement. Such
single family units on lots larger than 5,000 sf may, at the discretion
of the developer, apply for Site Plan Review.
C, Procedures: The procedures shall be as specified in Section 19.14.420
through Section 19.14.4BO inclusive.
IX.4 Other Provisions
In the event that these regulations do not address any particular matter
relevant to the proper development and use of property within EastLake I, the
provisions of Title 19 of the Chula Vista Municipal Code shall apply,
(3/1/89)
IX-2
EXCERPT FROM PLANNING COMMISSION MINUTES OF MARCH 25, 1992
ITEM 2:
PUBLIC HEARING: PCM-92-03: AMENDMENT TO THE EASTLAKE II
GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SITE
UTILIZATION PLAN AND THE EASTLAKE I (EXPANDED) PLANNED
COMMUNITY DISTRICT REGULATIONS FOR PARCELS R-24 AND R-25,
CONSISTING OF 5.0 ACRES AND 7.4 ACRES RESPECTIVELY. PARCEL
R-24 IS LOCATED AT THE SOUTHEAST CORNER OF EASTLAKE
PARKWAY AND GREENS GATE DRIVE AND PARCEL R-25 IS LOCATED
AT THE SOUTHEAST CORNER OF EASTLAKE PARKWAY AND
CLUBHOUSE DRIVE
Contract Planner Gray presented the staff report, gave the history of the project, and
recommended that Negative Declaration IS-92-04 be certified, and that the Commission
recommend that the City Council approve the amendments as listed in the staff report.
Commissioner Decker questioned the number of parcels included in the amendment. Mr. Gray
noted that only parcels no. 24 and 25 were included.
Upon Commissioner Martin's query regarding the comprehensive sign regulations included in
the packet, Mr. Gray said they are part of the zoning regulations for the EastLake planned
community. The existing zoning regulations are being amended only by adding the Residential
Condominiums 10 land use district.
In answer to Commissioner Tugenberg, Mr. Gray noted that parcels R-27 and R-28 have been
taken out of this proposal and set aside for additional study. They are included in the Negative
Declaration because originally there were four parcels in the application. In reviewing the
consistency of R-27 and R-28 with the General Plan, it was determined that additional analysis
would be required. EastLake Development Company then modified their application to take R-
27 and R-28 out of the application for additional analysis, and requested that R-24 and R-25
proceed because no additional density is involved with this request.
Commissioner Tugenberg questioned the density bonuses given based on the golf course and trail
that would be open to the public.
Mr. Gray said that no density bonus had been given. EastLake Greens is at the mid-point of
the Low Medium Residential land use category (3-6 du/ac).
Commissioner Carson questioned whether parcels R-27 and R-28 should be removed from the
Negative Declaration since it may appear the Commission is giving some approval of R-27 and
R-28 by leaving them in the Negative Declaration.
PC Minutes
-2-
March 25, 1992
Discussion ensued regarding whether there would be legal ramifications by approving the
Negative Declaration with parcels R-27 and R-28 left in. Assistant City Attorney Rudolf did
not believe the Commission would be committing to anything since a Negative Declaration is
not an approval of a project but rather a disclosure of any environmental impact.
Commissioner Tuchscher commented that it would be helpful if staff could put a memo in front
of the data with background describing what had been withdrawn or changed in the Negative
Declaration.
Commissioner Tuchscher, referring to page 4, #4 of the Negative Declaration, asked if the
increased population by 425 persons was specific to parcels 27 and 28. He stated he did not see
a similar statement under "traffic."
Assistant Planning Director Lee noted that the increased population related only to parcels 27
and 28; and original traffic analysis was based on the proposed 3600 dwelling units. Any
increased population was still well under the original analysis since the EastLake Greens project
was reduced to 2774 dwelling units.
This being the time and the place as advertised, the public hearing was opened.
Bob Lawrence, 1067 Waterville Lake Road, CV 91915, was concerned with the proposed
transfer of density because 69 more units would be on two parcels which would affect other
properties in the area. He was also concerned with traffic flow. He was against the project.
Albert L. Rizos/Michele F. Rizos, 1065 Waterville Lake Road, CV 91915, submitted a letter
of opposition to the Planning Commission, but had to leave before the public hearing had
opened. Vice-Chair Casillas read their letter, which also opposed the increased density. They
said they had invested heavily and felt their property would lessen in value.
No one else wishing to speak, the public hearing was closed.
Commissioner Decker asked if aggrieved homeowners had any legal recourse. Assistant City
Attorney Rudolf answered that there was a legal channel.
Assistant City Attorney Rudolf suggested that the Planning Commission adopt the following
finding if the Commission decides to recommend approval.
"If, from the facts presented, the commission finds that the public necessity,
convenience, general welfare or good zoning practice requires the adoption or
modification of a portion of the comprehensive zoning law or the classification
or reclassification of property to any zone, the commission may recommend, by
the affirmative vote of not less than a majority of the total membership of the
commission, by resolution, the adoption of an ordinance by the city council
PC Minutes
-3.
March 25, 1992
adopting or modifying a comprehensive zoning law, or classifying or reclassifying
property into particular zones. "
MSUC (Martin/Carson) 6-0 (Chair Fuller absent) to certify the attached Negative
Declaration (1S-92-04) to the previously certified EIR (SEIR-86-4) Cor EastLake Greeus,
exclusive of parcels #27 and 28.
MSUC (MartinlDecker) 6-0 (Chair Fuller absent) to reconunend that the City Council
approve amendments a through c, based upon the rmdings set forth in the additional staff
report and as previously stated by Assistant City Attorney Rudolf.
RESOLUTION NO. PCM-92-03 (A)
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING AN AMENDMENT ,TO THE
EAST LAKE I I GENERAL DEVELOPMENT PLAN TO CHANGE
PARCELS R-24 AND R-25 FROM LOW MEDIUM TO MEDIUM
RESIDENTIAL (PCM-92-03)
WHEREAS, a duly verified application for an amendment to the
EastLake I General Development Plan was filed with the Plannin9 Department of
the City of Chula Vista on August 8, 1991, by the EastLake Development
Company, and
WHEREAS, said appl ication requested approval of a transfer of 69
dwelling units to Parcels R-24 (+28 du's) and R-25 (+41 du's), from parcels
R-2 (-3 du's), R-8 (-3 du's), R-9 (-6 du's), R-13 (-7 du's), R-17 (-29 du's),
and R-19 (-21 du's) within the EastLake Greens portion of the EastLake II
General Development Plan which is located east of EastLake Parkway and south
of Otay Lakes Road, and
WHEREAS, the Planning Commission set the time and place for a
hearing on said appl ication and notice of said hearing together with its
purpose, was given by its publication in a newspaper of general circulation in
the City and its mail ing to property owners within 500 feet of the exterior
boundaries of the property at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m., March 25, 1992, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the Planning Commission considered the Negative Declaration
(IS-92-04) issued for the proposed amendment by the Environmental Review
Coordinator based on the previously certified EIR (SEIR-86-4) for EastLake II
General Development Plan and EastLake Greens Sectional Planning Area Plan, and
WHEREAS, the Planning Commission resolved that the amendment to the
EastLake II General Development Pl an is cons i stent wi th the City of Chul a
Vista General Plan and made findings in support of the amendment as follows:
1. THE PROPOSED DEVELOPMENT DESCRIBED BY THE GENERAL DEVELOPMENT
PLAN AMENDMENT IS IN CONFORMITY WITH THE PROVISIONS OF THE
CHULA VISTA GENERAL PLAN.
The proposed amendment does not increase the number of dwelling
units within the boundaries of the General Development Plan,
therefore, the proposed amendment is in conformance wi th the
Chula Vista General Plan.
2. A PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF
SPECIFIC USES OR SECTIONAL PLANNING AREA WITHIN TWO YEARS OF
THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE,
The appl i cant has stated that pl ans for speci fi c uses will be
submitted within the allowable timeframe.
3. IN THE CASE OF THE PROPOSED RESIDENTIAL DEVElOPMENT, THAT SUCH
DEVELOPMENT SHALL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN
HARMONY WITH AND PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF
THE SURROUNDING AREAS AND THAT THE SITES PROPOSED FOR PUBLIC
FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS, AND PARKS ARE ADEQUATE
TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO
THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF.
