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HomeMy WebLinkAboutOrd 1975-1615 . , �,,,�c . . . . . . � ORDINANCE N0. 1615 AN ORDINANCE OF THE CITY OF CHULA VISTA ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON MAY 27 , 1975, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A REFERENDUM MEASURE TO APPROVE OR DISAPPROVE THE GENERAL DEVELOPMENT PLAN AND SCHEDULE OF PLAZA DEL REY AND CERTAIN PROPOSITIONS TO AMEND THE CHARTER OF THE CITY OF CIIULA VISTA WHEREAS, the City of Chula Vista has heretofore received petitions urgYng the City Council to reconsider Resolution No. 7596, adopted on the 21st of January, 1975, approving the General Development Plan and Schedule of Plaza del Rey, and WHEREAS, the City Council has heretofore, by Resolution No . 7671, declared the validity of said petitions and has further declared the intention to hold a special election to determine whether a majority of the registered voters of the City of Chula Vista approve said resolution, and WHEREAS, in addition thereto the City Council has directed that certain Charter amendments also be submitted to the qualified voters of said City. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows : SECTION 1: That a special election be held and the same is hereby called to be held for the purpose of submitting to the qualified voters of said City the proposition hereinafter set forth approving or disapproving Resolution No . 7596 adopting the General Development Plan and Schedule of Plaza del Rey. SECTION 2: That the polls for said election shall be opened at seven o 'clock a .m. of the day of said election and shall remain open continuously from said time until 8 : 00 o'clock p.m, of the same day, when said polls shall be closed, except as provided in Section 14436 of the Elections Code of the State of California. SECTION 3 : That on the ballots to be used at said special election, in addition to any other matters required by law, there shall be printed substantially the following: Do the people of the City of Chula Vista approve the General Development Plan and Schedule for Plaza del Rey, which plan YES and schedule incorporate a regional shopping center and residential develop- ment in accordance with Resolution No . NQ 7596, adopted by the City Council on � SECTION 4 : Pursuant to the provisions of Section Eight of Article Eleven of the Constitution of the State of California, and the Elections Code of the State of California, the City Council of the City of Chula Vista, being the legislative body thereof, hereby proposes and submits to the qualified voters of said City at the special municipal election to be held on the 27th day of May, 1975, the prop- ositions contained in Exhibit "A" , attached hereto and made a part hereof by this reference, to amend the Charter of said City. SECTIGN 5: The method of voting upon said Charter provisions shall be as provided in the Elections Code of the State of California, and on the ballots to be used at said special municipal election, in addition to any other matters required by law, there shall be printed substantially the language contained in Exhibit "B" , attached hereto and by reference made a part hereof . SECTION 6: Said propositions shall be designated on the ballots by letters printed on the left margin of the square contain- ing the descriptions of the measure, as provided in Section 10231 of the Elections Code of the State of California. Only qualified voters of the City of Chula Vista shall be permitted to vote at said election. SECTION 7 : That except as otherwise provided in this ordinance, the election called hereby shall be conducted as provided by law for other municipal elections in said City. SECTION 8 : The City Clerk of the City o£ Chula Vista shall, within fifteen (15) days after its final passage, cause this ordinance to be published once in the Chula Vista Star News, a newspaper of general circulation printed in the City of Chula Vista. No other notice of such election need be given. SECTION 9: This ordinance shall take effect and be in force from and after its passage. Presented and Approved by � � George . Lindberg, City Attor ey S . . � : _ I Exhibit "A" PROPOSITION 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 No . 7596, adopted by the City Council on the 21st day of January, 1975? Yes No " 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- si£ied 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 oPficers 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-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 Manager 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, 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 . PROPOSZTION 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 in£ormal 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 o£ 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 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 o£ 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 speci£ied, 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 for£eited 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. / 1 � 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. I � - Exhibit "B" PROPOSITION A Do the people of the City of Chula Vista approve the General Development Plan and YES Schedule for Plaza del Rey, which plan and schedule incorporate a regional shopping center and residential develop- � ent in accordance with Resolution No . 7596, adopted by the City Council on NO the 21st da of Januar , 1975? PROPOSITION B An anendment to the Charter of the City of Chula Vista, amending Article V, Sec- YES tions 500 and 508 thereof, relating to the establishr.ment of unclassified posi- tions by ordinance of the City Council NQ for Assistant and Deputy Department Heads . PROPOSITIOP7 C An amendment to the Charter of the City of Chula Vista amending Article XI , YES Section 1106, retaining the existing tax levy of $1 .80 on each or.e hundred dollars of assessed valuation, but NO abolishing the special tax levies pre- sentl com risin said maximum lev . PROPOSITIOTI D An ar.iendment to the Charter of the City of Chula Vista, amending Article XI, YES Section 1109 thereof, revising proce- dures for public works contracts to allow for informal bidding on amounts under $8 , 000 . 00 and elininating written NO contracts on expenditures of $5, 000 .00 or less . � ADOPTED AND APPROVED BY THE CITY COUNCIL OF .THE CITY OF CHULA VISTA, CALIFORNIA, this llth day of hlarch � 197 S , by the following vote, to-wit: AYES: Councilmen Hvde. Eedahl. Scott. Hobel . Hamilton NAYES: Councilmen None ABSENT: Couneilmen None ��''i�"""'uwQ�/V•/�/'���W7`-- Mayor of the City of Za Vista � ATTEST � — 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 abave and foregoing is a fulZ, true and correct copy of and � that the same has not been amended or repealed. DATED (SEAL) City Clerk / IS CC-660