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HomeMy WebLinkAboutReso 1975-7671RESOLUTION N0. 7671 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THAT REFERENDUM PETITIONS CONTAINING MORE THAN THE REQUISITE NUMBER OF SIGNATURES HAVE BEEN SUBMITTED REQUESTING THE RESCISSION OF RESOLUTION NO. 7596 APPROVING THE GENERAL DEVELOPMENT PLAN AND SCHEDULE OF PLAZA DEL REY AMENDING A PORTION OF THE GENERAL DEVELOPMENT PLAN AND SCHEDULE OF EL RANCHO DEL REY, AND THAT THE CITY COUNCIL HAVING RECONSIDERED SAID RESOLUTION, DOES HEREBY DECLARE ITS INTENTION TO CALL A SPECIAL ELECTION TO BE CONDUCTED ON MAY 27, 1975, TO ALLOW THE ELECTORATE OF THE CITY OF CHULA VISTA TO APPROVE OR DISAPPROVE SAID RESOLUTION NO. 7596, AND FURTHER DECLARING ITS INTENTION TO PLACE UPON THE BALLOT CERTAIN CHARTER AMENDMENTS OF THE CITY OF CHULA VISTA AT SAID SPECIAL ELECTION The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council did on the 14th day of January, 1975, adopt Resolution No. 7596 approving the General Development Plan and Schedule of Plaza del Rey, amending the General Development Plan and Schedule of E1 Rancho del Rey, and WHEREAS, said Resolution was placed upon second reading on January 21, 1975, and the effective date of said resolution would have been the 20th day of February, 1975, and WHEREAS, subsequent to the second reading and adoption of said resolution, and prior to its effective date, a group of citizens known as Concerned Citizens II, commenced the circulation of referendum petitions, a form of which is attached hereto, and WHEREAS, the City Clerk, upon receipt of said petitions, has certified as stipulated in the certification of the City Clerk, attached hereto, and informed the City Council of the City of Chula Vista that 269 petitions, signed by 3481 residents of the City of Chula Vista in a verifiable and acceptable form had been received, and WHEREAS, the City Council, accepting the receipt of said referen- dum petitions, declared the adequacy of said petitions and accepted said validity and adequacy thereof without further examination by the Registrar of Voters, declaring that such further examination was clearly unnecessary and constituted an unwarranted expenditure of public funds, and WHEREAS, the City Council in accordance with the requirements of the Elections Code of the State of California, having reconsidered the action in the adoption of Resolution No. 7596 approving the General Development Plan and Schedule of Plaza del Rey, a copy of which is on file in the office of the City Clerk, does hereby determine that a special election shall be called for the purpose of determining, in accordance with Section 4052 of the Elections Code, whether a majority of the voters voting on the resolution vote in favor of it. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby declare its intention to call a special election for the purpose of presenting to the people the question of the rescission of Resolution No. 7596, adopted by the City Council on the 21st day of January, 1975, which ballot proposition shall, in accord- ance with the requirements of Sec. 4052 of the Elections Code, seek the approval of the majority of the voters on the ordinance or resolution in question, be stated generally as follows: 1 - k~ROPOSITION A "Do the people of the. City of Chula Vista approve the Genexal 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 No. 7596, adopted by the City Council on the 21st day of January, 1975? Yes No BE IT FURTHER RESOLVED that the City Council desires to place the following ballot amendments upon the ballot for said special election: PROPOSITION B An amendment to the Charter of the City of Chula Vista, amending Article V, Sections 500 and 508 thereof, relating to the establishment of unclassified positions by ordinance of the City Council, 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 Mayor 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 the approval of the Council, who shall be in the Unclassified Service. It is further provided that the City Council may, by ordinance, deter- mine that other positions of management level employees, i.e., Assistant and Deputy Department Heads, may be placed in the Unclassified Service as adopted by a four-f if th' 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 Manager being first had and received. - 2 - 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, if 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 - 3 - 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 Manager. 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 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. - 4 - 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. Presented and Approved by ' ~ % ~) George D. Lin erg, City Attorney - 5 - .l~ '_ ADOPTED AND APPROVED BY THE CITY COUNCIL OF .THE CITY OF CHULA VISTA, CALIFORNIA, this 11th day of March , 197 5, by the following vote, to-wit: AYES: Councilmen Hyde, E~dahl, Scott, Hobel, Hamilton NAYES : Counc2Zmen None ABSENT: Councilmen None ~.Oh~e/ , Mayor of the City of C uZa Vista ATTEST f,,.