The proposed amendment to the General Development Pl an will
transfer 69 approved dwelling units from Parcels R-2, R-8, R-9,
R-13, R-17 and R-19 to Parcels R-24 and R-25. This transfer of
dwelling units will improve the plan by providing a more
balanced land use plan for the two parcels receiving the
dwell ing units by creating a transition between the EastLake
Activity Corridor and the single-family detached neighborhoods
around the golf course.
4. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND
OVERALL DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND
DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR
INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY;
AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
No industrial or research land uses are proposed for this
project.
5. IN THE CASE OF INSTITUTIONAL, RECREATION, AND OTHER SIMILAR
NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE
IN AREA, LOCATION, AND OVERALL PlANNING TO THE PURPOSE
PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY
ADVERSE EFFECTS FROM SUCH.
No institutional, recreation, or similar non-residential uses
are proposed within the area proposed for amendment.
6. THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE TO
CARRY THE ANTICIPATED TRAFFIC THEREON.
The previously certified Environmental Impact Report analyzed
traffic that will be generated by EastLake II as well as
existing and proposed projects which will conform to the Chula
Vista General Plan and its Circulation Element.
The ana lysi s demonstrated that EastLake II wi 11 construct or
provide funding for streets to carry the anticipated traffic in
accordance with the City's threshold criteria.
-2-
7. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION(S).
No commercial land uses are proposed for this project.
8. THE AREAS SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED
IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVELOPMENT.
Road access will be provided to undeveloped parcels to the south
and east of this project. The progression from higher densities
in the west to lower densities in the east is consistent with
the nature of the projected development on surrounding
properties.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
cert i fi es that IS-92-04 has been prepared in accordance wi th the Ca 1 Horni a
Environmental Quality Act, the State CEQA Guidelines, the Environmental Review
Procedures of the City of Chula Vista and that the Planning Commission has
reviewed and considered the information in the Negative Declaration (the
Planning Commission deleted all references to Parcels R-27 and R-28 from the
Negative Declaration) and recommends approval of said amendment to the
EastLake II General Development Plan.
ATTEST:
~"11 -;:: ~~
ancy ipleA Sec tary
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RESOLUTION NO. PCM-92-03 (B)
RESOLUTION OF THE CITV OF CHULA VISTA PLANNING
COMMISSION APPROVING AN AMENDMENT TO THE
EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN TO
CHANGE PARCELS R-24 AND R-25 FROM 4.5 DWELLING
UNITS PER ACRE TO 10 DWELLING UNITS PER ACRE
(PCM-92-03)
WHEREAS, a duly verified application for an amendment to the
EastLake Greens Sectional Planning Area Plan was filed with the Planning
Department of the Ci ty of Chul a Vi sta on August 8, 1991, by the EastLake
Development Company, and
WHEREAS, said application requested approval of a transfer of 69
dwelling units to Parcels R-24 (+28 du's) and R-25 (+41 du's) from Parcels R-2
(-3 du's), R-8 (-3 du's), R-9 (-6 du's), R-13 (-7 du's), R-17 (-29 du's), and
R-19 (-21 du's) within the EastLake Greens Sectional Plan which is located
east of EastLake Parkway and south of Otay Lakes Road, and
WHEREAS, the Planning Commission set the time and place for a
hearing on said application and notice of said hearing together with its
purpose, was given by its publication in a newspaper of general circulation in
the City and its mail ing to property owners within 500 feet of the exterior
boundaries of the property at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m., March 25, 1992, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the Planning Commission considered the Negative Declaration
(IS-92-04) issued for the proposed amendment by the Environmental Review
Coordinator which considered the previously certified EIR (SEIR 86-4) for
EastLake II General Development Plan and the EastLake Greens Sectional
Planning Area Plan and,
WHEREAS, the Planning Commission resolved that the amendment to the
EastLake Greens Sectional Planning Area Plan is consistent with the City of
Chul a Vi sta General Pl an and made fi ndi ngs in support of the amendment as
follows:
1. THE PROPOSED SECTIONAL PlANNING AREA PlAN AMENDMENT IS IN
CONFORMITY WITH THE AMENDED EASTlAKE II GENERAL DEVELOPMENT
PlAN AND THE CHULA VISTA GENERAL PlAN.
The EastLake Greens Sectional Planning Area Plan reflects the
land uses, circulation system, open space and recreational
uses, and publiC facility uses consistent with the amended
EastLake II General Development Plan and the Chula Vista
General Plan.
2. THE PROPOSED SECTIONAL PlANNING AREA PlAN AMENDMENT WILL
. PROMOTE THE ORDERLY SEQUENTIAlIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PlANNING AREA.
The SPA Plan and Public Facilities Financing Plan contain
provisions and requirements to ensure the orderly, phased
development of the project. The Publi c Faci 1 it i es Fi nanci ng
Plan specifies the public facility projects required to serve
the proposed amendment.
3. THE PROPOSED SECTIONAL PlANNING AREA PlAN AMENDMENT WILL NOT
ADVERSELY AFFECT ADJACENT lAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION, OR ENVIRONMENTAL QUALITY.
The 1 and uses withi n EastLake Greens represent a conti nuat ion
of the master planned cOll1llunity elements established with the
development of EastLake. The major theme of EastLake Greens
is the 18-hole golf course surrounded by residential uses of
various densities. The project has been planned in a fashion
to integrate well with adjacent land uses and to avoid off-site
impacts through the provision of mitigation measures specified
in the previously certified Eastlake 11 Environmental Impact
Report.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
certifies that IS-92-04 has been prepared in accordance with the California
Environmental Quality Act, the State CEQA Guidelines, the Environmental Review
Procedures of the City of Chula Vista and that the Planning Commission has
reviewed and considered the information in the Negative Declaration (the
Planning COll1llission deleted all references to Parcel R-27 and R-28 from the
Negative Declaration) and recommended approval of said amendment to the
EastLake Greens Sectional Planning Area Plan.
ATTEST:
,
~y~eY~y
WPC 0236p
asillas, Vice Chair
-2-
.
May 12, 1992
To: The Honorable Mayor and City Council
Via: f John Goss, City Manager!
From: Ken Lee, Acting Director of Planning
Subject: Resource Conservation Commission's Recommendation
Greens GDP/SPA Amendment
- IS-92-04 EastLake
,
At the regular meeting of the Resource Conservation Commission held on May 11, 1992,
following a presentation and questions on the Negative Declaration for IS-92-04 on the
amendment to EastLake Greens GP A/SPA Amendment:
It was moved by Commissioner Cox, seconded by Commissioner Johnson that the
Resource Conservation Commission recommend that the City Council approve the
Negative Declaration on 15-92-04.
Ayes:
Chairman Hall, Commissioners Johnson and Fox
Noes:
Commissioner Ghougassian
Commissioner Ghougassian stated that his reason for voting against the Negative Declaration was
that the Negative Declaration did not provide specific assurance that townhomes or
condominiums would be built in the area. He stated he did not want to see 10 single-family
homes built per acre. The "no" vote was not because of a CEQA concern.
KGL:BRlnr
(IS-92.{)4)
'.
-- .
~
EXCERPT
MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation Commission
Chula Vista, California
6:00 p.m.
Monday, May 11, 1992
Mayor's Council Conference Room
City Hall Building
CALL MEETING TO ORDERIROLL CALL: Meeting was called to order at 6:12 p.m. by
Chairperson Barbara Hall. City Staffperson Barbara Reid called roll. Present: Commissioners
Johnson and Ghougassian. Absent: Fox, Ray, Kracha.
1. Barbara Bamburger, Environmental Resource Manager presented information only on
the Environmental Agenda's Conservation packets. A full review will be given in July.
.
(Commission Fox arrived at 6:22 p.m.]
2. Review of Negative Declaration 15-92-04 Eastlake Green Clustering: Marilyn Ponseggi
gave e brief overview of this item, including the amendment. After brief discussion
it was moved and seconded (Fox/Johnson) to recommend adoption of the negative
declaration and amendment with the provision that the density bonus is not included:
Ayes. Fox, Johnson, Hall; No - Ghougassian; motion failed. Ghougassian stated his
reason for voting against the Negative Declaration was that it did not provide specific
aSsurance that townhomes or condominiums would be built in the area. He stated he
did not want to see 10 single family homes built per acre. A no vote was not because
of the CECA concern.
I
~
.-,
.
}',.
Amendment to the Negative Declaration
PROJECT NAME: EastLake Greens Clustering
.
