HomeMy WebLinkAbout2019-12-03 Item 6 - Exhibit A Revised Redline
EXHIBIT A TO RESOLUTION NO.
Ballot Question and Ordinance Re: Repeal and Replacement of Chula Vista
Municipal Code Chapter 2.59 to Preserve State Funding
for Chula Vista Infrastructure
Ballot Question
Shall the measure to preserve the City’s ability to receive state infrastructure funding for public works
projects by directing the City Council to replace Chapter 2.59 with policies and procedures that give the
City discretion to allow the use of project labor agreements for City public works in a manner consistent
with state laws and best practices, including provisions for taxpayer protections, transparency,
accountability, and compliance in the contracting process, be adopted?
Ordinance
The Ppeople of the City of Chula Vista do ordain as follows:
Section 1. Repeal. Existing Chapter 2.59 of the Chula Vista Municipal Code is hereby repealed and
replaced as provided in Section 2, below.
Section 2. Replacement. The City Council of the City of Chula Vista shall, within 180 days of the effective
date of this ordinance, adopt consider and take action upon local policies and procedures that allow
City’s use of project labor agreements (“PLAs”), and related provisions commonly associated with PLAs,
in public works contracting. The policies and procedures adopted acted upon pursuant to this section
(the “PLA Policies”) shall include (a) all of the taxpayer protection provisions required by California
Public Contract Code section 2500; (b) such other provisions as may be necessary to be consistent with
applicable state law; (c) provisions for transparency and , accountability and compliance in the
contracting process; and (d) such other provisions as may be approved by the City Council consistent
with state law and “best practices” as determined by the City Council.
Section 3. Application of State Law Pending Replacement. Until such time as the PLA Policies are adopted,
the City shall comply with the provisions of California Public Contract Code sections 2500, et seq.
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance and the application of such provision to other
persons or circumstances shall not be affected thereby. Such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or application, and
to this end the provisions of this Ordinance are severable. The People of the City of Chula Vista hereby
declare that they would have adopted this Ordinance irrespective of the invalidity of any particular portion
thereof and intend that the invalid portions should be severed and the balance of the Ordinance be
enforced.
Section 5. Certification. Upon approval by the voters, the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause it to be published according to law.