HomeMy WebLinkAboutOrd 1989-2331 ORDINANCE NO. 2331
AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
SECTIONS 17.08.020 THROUGH 17.08,430 AND SECTIONS
17.08.520 THROUGH 17.08.540, ESTABLISHING A NEW
CHAPTER 17.07, RENUMBERING SECTION 17.08.010 AND
SECTIONS 17.08.440 THROUGH 17.08.510 AND RETITLING
CHAPTER 17.08, AND ADDING SECTIONS 17.07.020,
17.07.030 AND 17.07.040 TO THE CHULA VISTA MUNICIPAL
CODE RELATING TO OPEN SPACE DISTRICTS
The City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: Sections 17.08.020 through 17.08.430 and
17.08.520 through 17.08.540 of the Chula Vista Municipal Code are
hereby repealed.
SECTION II: A new Chapter 17.07 entitled Open Space
Districts is hereby established in the Chula Vista Municipal Code.
SECTION III: Section 17.08.010 is hereby renumbered as
Section 17.07.010 of new Chapter 17.07 of the Chula Vista
__Municipal Code.
SECTION IV: Chapter 17.08 of the Chula Vista Municipal
Code is hereby retitled Open Space District Encroachments and
Sections 17.08.440 through 17.08.510 are hereby renumbered
Sections 17.08.010 through 17.08.080.
SECTION V: Section 17.07.020 is added to the Chula
Vista Municipal Code to read as follows:
Sec. 17.07.020 Incorporation of the Landscaping and
Lighting Act of 1972.
The Landscaping and Lighting Act of 1972, Part 2 of
Division 15 (commencing with Section 22500) of the
Streets and Highways Code is incorporated in and made a
part of this ordinance. Except as otherwise provided in
this Chapter 17.07, all annual assessment procedures for
all existing Open Space Districts in the City pursuant
to the Chula Vista Open Space District Procedural
Ordinance of 1972, as well as all other procedures for
the organization, levying and collection of assessments,
and financing of new and existing open space districts
shall be in accordance with the provisions of the
Landscaping and Lighting Act of 1972, as same may be
amended from time to time.
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SECTION VI: Section 17.07.030 is added to the Chula
ista Municipal Code to read as follows:
Sec. 17.07.030 Reserve Operating Fund.
Each Open Space District shall, upon creation, have
added to the assessment an amount equivalent to ten
percent of the previous year's operating budget, so that
after five years of generation there shall be
accumulated a reserve of fifty percent of the previous
year's operating budget. Thereafter the reserve shall
be maintained to provide necessary cash flow for
operations for the first six months of each fiscal year.
SECTION VII: Section 17.07.040 is added to the Chula
Vista Municipal Code to read as follows:
Sec. 17.07.040 Change to Streets and Highways Code
Section 22525.
"'Improvement' means one or any combination of the
following:
(a) The installation of planting of landscaping.
_ (b) The installation or construction of statuary,
fountains, and other ornamental structures and
facilities.
(c) The installation or construction of public lighting
facilities.
(d) Native plantings and open space areas, including
natural drainage facilities.
(e) The installation or construction of any facilities
which are appurtenant to any of the foregoing or
which are necessary or convenient for the
maintenance or servicing thereof, including
grading, clearing, removal of debris, the
installation or construction of curbs, gutters,
walls, sidewalks, or paving, or water, irrigation,
drainage, or electrical facilities.
(f) The installation of park, recreational, or open
space improvements, including, but not limited to,
all of the following:
(1) Land preparation, such as grading, leveling,
cutting and filling, sod, landscaping,
irrigation systems, sidewalks, and drainage.
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(2) Lights, playground equipment, play courts, and
public restrooms.
(g) The maintenance or servicing, or both, of any of
the foregoing.
(h) The acquisition of land for park, recreational, or
open-space purposes."
SECTION VIII: This ordinance shall take effect and be
in full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
Pub ks City Attorney
6027a
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Ordinance 2331
ASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of September, 1989 by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
~' XB A. Authel'et, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2331 had its first reading on
August 22, 1989 and had its second reading and adoption at a regular meeting
of said City Council held on the 5th day of September, 1989.
Executed this 5th day of September, 1989.
Bever~A. 'Aut~~t~ (erk