'\
PROJECT APPLICANT:
CASE NO: IS-92-04
Southeast of East,Lake Parkway and Telegraph
Canyon Road intersection
EastLake Development Company (Kent Aden)
DATE: February 18, 1992
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PROJECT LOCATION:
A.
Purnose of Amendment
,
This amendment is intended to clarify the proposed project
description. The original project was for an amendment to the
adopted EastLake Greens SPA Plan and East Lake II General
Development Plan, to increase density within the EastLake
Greens SPA project area by designating parcels R-24,R-25,
R-27, and R-28 currently designated for 4.5 dwelling units per
acre to 10 dwelling units per acre (net acre). This increase
was to be accomplished through an administrative density
transfer to parcels R-24 and R-25 from six other parcels
within EastLake Greens.
The original project also included an increase to 10 dwelling
units per acre for parcels R-27 and R-28 as a density bonus
for benefits proposed to be derived from ten years of public
play at EastLake Greens Country Club.
B. Amended Pro;ect Descrintion
As amended the project will now include only the density
transfer for parcels R-24, R-25. The density bonus for
Parcels R-27 and R-28 is no longer a part of the project and
will be the subject of future environmental review.
C. Analvsis of Amendment
It has been determined that the density transfer is compatible
with the city's General Plan as discussed in the Negative
Declaration. As yet there has not been a determination as to
if the density bonus is compatible with the General Plan.
This issue will be addressed in the environmental
documentation for that project.
The amended project is a reduction from the previously
proposed project. Therefore, the Negative Declaration for the
original project was in essence an analysis of a "worse case
scenario". The amended project will lessen impacts due to its
reduction in intensity. The findings of the Initial Study and
Negative Declaration will apply to the amended project and no
change to the conclusions and findings of that Negative
Declaration are necessary.
city of Chula Viet a
276 Fourth Avenue
Chula Vieta, California 91910
Attn. Doug Reid
RECEiVED
HAIL TO.
[F An~tte J. ~..ns, ~Ierk [Q)
JAN 2 7 1992
'!'<,'.".'
j~J,. {. (~',
NOTICE
OF PROPOSED NEGATIVE DECLARATION
(FINDING OF NO SIGNIFICANT IMPACT)
BY
DEPUTY
PLANNING
NOTICE IS HEREBY GIVEN that the City of Chula Vieta ia coneidering a
recommendation that the project herein identified will have no eignificant
environmental impact in compliance with Section 15070 of State CZQA guidelines.
A copy of the Negative Declaration (finding of no eignificant impact) and the
Initial Study, which eupporte the propoeed findings, are on file in the Chula
Vieta Planning Department, 276 Fourth Avenue, Chula Vieta, California 91910.
Theae documente are available for public review between the houre of 8.00 a.m.
and 5.00 p.m., Monday through Friday.
Anyone wishing to comment on the proposed Negative Declaration ehould provide
their written commente to the Chula Vista Planning Department, 276 Fourth Avenue,
Chula Vieta, California 92010.
Thie propoeed finding does not constitute approval or denial of the project
itaelf; it ~ determines if the project could have eignificant environmental
impact. projecte which could have significant impact must have an Environmental
Impact Report prepared to evaluate those possible impacts in compliance with
Section 15064 of State CEQA Guidelines.
If you wish to challenge the City's action on thie Negative Declaration in court,
you may be limited to raising only those issues you or someone else raised in
,written correspondence.
For further information concerning this project, including public hearing date,
please contact Marilyn ponseggi or Maryann Miller at (619) 691-5101.
Thie notice is required to be filed with the County Clerk's office for a period
of not less than thirty (30) days.
PROJECT LOCATION. Southeast of EastLake Parkway and Telegraph Canyon Road
intersection, Chula Vieta, California 91910
PROJECT DESCRIPTION.
An amendment to the adopted EastLake Greens SPA Plan and East Lake II
General Development Plan to increase density within the East Lake Greens
SPA project area by designating parcele R-24,R-25, R-27, and R-28
currently designated for 4.5 dwelling units per acre to 10 dwelling units
per acre (net acre), which would result in a 152 unit net increase within
the approved EastLake Greens SPA Plan from 2,774 dwelling unite to 2,926
dwelling units total and EaetLake II General Development Plan (from 4,034
dwelling units to 4,186 dwelling units tota~.~hich includes EastLake
DECISI::a:~NG AUTHORITY. CITY OF CHIJLA r::;&.o~
INITIAL STUDY NO. IS 92-04 ~- \)
DATE. January 22, 1992
negative declaration
PROJECT NAME: EastLake Greens GDP/SPA Amendment
PROJECT LOCATION: Southeast of EastLake Parkway and Telegraph
Canyon Road intersection
PROJECT APPLICANT: EastLake Development Company (Kent Aden)
CASE NO: IS-92-04
DATE: January 22, 1992
A. Pro;ect Settina
The four parcels under consideration are all located in the
East Lake Greens neighborhood. The parcels total 27.4 acres.
CUrrent adjacent uses are vacant or in golf course use.
Proposed adjacent uses include:
North South East West
R-24 R-14 R-10 R-5 Golf
Medium High Medium Low-Medium Course
R-25 R-10 Elementary R-10 High
Medium School Medium School
R-27 Golf R-10 R-5 Golf
Course/Park Medium Low-Medium Course
R-28 Golf Course R-5 Golf Course Golf
Low-Medium Course
The 830.5 acre EastLake Greens is included in the EastLake I
expansion area which . is part of the EastLake I Planned
community District. The proposed EastLake Greens project is
a second development phase and third residential neighborhood
to be developed within the EastLake Planned Community. The
EastLake Greens project includes a detailed Sectional Planning
Area (SPA) Plan for the mixed use of 830.5 acres just south of
the present EastLake I development in eastern Chula vista
B. Pro;ect Descriotion
The proposed project is an amendment to the adopted EastLake
Greens SPA Plan and EastLake II General Development Plan to
increase density within the EastLake Greens SPA project area
by designating parcels R-24,R-25, R-27, and R-28 currently
designated for 4.5 p-welling units per acre to 10 dwelling
units per acre (net acre). At this density, the sites would
most likely be developed in townhouses. The overall result is
to be a 152 unit net increase within the approved EastLake "
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city of chula vista planning department CrTY OF
environmental review .ectlon. CHUlA VISTA
Greens SPA Plan from 2,774 dwelling units to 2,926 dwelling
units total and EastLake II General Development Plan (from
4,034 dwelling units to 4,186 dwelling units total), which
includes EastLake Trails.
To accomplish this density increase, the developer is
proposing that the density on parcels R-24 and R-25 be
administratively increased from 4.5 dwelling units per acre to
10 dwelling units per acre by transferring 69 dwelling units
from six other parcels which would be decreased as follows:
Parcel Number
Number of Units Bv Which
Parcels Would Be Decreased
R-2
R-8
R-9
R-13
R-17
R-19
3
3
6
7
29
21
The density on parcels R-27 and R-28 is proposed to be
increased to 10 dwelling units per acre as a density bonus for
benefits proposed to be derived from ten years of public play
at EastLake Greens country Club.
Previous Environmental Review
A Supplemental Environmental Impact Report (SEIR 86-4) was
prepared for the Eastlake Greens Sectional Planning Area (SPA)
Plan and Eastlake Trails Pre-Zone and Annexation in June 1989.
The SEIR analyzed the proposed development of Eastlake Greens
which consisted of 3,609 dwelling units. Eastlake Greens was
approved by the city Council for 2,774 dwelling units. The
proposed plan amendment to add an additional 152 units will
bring the total for Eastlake Greens to 2,926 dwelling units
which is still 686 dwelling units less than SEIR 86-4
analyzed. Refer to Section E, "Identification of
Environmental Effects", for additional details regarding SEIR
86-4.
C. Compatibilitv with Zonina and Plans
The density currently approved for the parcels' in question is
4.5 dwelling units per acre as specified in the EastLake II
General Development Plan. The proposal includes transferring
densities as well as increasing densities through a density
bonus in conjunction with public use of the golf course. The
Planning Department has determined that the subject transfer
of the 69 units to parcels R-24 and R-25 is not subject to a
General Plan Amendment but rather an amendment to the site
Utilization Plan for Eastlake Greens. The increase in density
for parcels R-27 and R-28 will be the subject of a SPA
Amendment, both of which are proposed at this time.
-2-
D. Comoliance with the Threshold/Standards policv
1. Fire/EMS
The Threshold/Standards Policy requires that fire and
emergency medical units must be able to respond
throughout the city to calls within seven minutes or less
in 85 % of the cases and within five minutes or less in
75 % of the cases.
