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HomeMy WebLinkAboutReso 1975-7765RESOLUTION NO. 7765 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALSFORNIA, RECITING THE FACT OF THE SPECIAL ELECTION HELD IN SAID CITY ON THE 27th DAY OF MAY, 1975, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The City Council of the City of Chula Vista does hereby resolve as follows: WfIERBAS, a special election was held and conducted in the City of Chula Vista, County of San Diego, State of California, on Tuesday, the 27th day of May, 1975, as required by law, and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed, and that in all respects said election was held and conducted and the votes cast thereat received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California for holding of elections in general law cities, and WHEREAS, the returns of said election have been duly and regularly canvassed as provided by law, and all absentee ballots, if any, returned have been canvassed as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: Section 1. That there were fifty-nine (59) voting precincts established for the purpose of holding said election. Section 2. That at said special election, the following measures were submitted to the electors of said City, to-wit: PROPOSITIONI A "DO the people of the City of Chula Vista approve the General Development Plan and Schedule for Plaza del Rey, which plan and schedule incorporate a re- gional shopping center and residential development in accordance with Resolution P7o. 7596, adopted by the City Council on the 21st day of January, 1975? No 5091 ~~ Yes 4203 PROPOSITION B An amendment to the Charter of the City of Chula Vista, amending Article V, Sections 500 and 508 thereof, relating to the esta- blishment of unclassified positions by ordinance of the City Council for Assistant and Deputy Department Heads, to read as follows: Sec. 500. Appointment and Removal of Officers and Department Heads. (a) Appointment. The City Manager, City Attorney and City Clerk shall be appointed by and serve at the pleasure of the City Council and shall be in the Unclas- sified Service. In addition, there shall be in the Unclassified Service a private secretary for the City Manager, City Attorney and the Playor and Council who shall be appointed by the respective officers for whom they serve. All other officers and department heads of the City and the Assistant City Manager shall be appointed by the City Manager subject to the approval of the City Council. The City Attorney shall also appoint Assistant or Deputy City Attorneys as may be authorized by the Council, subject to tkie approval of the Council, who shall be in the Unclassified Service. It is further provided that the City Council may, by ordinance, determine that other positions of manage- ment level employees, i.e., Assistant and Deputy Department Heads, may be placed in the Unclassified Service as adopted by a four-fifth's vote of the Council. Sec. 508. Department Heads; Appointment Powers. Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for his department or office, subject to the civil service provisions of this Charter and the rules and regulations promulgated thereunder, or as provided by ordinance of the Council as authorized by Sec. 500(a) of this Charter, and subject to the approval of the City Dianager being first had and received. PROPOSITION C An amendment to the Charter of the City of Chula Vista, amending Article XI, Section 1106, retaining the existing tax levy of $1.80 on each one hundred dollars of assessed valuation, but abolishing the special tax levies presently comprising said maximum levy. Sec. 1106. Tax Limits (a) Property Taxes. The City Council shall not levy a property tax, for municipal purposes, in excess of one dollar and eighty cents ($1.80) annually on each one hun- dred dollars of the assessed value of taxable property in the City, except as otherwise provided in this Section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such addi- tional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) Additional Taxes. There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, i£ no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City for principal and interest of all bonds or judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City to the State Employee's Retirement System for the retirement of City employees, due and unpaid or to become due during the ensuing fiscal year. PROPOSITION D An amendment to the Charter of the City of Chula Vista, amending Article XI, Section 1109 thereof, revising procedures for public works contracts to allow for informal bidding on amounts under $8,000.00 and eliminating written contracts on expenditures of $5,000.00 or less. Sec. 1109. Contracts on Public Works. Every project involving an expenditure of eight thousand dollars ($8,000.00) or more for the construction, reconstruction, improvement or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds and other public works, and the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract except as otherwise provided in this chapter, and the Council, upon the recommen- dation of the City Manager, shall let said contract to the lowest responsible bidder after notice by publication in the official newspaper for sealed bids for the work contemplated by one or more insertions, the first of which shall be at least ten days before the time for opening bids. If the cost of said public works project is more than the sum of five thousand dollars ($5,000.00) but less than eight thousand dollars ($8,000.00), the City Council may let said contract without advertising for bids after the City Manager or his designated agent has secured competitive prices from interested contractors; which shall be considered by the Council before said contract is let. Projects involving the expenditure of five thous- and dollars ($5,000.00) or less may be awarded without written contract by the Director of Public Works with the approval of the City Alanager. Whenever practicable, the Director of Public Works or the Purchasing Agent shall obtain informal bids. The project shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest. The Director of Public Works may solicit such bids personally, by telephone or by mail, and shall submit to the Purchasing Agent and the City Manager a written account of the procedures used and the bids thus obtained. A copy of said informal bidding procedure shall be filed in the Office of the City Clerk as a public record. The City Council may, however, declare and determine that, in its opinion, based upon estimates approved by and the recommendations of the City Manager, said projects may be excepted from the requirements of this section because the work in question may be performed better or more economically by the City with its own employees, and by a resolution to this effect, adopted by at least four affirmative votes of the Council, order the performance of any such construction, recon- struction, improvement or repair by appropriate City forces. All bids of more than five thousand dollars ($5,000.00) shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in - 3 - an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten percent (10~) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council shall be competent in awarding any contract to compare bids on the basis of time completion, provided that when any award has been made in consideration, in whole or in part, of the relative time estimates of bidders for the completion of the work, the performance in accordance with such time limits shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and provided, further, that for any contract awarded solely or partially on a specified time for completion, the Council shall not extend such time limits unless such extension be recommended by the City Manager and the head of the department concerned. The City Council may reject any and all bids presented and may readvertise in its discretion. Contracts may likewise be let without advertising for bids if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts constituting such urgency; provided, however, that nothing in this section shall prevent the City Manager from taking any and all means necessary to make emergency repairs in the event of immediate need arising from any calamity or disaster. Section 3. That the whole number of votes cast in said City (except absent voter ballots) was 9,183, and that the whole number of absent voter ballots cast in said City was 171, making a total of 9,354 votes cast in said City. Section 4. That the propositions voted upon at said election are as set forth hereinabove. Section 5. That the number of votes given at each pre- cinct and the number of votes given in the City for and against the propositions set forth herein are as shown in Exhibit "A", attached hereto and made a part hereof by reference. Section 6. That as a result of said election, a majority of the qualified voters voting on Proposition A, did not vote in favor thereof, and that said proposition was not carried, and shall not be deemed adopted and ratified. - 4 - Section 7. That as a result of said election, a majority of the qualified voters voting on Propositions B, C, and D did vote in favor thereof, and that said propositions were carried and shall be deemed adopted and ratified. Section 8. That the City Clerk shall enter on the records of the City Council of said City a statement of the re- sults of said election, showing: (1) The whole number of votes cast in the City; (2) The propositions voted upon; (3) The number of votes given at each precinct for and against each proposition; and (4) The total number of votes given in the City for and against said propositions. Section 9. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the Book of Original Resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City of Chula Vista in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by ~ ~ ~ ~ ~~ ~ ~~ ~~ TZ'7L~~-~ ~ ~.C„°J .}-~~ Y ~ / ~~ nnie M. Fulasz, City C1 George L1n berg, City Attorrl~ ADOPTED AND APPROVED BY THE CITY COUNCIL OF .THE CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of June , 1975 , by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City of Chula Vista ATTEST ~~ City Zerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ss. I, JENNIE M. FULASZ, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of that the same has not been amended or repealed. DATED !SEAL) and City Clerk ~77~0