--~~ ~~ t/ i -- City Clerk ~_~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 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 City Cler and CC-660 1.4, • f?+~ J/1T•.'/ii 'l ~r s.~ ~ t gAll~r i ~fi 7r 7~: f-7r Y~ it r(~ ~j '/' "~~ 1 •~ ~~ 1 !.• ~: ., ( .' n,r~1rrlnr( rrt yrr~,f~a~,,fl!'f"i'll)I qtr tlllt~f~~ ~ r :lCi. ![..;~(< I ~.ta, r! Irl lr i; /, l ,~,. i '~ !tl! ' 1 ,u.b+r; ,,__._~:~__.C_.__r..~, .:: i~':•.~it;l r. ..ilt~l~tt.l~al ~Ijl•f+c f-.~ ~'~~d ,I '~}'1 ~ f~ I~: t~" i`-llfi`~i~~r f~VY:; _~~,t ~ r ~lrll~fV~~(~ ;~5 t:l'~ I/'%~ ~~:\~~/~ '. 1 i S orr--~~ or JENNIE t1i. I'ULASl., CITY CLERK CERTIFICP_TION pity o~ Cf~ccQa CU~sta CALIFORNIA T, JENNIE M. FULASZ, City Clerk of the City of Chula Vista, California, do hereby certify that on February 18, 1975, I received a total of 269 petitions for referendum in "protest against passage of the legislative act providing approval of DLB Corporation's Plaza del Rey project which consisted of the adoption of Resolution No. 7569." The petitions contained a total of 3,481. signatures. Section 4051 of the Election Code states that the petitions shall be signed "by not less than 10~ of the voters of the city according to the county clerk's last official report of registration to the Secretary of State..." The last report made to the Secretary of State by the county clerk was on December 1, 1974 which stated that Chula Vista's registered voters totalled 22,082; therefore, 2,208 verified signatures were needed. At the meeting of February 18, 1975, the City Council moved to accept the signatures without verification and to call a special election as soon as possible on this issue. Dated: February 19, 1975 ~p/r, ~ • ~~'..~+~L~-fit.-~f/" e nie M. Fulasz, City Cler} City of Chula Vista, California 77( Fnnrth Avrnnr C'hnln \li~tn ('A 97(11(1 (71411177-~'',M as PETITION FOR REFERENDUM ON A CERTAIN LEGISLATIVE ACT Circulator,7~lense read ca~•cflcll,i/. If erne have any q~zcestirnis, cell The Benshops, 427-2613, or The tiVat?•ys, 1~ ~7-71~ 93. 1. WHO MAY SIGN THIS PETITION? Any registered voter residing in the City of Chula Vista. Note: Signer should have voted in the last General Election in November, 1974, in order to sign this petition or should have registered since then. If in doubt, accept the signature. Any invalid signature will not invalidate the rest of the petition. 2. WHO MAY CIRCULATE THIS PETITION? Any registered voter residing in Ghula Vista. 3. NOW ARE SIGNATURES AND DATES V'JRITTEN OR AFFIXED? Example is shown below. Signer should sign in the same manner as he or she signed when registering to vote. If signer cannot remember his or her signature as it appears on the voter registration rolls, have him or her sign FULL FIRST NAME, MIDDLE INITIAL (if any) and LAST NAME along with titles such as "Jr." or "III," etc. Women NO NOT need to indicate "hiss" or "Mrs." Addresses should be written legibly, complete with street, place, way, avenue, drive or other designation. NOTE: ADDRESSES MUST BE WHERE SIGNER ~S REGISTERED TO VOTE; not necessarily where he o r she is presently living. DON'T FORGET TO GFT DATE 1 SIGN J REGISTERED ~~n""" ~~ /, ADDRESS ~~ / J/ DATE /~ ,ly ~ ~j > PRECINCT (IF KNOWNI ,~_ ~ / ~~ .J '(~( / ~ /J V (PRINTI ~ ~~ ^Qe fir' oS~ 13. • L; J/ ~r ~ CITY ~ ,~~Z N/ U ~~ ZIP(9 adio 2 SIGN REGISTERED DATE PRECINCT ADDRESS ~/ /) ~/ (IF KNOWN) (PRINT) CITY ZIP(IF KNOwNI aturvct< mu~l alcsrv uwrv rvame NEVER EVER USE DITTO MARKS AS REGISTERED TO VOTE CIRCULATOR: PLEASE FILL IN PRECINCT IF KNOWN. 4. WHERE MAY SIGNATURES BE COLLECTED? You may lawfully obtain signatures on sidewalks, public streets and any public areas such as entryways and parking lots to shopping centers, as long as you do not interfere with the flow of traffic. 5. MAY THE SAME PERSON BE BOTH SIGNER AND CIRCULATOR? Yes. However, circulator may only sign one petition. Circulator must sign declaration on every petition he or she carries. 6. WHEN ARE PETITIONS TO BE RETURNED? Please return petitions within five (5) days whether filled or not, then start a new one. (This will help distribute the work for the precincting staff.) 7. ASK YOUR FRIENDS AND NEIGHBORS TO CARRY PETITIONS. SPREAD THE WORD. GET SIGNATURES. TO THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA WE, THE UNDERSIGNED, being duly qualified and registered voters of the city of Chula Vista, California, and constituting not less than ten percent (10%) of those who are voters of said city, hereby protest against passage of the legislative act providing APPROVAL OF DLB CORPORATION'S PLAZA DEL REY PROJECT which consisted of the adoption of the following resolution: RESOLUTION N0. 7569 entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULAVISTA APPROVING THE MODIFICATION OFTHE GENERAL DEVELOPMENT PLAN AND GENERAL DEVELOPMENT SCHEDULE FOR A PORTION OF THAT PROP- ERTY KNOWN AS EL RANCHO DEL REY, BEING DESIGNATED AS PLAZA DEL REY, adopted by the City Council on January 21, 1975. We request the said City Council to reconsider said legislative act and rescind the same, or .... 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