According to the Fire Department estimated reaction time
at present exceeds threshold standards. Refer to Section
E, "Identification of Environmental Effects", below
regarding the mitigation measurers addressed in the
Eastlake Greens SEIR for fire service.
2. Police
The Threshold/Standards Policy requires that police units
be able to respond to 84% of Priority 1 calls within
seven minutes or less and maintain an average response
time to all priority 1 calls of 4.5 minutes or less.
Police units must respond to 62% of Priority 2 calls
within 7 minutes or less and maintain an average response
time to all Priority 2 calls of 7 minutes or less. The
Police Department has indicated that there would be no
problem adequately servicing the project as proposed.
The project, therefore, is considered to be compatible
with the city's policy.
3. Traffic
The Threshold/standard Policy requires that all
intersections operate at a Level of Service (LOS) "c" or
better, with the exception that LOS "0" may occur at
signalized intersections for a period not to exceed a
total of two hours per day. Intersections west of I-80S
are not to operate at a LOS below their 1987 LOS. No
intersection shall operate at a LOS "E" or "F" during the
average weekday peak hour. Intersections of arterial
with freeway ramps are exempt.
Traffic issues were dealt with extensively in the
Eastlake Greens SEIR. Although the EIR does identify
Traffic as a significant impact, mitigations are included
that reduce the level of impact to less than significant.
SEIR 86-4 addressed a project of 3,609 dwelling units.
The proposed project calls for 2,926 dwelling units.
Therefore, the mitigations identified in the SEIR are
adequate to mitigate the proposed increase in density.
Refer to Section E, "Identification of Environmental
Effects", below regarding the mitigation measurers
-3-
addressed in the Eastlake Greens SEIR for traffic
circulation.
4. Park/Recreation
The Threshold/Standards Policy for Parks and Recreation
is 3 acres/1,000 population. The project is estimated to
increase the population by 425 persons. 1. 275 additional
acres of land dedicated for park and recreational use
would be required to meet this threshold. To meet these
City requirements the developer will have to pay
additional PAD fees for the increased number of dwelling
units. Fees will be based on the revised pad fee
schedule.
5. Drainage
The Threshold/Standard Policy requires that water flows
and volumes must not exceed city Engineering Standards.
Individual projects are required to provide necessary
improvements consistent with the Drainage Master Planes)
and City Engineering Standards. The project will be
served by existing offsite drainage facilities plus
proposed on-site drainage facilities which are to be
constructed when the project is developed. Future
improvements include the installation of 18 inch
reinforced concrete piping in units 24 and 28 and
desilting basins in both those units.
6. Sewer
The Threshold/Standards Policy requires that sewage flows
and volumes must not exceed city engineering standards.
The proposed project could generate an estimated increase
of 843 pounds per day of solid waste and an estimated
increase of 25,980 gallons per day of liquid waste. The
following existing sewer lines would be adequate to serve
the proposed project: Unit 24 - 8" PVC in Greensgate
Drive and 12" PVC in EastLake Parkway plus 8" PVC stub to
property line; Unit 25 - 8" PVC in EastLake Parkway; Unit
27 - 15" PVC in Hunte Parkway; UNit 28 - 8" PVC in
Clubhouse Drive with 8" PVC stub to property line at east
end of unit. The proposed project complies with
established threshold standards, therefore, the existing
facilities would be adequate to serve the project.
7. Water
The Threshold/Standards Policy requires that adequate
storage, treatment and transmission facilities are
constructed concurrently with planned growth and that
-4-
water quality standards are not jeopardized during growth
and construction.
Water availability issues are addressed in the Eastlake
Greens SEIR. Although the EIR does identify water
availability as a significant impact, mitigations are
included that reduce the level of impact to less than
significant. Refer to section E, "Identification of
Environmental Effects", below regarding the mitigation
measurers addressed in the Eastlake Greens SEIR for water
availability.
E. Identification of Environmental Effects
As previously mentioned, a Supplemental Environmental
Impact Report (SEIR 86-4) was prepared for EastLake
Greens. The SEIR was prepared as a supplement to the
Master EIR which addressed the entire EastLake
development. The four parcels included in the suibject
General Development Permit amendment were included in
Eastlake Master EIR and Eastlake Green Supplemental EIR,
the analysis and mitigation measures covered in the SEIR
will serve as mitigation for this proposed project. The
Eastlake Greens Supplemental EIR is hereby incorporated
by reference into this Negative Declaration. Topics
analyzed in the SEIR include:
Land Use
Transportation and Circulation
Services/Utilities
Water Availability
Sewer Services
Educational Facilities
Police Protection
Fire Protection
Parks and Recreational Facilities
Library Services
Energy supply and Conservation
other utilities and Services
Visual Resources
Geology/soils
Hydrology/Water Quality
Paleontological Resources
Air Quality
Biological Resources
socioeconomic Factors
Fiscal Analysis
Noise
Threshold/standards
-5-
F. Summarv of Analvses of Threshold/Standards
Fire Protection
The city Fire Department Bureau of Fire Prevention has
made the following recommendations that shall be adhered
to in order to facilitate fire safety and prevention and
reduce any fire related impacts to a leve~ of less than
significant.
Mitiaation
1. Pay required impact fees to defray the cost of new
fire station/facilities, equipment and personnel
required to adequately serve the area as described
in the Fire Station Master Plan. This would
include contributions by the applicant to the
expansion of facilities, including the relocation
of Station #4 toward the project area or EastLake I
area and the provision of a new station on East H
Street.
2. Ensure the provision of adequate water pressure to
meet the City'S fire flow and pressure requirements
through the installation of pressure reduction
valves either on site or on the fire trucks.
Water
In order to mitigate any demand on water resources to the
region which is frequently subject to drought, and to
comply with the city's no net increase policy, the
fOllowing mitigation measures shall be complied with by
the applicant:
Mitiaation
1. The applicant hereby agrees to participate in
whatever water conservation program, no net
increase in water consumption, or fee-off-set
program the city of Chula vista has in effect at
the time of building permit issuance.
2. Installation of low flow toilets, ultra low flow
shower heads, faucet aerators, hot water pipe
insulation and pressure reducing valves will be
required.
3.
Water conserving irrigation
tolerant landscaping, and
grading/construction practices
systems, drought
water conserving
will be required.
-6-
Traffic/circulation
cumulative traffic impacts are detailed in SEIR 86-4
together with the phasing of circulation improvements
including improvements that need to be coordinated with
the construction of state Route 125. EastLake II can only
fully buildout if state Route 125 is constructed between
Telegraph Canyon road and state Route 54 as a four-lane
freeway in order to achieve acceptable level of service
within the proposed development area.
Mitiaation
In the SEIR both short term cumulative and site specific
impacts were identified. As part of the mitigation for
these impacts, the Eastern Territories Capital
Improvements Program was to be developed specifying
funding techniques and tying the issuance of building
permits to the construction of street improvements.
In particular the SEIR analysis indicated site specific
and cumulative impacts along Telegraph Canyon Road east
of proposed state Route 125. In order to mitigate these
specific impacts the following must be completed:
1. Improve Telegraph Canyon Road between state Route
125 and the EastLake Greens/Trails boundary to six
lane prime arterial standards.
2. Construct Hunte Parkway and EastLake Parkway as
major roads between Telegraph Canyon Road and
Orange Avenue.
3. Construction of a southbound state Route 125 to
eastbound Telegraph Canyon Road loop ramp at the
state Route 125/Telegraph canyon Road intersection
or extend state Route 125 south to East Palomar
street (which would connect to the EastLake II
street system).
To mitigate off site cumulative impacts to insignificant
levels, the applicant would be required to participate in
the East Chula vista Transportation Phasing Plan on a
fair share basis with other area developers. The phasing
plan will be required to link road improvements to the
issuance of building permits and specified thresholds to
insure that improvements are completed when capacity is
needed. Internal loop streets shall be constructed to
Class II collector standards. Entry roads shall be
widened to accommodate a median.
-7-
Traffic signals shall be installed at intersections of
major roads with prime arterial and project access points
with circulation Element streets where signal warrants
are met. Traffic signals shall also be constructed at
both north and south entry roads with the project
loopstreet. signals shall be installed if warrants are
met and the city Engineer determines they are needed.
The applicant shall meet all the transit requirements
outlined in SEIR 86-4.
