HomeMy WebLinkAbout2009/09/01 Item 15
CITY COUNCIL
AGENDA STATEMENT
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September 1,2009
Item /5
ITEM TITLE:
CONSIDERATION OF MATTERS REGARDING AN
INITIATIVE PETITION ENTITLED, "FAIR AND OPEN
COMPETITION IN CONTRACTING ORDINANCE"
SUBMITTED BY:
Donna Norris, City Clerk Dn
SUMMARY
On July 13, 2009, the City Clerk accepted an initiative petition from the proponents of a
measure that seeks an amendment to the Chula Vista Municipal Code that would mandate
that the City or Redevelopment Agency not fund or contract for public works projects
where there is a requirement to use only union employees. The petition contained the
number of valid signatures sufficient to place the proposed measure on the ballot.
Elections Code Sections 9114 and 9211 require the City Clerk to certify the results of the
examination to the City Council. Further, Elections Code section 9215 requires the City
Council to take action on the initiative petition.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity of calling and giving notice of a General Municipal Election for electing
a Mayor, two members of the City Council, and a City Attorney is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change to the environment; further, that the activity of placing a measure for an
amendment to the Chula Vista Municipal Code on the ballot to be considered by the
electorate at that election is not a "Project" as defined under Section 15378(b)(3) of the
State CEQA Guidelines because it is the submittal of a proposal to a vote of the people
that is not City sponsored; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the actions proposed are not subject to CEQA.
RECOMMENDA nON
Adopt Resolutions (A) and (B) set forth below, and take action on item (C) as desired.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE CERTIFICATiON OF SUFFICIENCY OF SIGNATURES
FOR THE INITIATIVE PETITION ENTITLED, "FAIR AND OPEN
COMPETITION IN CONTRACTING ORDINANCE"
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September 1, 2009 Item I :;;-
Page 2 of 5
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRlATING NeCESSARY FUNDS FOR THE CERTIFICATION OF
SUFFICIENCY OF SIGNATURES BY THE COUNTY REGISTRAR OF
VOTERS ON THE INITIATIVE PETITION ENTITLED, "FAIR AND OPEN
COMPETITION IN CONTRACTING ORDINANCE" (4/5THS VOTE
REQUIRED)
C. CONSIDERATION OF ACTION ON AN INITIATIVE PETITION, AS
REQUIRED BY ELECTIONS CODE SECTION 9215, SPECIFIC ALL Y
TAKING ONE OF THE FOLLOWING ACTIONS:
(1) Adopt the following ordimmce:
Or:
(2)
A.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE CHULA VISTA MUNICIP.i\L CODE BY ADDING
CHAPTER 2.59, ENTITLED "FAIR AND OPEN
COMPETITION IN CONTRACTING," MANDATING THAT
THE CITY OR REDEVELOPMENT AGENCY NOT FUND OR
CONTRACT FOR PUBLIC WORKS PROJECTS WHERE
THERE IS A REQUIREMENT TO USE ONLY UNION
EMPLOYEES
Adopt the following resolutions, and consider whether a member
or members of the Council will submit an argument to the City
Clerk against the measure (Cal. Elec. Code S 9282):
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 8, 2010, FOR THE PURPOSE OF ELECTING
A MAYOR, TWO MEMBERS OF THE CITY COUNCIL; AND
A CITY ATTORNEY, AND PLACING AN INITIATIVE
MEASURE ENTITLED, "FAIR AND OPEN COMPETITION IN
CONTRACTING ORDINANCE" ON THE BALLOT TO BE
CONSIDERED BY THE ELECTORATE AT THAT ELECTION;
CONSOLIDATING THE ELECTION WITH THE STATEWIDE
ELECTION; At~D REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE
ELECTION
B.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRlATING NECESSARY FUNDS TO
PLACE THE INITIATIVE MEASURE ENTITLED, "FAIR AND
OPEN COMPETITION IN CONTRACTING ORDINAi'\!CE" ON
THE BALLOT AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, JUI".,fE 8, 2010 (4/5TH VOTEOREQUIRED)
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September 1, 2009 Item ,:::>
Page 3 of 5
Or:
(3) Refer the initiative measure to any City agency or agencies for a report
pursuant to Elections Code section 9212, to be returned to Council within
30 days, on any or all of the following:
1. Its fiscal impact.
2. Its effect on the internal consistency of the City's general and
specific plans, including the housing element, the consistency
between planning and zoning, and the limitations on City actions
under Section 65008 of the Government Code and Chapters 4.2
(commencing with Section 65913) and 4.3 (commencing with
Section 69515) of Division 1 of Title 7 of the Government Code.
3. Its effect on the use of land, the impact on the availability and
location of housing, and the ability of the City to meet its regional
housing needs.
4. Its impact on funding for infrastructure of all types, including, but
not limited to, transportation, schools, parks, and open space. The
report may also discuss whether the measure would be likely to
result in increased infrastructure costs or savings, including the
costs of infrastructure maintenance, to current residents and
businesses.
5. Its impact on the community's ability to attract and retain business
and employment.
