HomeMy WebLinkAboutOrd 2021-3500 DocuSign Envelope ID: D3EC97BE-60FF-4941-A1 A4-BFAD92OE56C5
ORDINANCE NO. 3500
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CGDE SECTION 2.56
(PURCHASING SYSTEM) TO AUTHORIZE THE PUBLIC
WORKS DIRECTOR OR CITY ENGINEER TO ACQUIRE
INTERESTS IN REAL PROPERTY IN FURTHERANCE OF
CAPITAL IMPROVEMENT PROJECTS
WHEREAS, on November, 4, 2014, Chula Vista voters approved modifications to City
Charter Sections 1009, 1010 and 1011 (Measure A) that delegated the authority to the City
Council to make procurement rules for awarding City public works contracts and other types of
City contracts; and
WHEREAS, the Charter amendments enabled future purchasinglimits/requirements to be
established by ordinance, allowing for the City to keep up with "best practices"; and
WHEREAS, the currently proposed amendments to the purchasing ordinance are
consistent with the Charter amendment and would enhance the efficiency and flexibility of the
City' s procurement practices while preserving appropriate checks and balances; and
WHEREAS, in order to maintain transparency, staff will submit to the City Council a list
of CIP projects and the associated public works contracts as part of the Finance Departments
Quarterly Fiscal Report; and
WHEREAS, staff recommends authorizing the Public Works Director or the City
Engineer to acquire interests in real property in furtherance of capital improvement projects
without the need to obtain City Council approval, subject to the limitations in the proposed
amendments.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 2 of the Chula Vista Municipal Code is amended to add section
2.56.135 as follows:
2.56.135 —Acquisition of real property interests.
A. CIP Projects. The Public Works Director, or City Engineer, shall have authority to
acquire interests in real property that are necessary for the construction, repair, operation,
or maintenance of City facilities without City Council approval, provided that: (a) a CIP
project has been established for the construction, repair, operation, or maintenance of
City facilities and funds have been appropriated to that CIP budget; (b) sufficient funds
are available in the approved CIP budget to acquire the real property interest(s) and the
use of such funds will not materially impact the City's ability to fully implement the CIP
project with the remaining funds; (c) the purchase pace for the real property interests
being acquired does not exceed $100,000 per parcel; and (d) the purchase pace for the
real property interests being acquired does not exceed one hundred twenty-five percent
DocuSign Envelope ID: D3EC97BE-60FF-4941-A1 A4-BFAD92OE56C5
Ordinance No. 3500
Page No. 2
(125%) of the appraised value of the interests to be acquired. Notwithstanding the
limitation in (d) above, the purchase price may exceed one hundred twenty-five percent
(125%) of the appraised value of the real property interests to be acquired where
subsections (a), (b), and (c) above have been satisfied and the purchase is approved by
the City Manager. This section does not apply to acquisitions of real property interests
by eminent domain.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: D3EC97BE-60FF-4941-A1 A4-BFAD92OE56C5
Ordinance No. 3500
Page No. 3
Presented by Approved as to form by
DocuSigned by: DocuSigned by:
05056EE1933347F... CF40650850444BF...
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of March 2021, by the following vote:
AYES: Councimembers: Cardenas, Gavez, McCann, Padilla, and Casias Saas
NAYS: Councimembers: None
ABSENT: Councimembers: None
DocuSigned by:
062DFD7C0386456...
Mary Casillas S a as, Mayor
ATTEST:
DocuSigned by:
m
3074D104EAF342F...
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO }
CITY OF CHULA VISTA }
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3500 had its first reading at a regular meeting held on the 16th day of March
2021, and its second reading and adoption at a regular meeting of said City Council held on the
23rd day of March 2021; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
DocuSigned by:
m
3/26/2021
3074D104EAF342F...
Dated Kerry K. Bigelow, MMC, City Clerk