Soils/Geoloav
Detailed preliminary geotechnical investigations of the
EastLake Green project were conducted by Leighton and
Associates, Inc. and San Diego Soils Engineering, Inc.
Highlights of findings will be summarized herein. See
SEIR 86-4 including the pertinent technical reports for
details.
There appears to be no significant geotechnical
constraints that cannot be mitigated with proper
planning, design and sound construction practices.
Concerns include expansive topsoils that would not
support foundations and bentonite clays which may be
unstable. No seismic faults are located on the site.
Small, woodframe residential structures would sustain
minimal damage if seismic activity occurred on the
closest fault over fifty miles away.
Mitiaation
Mitigation measures outlined in the Leighton and
Associates, Inc. and San Diego Soils Engineering, Inc.
reports shall all be complied with.
Schools
The proposed increase in density would have an impact on
the schools in terms of increased attendance.
Mitiaation
A special tax district, the Sweetwater Union High School
District Community Facility District No.1, was created
to mitigate the anticipated demands the EastLake Planned
community would place on the schools. It is structured
so that as the number of permitted dwelling units are
increased or decreased, the amount of tax revenue to the
school is adjusted accordingly. Thus the resultant
impacts to the facilities are addressed. No additional
-8-
mitigation is required while Community Facilities
District No. 1 is in effect. Community Facilities
District No. 1 is used to provide one high school in the
EastLake Green area and a future junior high school
elsewhere in the district.
F. Mitiaation necessarY to avoid sianificant effects
Specific project mitigation measures have been required
to reduce potentially significant environmental impacts
identified in the initial study for this project to a
level of less than significant.
Mitigation measures have been made conditions of project
approval, as well as requirements of the attached
Mitigation Monitoring Program.
G. Findinas of Insianificant Imoacts
Based on the following findings, it is determined that
the project described above will not have a significant
environmental impact and no environmental impact report
needs to be prepared.
L The project has the potential to substantially
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause fish or wildlife population
to drop below self-sustaining levels, threaten to
eliminate plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal, or eliminate important
examples of the major periods of California history
or prehistory.
This project is located on a site that has already
mostly been under agricultural cultivation and
therefore, has been disturbed and does not exist in
a natural state. The SEIR states: "No sensitive
animal species will be lost although low scrub
habitat, albeit considered marginal for the black-
tailed gnatcatcher, will be reduced. Cactus Wren
habitat consisting of dense clumps of cholla is
located south of the site and will, therefore, be
retained. The general loss of open land upon
development of EastLake Green will adversely affect
raptors which are attracted to the area to hunt.
this loss of foraging habitat, however, is not
considered significant. The loss of the potential
pond and associated marsh and riparian elements
will eliminate potential habitat for a number of
declining animal species which are attracted to or
-9-
dependent on these particular habitats such as the
Least Bells Vireo, Yellow Warbler and two-striped
garter snake."
"The Salt Creek drainage, aside from the freshwater
marsh and tamarisk scrub, is disturbed. The Salt
Creek drainage does, however, have a potential for
becoming a high quality riparian habitat, if no
development occurs within the drainage. If native
or semi-native habitats are reconstructed or
allowed to develop within the Salt Creek drainage,
the effective blocking of this drainage with urban
development could preclude such results. However,
potential significant impacts to the existing
habitat are not expected to occur. Potential
biological impacts to the Salt Creek drainage
cannot be specifically analyzed at this time.
Further biological review will be required during
the tentative map stage."
The SEIR included as mitigation: .. It is
recommended that upon development of the EastLake
Trails area, the park designation within the Salt
Creek drainage be left in its native habitat and
further enhanced to provide high-quality riparian
habitat. Loss of general foraging throughout the
agricultural areas of the project site would be
successfully mitigated by the enhancement of the
Salt Creek drainage."
2. The project has the potential to achieve short-term
environmental goals to the disadvantage of long-
term environmental goals.
The project will not achieve any short-term goals
to the disadvantage of long-term goals because the
long term goals would be achieved through
compliance to the City's threshold standards and
site preparation standards.
3. The project has possible effects are individually
limited but cumulatively considerable. As used in
the subsection, "cumulatively considerable" means
that the incremental effects of an individual
project are considerable when viewed in connection
with the effects of past projects, the effect of
other current projects, and the effects of probable
future projects. .
Although the project would create cumulative
impacts, such as temporary noise related impacts
related to construction activities, these impacts
-10-
are short-term and are not considered significant,
since they would occur during the construction
phase of the project.
The impacts to the surrounding community will be
incremental and the improvements will not cause
significant growth in the surrounding
community. There is no significant growth inducement
nor cumulative impact associated with this project,
provided that the city standards are complied with.
4. The environmental effects of the project will cause
substantial adverse effects on human beings, either
directly or indirectly.
-11-
t
.
H.
The project will not result in any significant
increase in hazardous substances, the release of
emissions, or any significant increase in ambient
noise levels. The proposed project will not create
any substantial adverse impacts to human beings.
Consultation
1. Individuals and Oraanizations
city of Chula Vista:
Marilyn R. F. ponseggi, Environmental Consultant
Roger Daoust, Senior civil Engineer
Marty schmidt, Parks and Recreation
Ken Larson, Building and Housing
Ed Batchelder, Planning
Bud Grey, Planning Consultant
Carol Gove, Fire Marshall
Keith Hawks, Police Department
Sweetwater Union High School District: Thomas Silva
Applicant Agent: Kent Aden
2 . Documents
Chula Vista General Plan (1989)
Title 19, Chula vista Municipal Code
Eastlake Greens sectional Planning Area (SPA) Plan and
Eastlake Trails Pre-Zone and Annexation Final
Supplemental Environmental Impact Report, Case
Number 86-4
-12-
I
INITIAL STUDY
City of Chula Vista
Application Form
A. BACKGROUND
FOR OFFICE USE
Case No.
Fee
Recei pt No.
Da te Rec' d
Accepted by
Project No.
/S-9d,-9
'i>St!..OD
"f ~ $108
"'rr~-'11
Fft S'f I
1. PRGJECT TITLE EASTLAKE GREENS CLUSTERING
2. PRGJECT LOCATION (Street address or description) SE of EastLake Pkwv &
Telegraph Canyon Road intersection
Assessors Book, Page & Parcel No.
3. BRIEF PROJECT DESCRIPTION Rezone/SPA plan amendment for increased density
on four parcels currentlv designated with "Interim Densitv" (ID)
4.
5.
Name of Appl i cant EastLake Development Co.
Address 900 Lane Avenue, Suite 100
City Chu1a Vista State CA
Name of Preparer/Agent Cinti & Associates
Address 1133 Columbia Street, Suite 201
City San Diego State CA
Relation to Applicant Planning Consultant
(Attn: Kent Aden)
Phone 427-0127
Zip 919]3
Phone 239-1815
Zip 92101
6. Indicate all permits or approvals and enclosures or documents
required by the Environmental Review Coordinator.
a. Permits or approvals required:
General Plan Revision
-X- Rezoning/Prezoning
--- Precise Plan
--- Specific Plan
--- Condo Use Permit
Vari ance
Design Review Committee Public Project
--- Tentative Subd. Map --- Annexation
--- Grading Permit Design Review Board
--- Tentative Parcel Map --- Redevelopment Agency
Site Plan & Arch. Review
Other
b. Enclosures or documents (as required by the Environmental Review
Coordinator).
Location Map Arch. Elevations
--- Grading Plan Landscape Plans
--- Site Plan Photos of Site &
-X- Parcel Map --- Setti ng
--- Precise Pl an Tentative Subd. Map
--- Specific Plan --- Improvement Plans
Other Agency Permit or --- Soils Report
--- Approvals Required
Eng. Geology Report
--- Hydrological Study
--- Biological Study
--- Archaeological Survey
--- Noise Assessment
--- Traffic Impact Report
X OtherProject Description
.~~t
:.',\;~..
- 2 -
B. PROPOSED PROJECT
1.
Land Area: sq. footage
If land area to be dedicated,
or acreage 27.4 ac
state acreage and purpose.