6. Its impact on the uses of vacant parcels ofland.
7. Its impact on agricultural lands, open space, traffic congestion,
existing business districts, and developed areas designated for
revitalization.
8. Any other matters the legislative body requests to be in the report.
If Option C(3) is chosen, at the time the report is presented to the Council, it shall either
adopt the ordinance within ten days or order an election submitting the ordinance to the
voters at the next regular municipal election - June 8, 2010.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
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September 1, 2009 Item J S
Page 4 ofj
DISCUSSION
An initiative petition entitled, "Fair and Open Competition in Contracting Ordinance"
(Exhibit A to the resolution accepting certification) was accepted for filing by the City
Clerk on July 13,2009. The petition was forwarded to the San Diego County Registrar
of Voters, and the petition signatures were validated up to the required number of 10,399
signatures (ten percent of the voters of the City, in accordance with Elections Code
Section 92 I 5). A copy of the certification by the Registrar of Voters (Exhibit A to the
resolution accepting certification) was received August 12, 2009, and the proponents of
the initiative were notified.
Elections Code section I 405(b) requires the Council, if it chooses to submit the ordinance
without alteration to the voters, to do so "at the jurisdiction's next regular election
occurring not less than 88 days after the date of the order of election." ChuIa Vista's next
regular election is set by Chula Vista Charter section 900, which provides that the
General Municipal Elections shall be held in the City of Chula Vista on the same date in
each election year as the California State primary elections, which is June 8, 2010.
Once the resolution accepting the certification is adopted, the Council. must take one of
the following actions, set forth in Elections Code section 9215: Adopt the ordinance,
without alteration, at the regular meeting at which the certification of the petition is
presented, or within 10 days after it is presented; or submit the ordinance, without
alteration, to the voters at the next regular municipal election; or order a report pursuant
to Elections Code Section 9212 (as outlined above) at the regular meeting at which the
certification of the petition is presented. The report must be returned within 30 days; and
at that time, the Council must either adopt the ordinance within ten days or order an
election to be held at the next regular municipal election - June 8, 2010.
Pursuant to Elections Code Sections 9282 and 9283, if the Council chooses to submit this
measure to the voters, the proponents may file a written argument in favor of the
measure, and the legislative body may submit an argument against it. Arguments may
not exceed 300 words in length. Arguments must be accompanied by the printed name(s)
and signature(s) of the author(s), or if submitted on behalfofan organization, the name of
the organization and the printed name and signature of at least one of its principal officers
who is the author of the argument. No more than five signatures may appear with any
argument submitted. Arguments in favor or against this measure will be due to the City
Clerk by March 24, 2010.
Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments,
rebuttal arguments will be allowed in accordance with Elections Code section 9285.
Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will
be April 2, 2010 in the City Clerk's office.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and, consequently, the 500-foot rule found in California Code of
Regulations Section 18704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
The City Clerk has budgeted $280,000 for the June 8, 2010 election. It is anticipated that
this will be sufficient to cover the cost for the election of a Mayor, two Councilmembers,
and a City Attorney.
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September 1, 2009 [tem~
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The cost to verify the signatures on the petition is estimated to be $21,000. The cost to
place a measure on the June 8, 20 I 0 ballot is estimated to be $93,000. It is therefore
requested that $21,000 be appropriated to the City Clerk's Election Supplies and Services
budget; and if the resolution calling the election and placing the proposed measure on the
June 8, 2010 ballot is adopted, it is requested that an additional appropriation of $93,000
be made to the City Clerk's Election Supplies and Services budget. There are no ongoing
costs associated with certifying the sufficiency of a petition, calling the election, or
placing the proposed measure on the ballot.
ATTACII1\1ENTS
Resolution accepting certification of sufficiency of signatures for the initiative petition,
and Exhibit "A" thereto (certification and proposed initiative measure)
Resolution appropriating funds for the certification of sufficiency of signatures
Ordinance Amending the Chula Vista Municipal Code to add Chapter 2.59, Mandating
that the City or Redevelopment Agency Not Fund or Contract for Public Works Projects
Where There is a Requirement to Use Only Union Employees
Resolution calling and giving notice of the June 8, 2010 General Municipal Election, and
placing the initiative measure on that ballot
Resolution appropriating funds for placement of the initiative measure on the June 8,
20 1 0 ballot.
Prepared by: Donna Norris, City Clerk
15-5
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE
CERTIFICATION OF SUFFICIENCY Of SIGNATURES
FOR THE INITIATIVE PETITION ENTITLED, "FAIR
AND OPEN COMPETITION IN CONTRACTING
ORDINANCE"
WHEREAS, an initiative petJtJon entitled, "fair and Open Competition in
Contracting Ordinance" was accepted for filing by the City Clerk on July 13, 2009; and
WHEREAS, pursuant to California Elections Code Section 9215, the required
number of signatures was 10,399, which was ten percent of the 103,985 voters in the City
of Chula Vista as officially reported by the County Registrar of Voters to the Secretary of
State on March 23, 2009; and
\VHEREAS, the City of Chula Vista received a certificate from the County of San
Diego Registrar of Voters, attached to the proposed initiative measure presented herewith
as Exhibit "A" hereto, certifying the results of the Registrar's examination of the number
of signatures and verification of the signatures affixed ~to the petition.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Chula Vista does hereby accept the certification of sufficiency of an initiative petition
entitled, "Fair and Open Competition in Contracting Ordinance."