2. Complete this section if project is residential.
a. Type development: Single family Two family
Multi family Townhouse XX Condominium
b. Number of structures and heights to be determined
c. Number 0 f Un its: 1 bedroom 2 hedrooms
3 bedrooms 4 bedrooms Total units 152 increase
d. Gross density (DU/total acres) 10 du/ac
e. Net density (DU/total acres minus any dedication)
f. Estimated project population 425 increase
g. Estimated sale or rental price range
h. Square footage of floor area(s)
i. Percent of lot coverage by buildings or structures Der code
j. Number of on-site parking spaces to be provided per code
k. Percent of site in road and paved surface
3. Complete this section if project is commercial or industrial.
a. Type(s) of land use
b. Floor area Height of structure(s)
c. Type of construction used in the structure
d. Describe major access points to the structures and the
orientation to adjoining properties and streets
e. Number of on-site parking spaces provided
f. Estimated number of employees per shift , Number of
shifts Total
g. Estimated number of customers (per day) and basis of estimate
- 3 -
h. Estimated range of service area and basis of estimate
i. Type/extent of operations not in enclosed buildings
j. Hours of operation
k. Type of exterior lighting
4. If project is other .than residential, commercial or industrial
complete this section.
a. Type of project
b. Type of facilities provided
c. Square feet of enclosed structures
d. Height of structure(s) - maximum
e. Ultimate occupancy load of project
f. Number of on-site parking spaces to be provided
g. Square feet of road and paved surfaces
C. PROJECT CHARACTERISTICS
1. If the project could result in the direct emission of any air
pollutants, (hydrocarbons, sulfur, dust, etc.) identify them.
NONE
2. Is any type of grading or excavation of th~ property anticipated.
(If yes, complete the fo1lowing:)ProJect will use grading approved in EL Greens
SPA plan - some parcels currently mass graded.
a. Excluding trenches to be backfilled, how many cubic yards of
earth will be excavated?
b. How many cubic yards of fill will be placed?
c. How much area (sq. ft. or acres) will be graded?
d. What will be the - Maximum depth of cut
Average depth of cut
Maximum depth of fill
Average depth of fill
":-;~'"
....,J
- 4 -
3.
Describe all energy consuming devices which are part of the proposed
project and the type of energy used (air conditioning, electrical
appliance, heating equipment, etc.) Appliances typical of residential
uses
4.
Indicate the amount of natural open space that is part of the project
(sq. ft. or acres) NONE
5.
If the project will result in any employment opportunities describe
the nature and type of these jobs.
6.
Will highly flammable or potentially explosive materials or
substances be used or stored within the project
site? NO
7.
How many estimated automobil e tri ps, per day, wi 11 be gen.erated by
the project? 1,216 increase (included in EL Greens Trafflc StudyJ
8.
Describe (if any) off-site improvements necessary to implement the
project, and their pOints of access or connection to the project
site. Improvements include but not limited to the following: new
streets; street widening; extension of gas, electric, and sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
NONE
D. DESCRIPTION OF ENVIRONMENTAL SETTING
1. Geology
Has a geology study been conducted on the property? See EL Greens ErR
(If yes, please attach)
Has a Soils Report on the project site been made? See EL Greens ErR
(If yes, please attach)
2. Hydrology
Are any of the following features present on or adjacent to the
site? NO (If yes, please explain in detail.)
a. Is there any surface evidence of a shallow ground water
tab 1 e?
b. Are there any watercourses or drainage improvements on or
adjacent to the site?
- 5 -
c. Does runoff from the project site drain directly into or toward
a domes~ic water,supply, lake, reservoir or bay?
NO
d. Could drainage from the site cause erosion or siltation to
adjacent areas? NO - community facilities in place
e. Describe all drainage facilities to be provided and their
location. per City Engineer's approval
3. Noise
a. Will there be any noise generated from the proposed project site
or from points of access which may impact the surrounding or
adjacent 1 and uses? NO
4. Biology
a. Is the project site in a natural or partially natural state?
NO
b. Indicate type, size and quantity of trees on the site and ~Ihich
(if any) wi 11 be removed by the project. NONE
5. Past Use of the Land
a. Are there any known historical resources located on or near the
project site? NO
b. Have there been any hazardous materials disposed of or stored on
or near the project site? NO
6. Current Land Use
a. Describe all structures and land uses currently existing on the
project site. Vacant
- 6 -
b. Describe all structures and land uses currently existing on
adjacent property.
No~ Parcels are within the EastLake Greens neighborhood;
current adjacent uses are vacant or golf course
South
East
West
7. Social
a. Are there any residents on site? (If so, how many?) NONE
b. Are there any current employment opportunities on site? (If so,
hO\~ many and what type?) NONE
Please provide any other information which could expedite the evaluation of
the proposed proJect.
-See attached project description.-
- 7 -
E. CERTIFICATION
I,
or
Consultant or Agent*
HEREBY AFFIRM, that to the best of my belief, the statements and information
herein contained are in all respects true and correct and that all known
information concerning the project and its setting have been included in
Parts B, C and D of this application for an Initial Study of possible
environmental impact and any enclosures for attachments thereto.
DATE: ClI ~A- / t?f..
f -jt-
*If acting for a corporation, include capacity and company name.
EASTlAKE GREENS SPA AMENlJtENT - CLUSTERING
-Project Description-
Introduction
The proposed project is an amendment to the adopted EastLake Greens SPA P1 an
and EastLake II General Development Plan (zone change). The purpose of this
amendment is to increase density within the EastLake Greens SPA project area
by designating parcels R-24, R-25, R-27, and R-28 to 10 dulac (net acre), as
permitted by the General Plan Update. The overall result will be a 152 unit
net increase in total yield within the EastLake Greens SPA Plan (2,774 to
2,926 du's) and EastLake II General Development Plan (4,034 to 4,186 du),
which includes EastLake Trails. No change in parcel acreage statistics is
proposed. The proposed amended Site Utilization Plan and General Development
Plan are attached.
Proiect Historv/Backaround
In the last stages of the approval process for EastLake II General Development
Plan (GOP) and EastLake Greens SPA Plan, some questions arose with regard to
the density provisions of the newly adopted General Plan and the consistency
of the high density parcels within the proposed project. As provided in City
Council Resolution 15200, parcels R-24, R-25, R-26, R-27, and R-28 were zoned
at the target density of 4.5 dulac on an interim basis. This density was
applied to the affected parcels on the EastLake II GDP Map and EastLake Greens
Site Utilization Plan.
Revised General Plan density policies were subsequently adopted and applied to
the EastLake II project. A report prepared for staff concluded that the new
policies require special findings to exceed the mid-point of the R-LM density
category. The revised policies also establish a maximum of 10 dulac for
residential clustering within the R-LM category.
ProDosed Proiect
The proposed amendment increases the number of permitted units in parcels
R-24, R-25, R-27 and R-28. (Parcel R-26 will remain with the 4.5 dulac
designation.) As noted above, the project was originally designed with high
density residential uses ranging from approximately 22 to 32 dulac on these
parcels. The designation of these parcels to 4.5 dulac significantly changed
the range of housing products within the EastLake Greens neighborhood,
eliminating the majority of the medium to high densities within the project.
The size, location, and configuration of these parcels was also directly
influenced by the originally proposed product types. These parcels are not
suited for low density uses. Thus the designation of these parcels with a 4.5
dulac density reduced the overall density but also had negative aspects. It
skewed the range of residential choices and disturbed the integrity of the
overall land plan, assigning low densities to parcels originally designed for
high densities.
The proposed amendment is intended to partially improve these negative aspects
while estab1 ishing permanent density factors which are consistent with the
revised general p1 an pol icies. The four parcel s would be redesignated to 10
dulac which would most 1 ike1y be developed as a townhouse product (see Table
A).
WPC 9669P (Rev. 8/16/91'
-1-
The net result of this amendment is an increase in permitted units on these
parcels from 122 to 274. No significant or new environmental impacts should
be associated with the project, other than General Plan consistency. The
East Lake Greens SPA EIR (EIR 86-4) evaluated the impacts associated with a
total of 3,609 units in EastLake Greens and 1,017 units on the four parcels
under consideration. The proposed project will increase the EastLake Greens
SPA total by only 152 du to 2,926, well below the 3,609 evaluated in the
project EIR.
In addition, the proposed increase in density on the selected parcels should
improve the residential balance, land use compatibility, and development
intensity relationships within the project, which were adversely affected by
the density reduction.
TABLE A
Proposed Parcel Statistics
Parcel
Aw.i
5.0
7.4
8.9
6.1
Densitv
Permitted Units
R-24
R-25
R-27
R-28
10.0
10.0
10.0
10.0
50
74
89
-M
274 du
Total Proposed Units
Parcel
Acres
TABLE B
Existing Parcel Statistics
Densitv
Permitted Units
R-24
R-25
R-27
R-28
5.0
7.4
8.9
6.1
4.5
4.5
4.5
4.5
22
33
40
..J.l
122 du
Total Permitted Units
VPC 9669P (Rev. 8/16/91>
-2-
"
Proposed
General
Development
Plan
I-R
... .. \ c
'oT""--..L..J
i
.
.
C
(HI
IOl
,.,
RESIDENTIAL
lNCl USE MAX.
ACRE. DUlAC lNTS
CD Low 201.7 1>-, ..,
~ Low_ ..0.0 .... '883
r:;a--- 208.. 6-11 ,..,
...- 108.4 11-18 .-
~..." 200 1&-27+ ...
.......T.... 137.7 65'0
NON-RESIlENTIAL
lNCl USE ACRES
I ~ i~';b~ ~:
HI ~~ 171.3
~ (!pin Space 245.7
~ N:lIcJ~ 103.3
L.!::J Pwb . AlcNIIIon 28!l.4
~ Major ChUatlon 207.0
&.b-TOIII 1092.3
FU _.."""....
1-.......
C!i!:J ......-.
_T....
50.'
2089.1 ac
8670 du
. c..odlIal.a..c......
CD) -1rtI.nm dIiIlCfWtiOn 01 4.5 clU'c,'" tor tutuM denlity..... ~ to ~ of ~ o.n.aI PIIin...... tar ~ t-vM denlity.
~fASTLAKE
A PLA/INO COMMJNITY BY EASllAKE ~ CO.
~~;~
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\I , lj~ ~ n-~i~Hi nz!i%'! ~i~i~l:i;
)> A:J!:Q :i if~~iiTI;~TIffq~~HI5~
i~ mr- I !,!,!mll,III,ml.ilil;I,~
9! ~.~ Wi ~ H I
.. o~.....iD...iD.." 01;1_0.. wiD
I
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~~ mil
.
"
,
/
.'
-~
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en
-.
· --- -- I' , , , lii" CD'-+-
"0 i515 00 ! III CIl
~';;II;.;;I, H H H' "H"'.': pi:: P Hli !
I...~ "'j:=:!'8;;:;;;X:;;;:0 "'! ....- i F-'C
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.:.i.t";~;;,~.;;:,,i,",~,,' 0'
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~I~ ~1~~~lu if ii. h It ill'" ..I. i fa.. ~~ CD
L..L-_____--L- :::J a.
RESIDENTIAL
LAK> use ACRES DUlAC
~LOW 201.7 <>-3
~ Low/"""",, 390.0 HI
~........ 208.6 &-11
~ """""- 108. 11-18
~"'" 290 18-27+
&tl- Total 937.7
NON-RESlJENTlAL
l...MD USE ACRES
~AetaI 56.8
rc:<>: Pn:Itesein1I& 12.8
~ Adn'nstTative
r;:Rl Research' 1713
~ Lmed Mlnlfactll'i'lg .
~ ClpenSpece 245.7
~ PlbIc/Quasi-f'ld:: 103.3
o=J Par1I.s & Attcreation 295..
~ Major Ci"oJation 207.0
&ti-TOl.al 1092.3
~ Fuuelit:a\ e9.1
ProieCI local
2099.1 ae
.. C.ncl,Il...C.....CI\ Sile
Adopted
General
Development
Plan
64'8 du
....,. 10......_......'....01 ".$ C1utIC."'. ICI" Meu _ty """...._teet
l..~'_ot _0.....-.._.--..,.,... .......clong r.'I"II_.
~ fASTLAKE
A PlANNED COMMUNITY BY EASTlAKE DEVELOPMENT CO.
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ut~.::.>..;...l:'>
-,--_I""l'l!il
D.'.1''''9:"V~ I
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ClSe No. X<;'-&fz.-ot
\
G. ~NGINEERING DEPARTMENT
1. Drainaae
a.
Is the project sUe within a flood plain? t-lo.
If so, state Which FEMA Floodway Frequency Boundary
IJ/A
.
b. What. is the location and description of existing on-site
drainage facilities? U""T 24- 'BO/~ Af.lo 'R<"S,...-rl"~ ~,>.l I.... tJwrl>B.Ju.
r)IoHr X-!;-JJo/t.l€ _ tJlJ/r :Z"7.lloul!!. _ VlJli 2A _IPJUa.cP Mil> "DES'Lr~ SA4tN AI
eA5TU~ 1't*rtwJ. OF' t.J14,.,. U.
c. Are they adequate to serve the project? NO.
If not, explain briefly. Tb 1&1': 1"",.J..rrau:."""D WilEN. T7t:illl!ru;-.....
d. What is the location and description of existing off-site
drainage facil Uies? VN'''' 2.<(-"'2.'fZCp "Df:>>II"'-.."'.... '.J Il-""""";u..n: 'PrI!,vP-'
tJlJlr'z5- 30".'f2cp 114 1EA~J(Ji;" 3~AY. UIJI't"" 2'7-:l.4" fU;P /10/ 1+"'Al.TE
PA/Z.1QV4"(' /rH1> I&H/U.,. 'N Ci..v~ 7:>/2'/15. ,u"r 2S-!JOHflGP DC""~ ,/01
e. Are they adequate to serve the project? y~ CJ,.uI!.Ht>UU !."
If not, explain briefly. "17frI:;./~F-D hit; CD",grx.Vc'7YD Ao".L r>-oIrY of
/'J4VL4 YIs.~ -G"'/7rlJ,~ t="'.olt!.. IJ,,"nM~T"E: ~vel..DP.A4E1J.TaL t!DNDlrJDAltf:,.~
2. TranSDortation
a. What roads provide primary access to the project? EA~"'~ ~~A"('>
Uulolrlf ~AV" A-IJo 7'Ia.~PH CfA.t.JYtJAJ. ~Af;',
,
b. What is the estimated number of one-way auto trips to be
generated by the project (per day)? 1~/b
c.
What is the AnT and estimated
project completion?
Before
A.D. T. /IN/(~tJW..J
level of service before and after
After
UNJaJDIt",J
L.O.S.
, JAl"aJI'JJ..JAl
I J6.1 L.IJD W IJ
If the A.D.T. or L.O.S. is unknown or not appl.icable, explain
brtefly. IH'n~ 9nJr>Y 15 ~ A z.n..J~ Cl-baJ..JIiI!. ,T" J~ "'Dr It:AJ~AI
W/41lt-.,- IH~-r ~/LJ.-, i!!J~..eIJ" JJJ ~ :slhR.r-"rI!IZM. AN'h J~ 'T"J.IEE. I-DAliC-'7'kIZM..4.
6VPPLrjt4EUTAl- ~FFtc:.. ~CIt" SH14LL .6 t2&"~..lII!)~'" ~~I&J~-rJ.H:. JIIP/Ire."rr;.,IFNlYJ
~F"rllE ,c.PPfrto"'M- -r1ZAFI"IC ()f'D'-I 77If.E;,r/~r-~ ~p F<.Jrv/IE. ~AY' S'l'srB1s.
d. Are there any intersections at or near the point' that will
result in an unacceptable Level of Service (LOS)? Vfl~WN. V~~Ic:.
If so, identify: Location ~Py.
Cumulative L.O.S.
WPC g459P -14-
y'5 --':tq b
,
.
Case No. T5-C/:z.-D4
,
.
e. Is there any dedication required? ~~
If so, please specify. .
f. Is there any street widening required? "VA
If so, please specify.
,
g.
Are there any other street illlprovements required? -14/A
If so, please specify the general nature of~e necessary
improvements. .
3. sons
a. Are there any anticipated adverse geotechnical conditions on the
project site? .~/A
b. If yes, specify these conditions. "(/~
c. Is a soils report necessary? ~;.A
4. land Form
a.
What is the average natural slope of the site?
What is the maximum natural slope of the site?
~
N/A
,
b.
5. Noise
Are there any traffic-related noise levels impacting the site that
are significant enough to justify that a noise analysis be required
of the applicant? k1~.
6. Waste Generation
How much solid and liquid (sewage) waste will be generated by the
proposed project per day?
IlJGP-~ 01f ,tJ~/i. of
Solid A.4'3 l-~/~v pouid ~~qAO ~S/04Y (QS EJ;1t) 10)
What is the location and size of existing sewer lines on or
downstream from the site? VAl,. Z4-~. 9VC- IN ~IJ"'-""n;; DlIl.tV~ 11:il. t 1"Yc. IN EA~
PA-A~A.Y' M..~ A. ~ ST1JS '7b S'l2'bAal7Y L-I"""_ UNtr z.~-e." PVc. 'N E~1t:E ~AY.
11/.1 IT" ;(7- 15" F'Vc. IN HIIt>lT"E. ~tavAY. ""',r .ze,-S" pvc. IN c.~ 'p/Z.11I/i "'''H B" pre
Are they adequate to serve the proposed project? YIE.S.' ST". TO
P~I"'IEP.TY
I-ltllIl Ar _.
EIJ l> 01" 1M"
WPC 9459P
-15-
y s':' "f<'f h
.
/'
Case No. 15-QZ-04-
.
7. llf!marks
Please identify and discuss any reaaining potential adverse iapacts,
.itigation .-asures, or other issues.
1(d-j hI
Date
.
"PC 9459P
-16-
Case No. /5-,7?y -~)'
H. FIRE DEPARTMENT
1. What is the distance to the nearest fire station? !nlI. what is the
F~[e Dep'rftme,nt's e~~imate~ reaction time? at--: p....~,de.'-d=- lG,~{fltiv
..::oa~ ~ - M:rl.4ia~t^.,d.b) ,
2. Will the Fire Department be able to provide an adequate level of fire
protection for the proposed facility without an increase in equipment
or personnel? ~ n
"3. ~r~s~.6~Jt~ft{~.tbAPtQitljJ~
~)
Fire Mars a
~I~I
WPC 9459P
-17-
Case No. g-?v-ay
H-I. PARKS AND RECREATION DEPARTMENT
I. How many acres of parkland are necessary to serve the proposed
project?
2. How many acres of developed parkland are within the Park Service
District of this project as shown in the Parks and Recreation Element
of the General Plan? (If applicable)
3. What are the current park acr~a~ requirements in the Park Service
District? (If applicable) ~ .
4. Is project subject to Parks & Recreation Threshold requirements? ~i:~
If not, please explain.
S. Are existing neighborhood and community parks near the project
adequate to serve the population increase resulting from this project?
Neighborhood
Community Parks
6. If not, are parkland dedications or other mitigation proposed as part
of the project adequate to serve the population increase?
Neighborhood
Community Parks
7. Does this project exceed the Parks and Recreation Thresholds
established by City Council policies?
8. To meet City requirements, will applicant be required to:
Provide land?
Pay a fee? 'r~ .
9. .Remark~: "n~- pj;:,,~l..D("-~
(;)
~,
u
l'=> ~ ~~'S~ ol'l ~ 'Pi:.I/\'Sc:.o 'Pfl\O' l"~ Sc:.~~VI..c:.,
10 rp.v" ~ lTIoriA.c-
0"
~~
Parks and Recreation Director or Representative
CS .2,8 .'11
Date
WPC 94S9P
-18-
-
Case No.~ q;t- O~
IDENTIFICATION OF POTENTIAL ENVIRONMENTAL IMPACTS
I. Indicate which of the following issues have been identified as having
potentially significant environmental effects and should be addressed in
an EIR. This list is not intended to be all-inclusive.
Aesthetic/Visual ~ Schools/Universities
Agriru1tural Land :sr: Septic Systems
- Air Quality Sewer Capacity
~ Archaeological/Historical :s: Soil/Erosion/Compaction/Grading
Zoning/General Plan Solid Waste
-
~ Drainage/Absorption Tox1c/Hazardous
Economic/Jobs .:::L Traffic/Circulation
Fiscal Vegetation
Flood Plain/Flooding :sL Water Quality
Forest Land/Fire Hazard Water Supply/Groundwater
- Geologic/Seismic Wetland/Riparian
Minerals Wildlife
- Noise ~ Growth Inducing
~ Population/Housing Balance Land Use
Public Services/Facilities Cumulative Effects
Recreation/Parks Other
II. Summarize each issue briefly.
,
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III. Deteraination
(To be completed by the Lead Agency.)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.......[ ]
I find that although the proposed project could have a significant
effect on the environment, there will not ,be a significant effect in
this case because the lIitigation Masures described on an attached
sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION
WILL BE PREPARED...................................................~]
I find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required........[ ]
~AM.. 2~ 11'1<-
,
'&;4~
Si n ur
Date
~r'
IV. S\lM1ARY OF ISSUES
List all significant or potentially significant impacts identified in
the Initial Study checklist form.
YES
MAYBE
o..St.,.(!, a..Hacheel NegcJille, .J)warM-Jln
"A
M. pE MINIMIS FEE DETERMINATION
(Chapter 1706, Statutes of IttO - AS 3158)
_ It is hereby found that this ,roject involVes 110 ,0tenUal for.
any adverse Iffect, lither individually or cumulatively on
wndl1fe resources and that a .CerUficate of Fie Exemption-
shall be prepared fo~ this project.
A It is hereby found that tMs ,roject could potenUally impact
wndl1fe, indhidually or cumulathely. and therefore fees in
accordance with Section 711.4 (d) of the Ftsh and Same Code
shall be paid to the County Clerk.
I!~~;@;-P
Environmentat eview Coordinator
.J~ ~. 1'f9~
Date '
. ,
.
-
VPl:_ 94S9P
-2t.
Sweetwater Union High School District
ADMINISTRATION CENTER
1130 Fifth Avenue
Chula Vista, California 91911-2896
(619) 691-5500
September 16, 1991
RECEIVED
-SEP 19 19q1
~.. .
E.LANN/NG
Division of Planning and Facilities
Mr. Douglas D. Reid
Environmental Coordinator
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Reid:
Re: 15-92-04, Proposed Rezone ond 5PA Plon Amendment
The above subject rezone and SPA Plan Amendment is located within the
Sweetwater Union High School District Community Facilities District No.
1. This special tax district was created to mitigate the anticipated
demands the EastLake Planned Community would place on schools.
It is structured so that as the number of permitted dwelling units are
increased or decreased, the amount of tax revenue to the school is
adjusted accordingly. Thus, the resultant impacts to facilities are
addressed. No additional mitigation is required while Community
Facilities District NO.1 is in effect.
If you require additional information, please feel free to give me a call at
691-5553.
Sincerely,
~
Thomas Sil va
Assistant Director of Planning
TS/ml
Sweetwater Union High School District
ADMINISTRATION CENTER
1130 Fifth Avenue
Chula Vista, California 91911-2898
(819) 691-5500
RECEIVED
SEP - 6 1991
P..LANNING
Division of Planning and Facilities
August 30, 1991
Ms. Mari I yn Ponseggi
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, CA 91911
Re: Eftstlftke GreensIlS-92-04 ftnd PCM-92-03
Dear Ms. ponseggi:
The district does not oppose the proposed rezone of the Eastlake Greens
SPA plan IS-92-04 and PCM-92-03. The Eastlake Development Project is
incorporated into Community Facilities District No.1; therefore, the
anticipated student impact has been mitigated.
As you know, the Community Facilities District is used to provide one high
school in the Eastlake Greens area and a future junior high elsewhere in
the project. The anticipated impact caused by the increase in density can
be accommodated by these schools.
If you have any Questions or comments, please give me a call.
Cordially,
Thomas Silva
Assistant Director of Planning
TS/ml
cc: Mr. Bud Gray, City of Chula Vista
PCM-92-03
S31nNIW NOISSIWWOJ NOllV^~3SNOJ 3J~nOS3~
ONV
SNOllnlOS3~ ONV S31nNIW NOISSIWWOJ 8NINNVld
May 19, 1992
MEMO TO:
The Honorable City Council
FROM:
Mayor Tim Nader
SUBJECT:
REQUEST FOR SUPPLEMENTAL APPROPRIATION
In light of recent action and announcements from the San Diego City Council on Twin
Ports, I believe it may be necessary from myself and other officials in this region and
members of this community to travel to Mexico City sometime in the near future on very
short notice. To avoid any possibility of a crippling inability to obtain funds should the
necessity arise without an opportunity for a Council meeting, I am respectfully requesting
under my report tonight that the Council make a supplemental appropriation of $1,000
on a contingency basis should I view it as necessary for me to travel to Mexico City to
present our position on the Airport issue.
Should a trip be unnecessary, the funds would of course remain unspent. I appreciate
my colleagues understanding of the need for an appropriation to meet the potential
contingency in this matter.
..G- ~~~~
TN:das
spec
1.._
/ pOL ---