Presented by:
Approved as to form by:
Donna R. Norris
City Clerk
15-6
EXHIBIT A
DEBORAH SEILER
~egistrar of Voters
QLountll of ~an ~i2BD
REGISTRAR OF VOTERS
52qi Ruffin Road, Suite!, San Die!;o, California 92123-1693
Office:
Fax:
TOO:
Tall Free:
(858) 56S-5800
(858) 694-29S5
(858) 694-3441
(8CO) 696-0136
MICHAEL VU
Assistant Registrar
August 12,2009
Donna Norris, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910-2631
Re: An Initiative to Amend the Chula Vista Municipal Code adding Chapter 2.59, entitled
"Fair and Open Competition in Contracting," mandating that the City or Redevelopment
Agency not fund or contract for pubhc works projects wnere there is a requirement to use
only union employees.
As directed by your office, the Registrar of Voters conducted a verification of up to 10,399 vahd
signatures from the total of 15,910 signatures submitted. Results of the verification process are as
follows:
e Date petition was received in OUT office ........... ..............u........July 13, 2009
. Number of sections submitted.................................................................1,030.
. Number of signatures submitted ............................... .......... 15,910
<I Number of signatures verified............................................................... 14,181
lit Number of signatures found NOT sufficient ................ ..........__...... ......3,782
(includes 1,254 duplicates)
3 Number of signatures found sufficient......... ........................................ 10,399
If you need further assistance please call Rosemarie Ganzon at (858) 694-3443.
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15-7
Initiative Measure to be Submitted Directly to the Voters
The city attorney has prepared the following title and summary of the chief purpose and points of the proposed
measure:
Title: An initiative to amend the Chula Vista 1VIunicipal Code adding Chapter 2.59, entitled
"Fair and Open Competition in Contracting," mandating that the City or Redevelopment
Agency not fund or contract for public works projects where there is a requirement to use
only union employees.
Summary: This measure proposes to amend by ordinance the Chula Vista lVIunicipal Code to add a chapter re-
garding contracting on public works projects. The stated purpose and intent of the measure is to establish crite-
ria that will ensure that there is fair and open competition for public works projects funded in whole or in part
with public funds; to aid in lowering the cost of public works projects; and to ensure that all workers, both union
and non-union, have a fair and equal opportunity to work on public works projects.
The measure involves contracts for construction, maintenance, repair, improvement or replacement of public
works projects, defined as all construction projects paid for, in whole or in part, by funds of the City or Redevel-
opment Agency, including, but not limited to, any building, road, street, park, playground, water system, irriga-
tion system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public
facility. "Contracting party" is defined as an owner, developer, contractor, subcontractor, or material supplier,
involved in a public works project.
The measure would prohibit the City or Redevelopment Agency from mandating that a .contracting party enter
into an agrecment with a labor organization as a condition of award of the contract, or from funding such a con-
tract.The proposal would add language to the Municipal Code, stating that the City shall not fund, in whole or in
part, or entcr into, any contract, or impose a bid specification, contract prerequisite, or contract term, that
would require a contracting party involved in a public works project to (1) execute, comply with or become a
party to an agreement with a labor organization, (2) become a signatory to a collective bargaining agreement, (3)
be required to make payments on behalf of employees to union benefit plans or other trust funds, (4) require its
employees to be represented by a labor organization, or (5) encourage or discourage employees of a contracting
party to have representation by a labor organization.
The measure would not prohibit private parties from entering into individual collective bargaining relationships
or engaging in la-wful union activities. Violations of the ordinance could be remedied through an application for
injunctive relief in Superior Court filed by a citizen resident or taxpaying corporation. The measure provides
that if approved by voters, it may be amended or repealed only by a maj~rity vote of the voters of the City.
The City Attorney has prepared the above pursuant to Elections Code section 9203j the summary does not re-
flect any legal analysis or opinion of the City Attorney concerning the proposed measure.
PROPOSITION FOR
FAIR AJ"1> OPEN COMPETITION ORDINA1'ICE
The people of the City of Chula Vista hereby declare and ordain as follows:
SECTION 1. Statement of the People's Intent
(a)The People of the City of Chula Vista ("the People") desire fair and open competition for public works projects
that are paid for, in whole or in part, with the funds of the City of Chula Vista or its Redevelopment Agency.
(b )The People believe fair and open competition enables government to expand the pool of gualified candidates to
perform work and, in mrn, to save public funds by lowering the cost of public works projects. The people likewise
seek to remove limits or tmpediQents to the consideration of qualified parties to work on public projects.
(c)The People believe fair and open competition creates more local jobs and improves Chula Vista's economy, and
provides equal opportunity for all workers, both union and non-union.
(d) The People believe public money should be spent only on public works projects that allow fair and open competi-
tion.
(e)The People intend the following Proposition to a:nend the Municipal Code ofllie City ofChula Vista, as follows:
SECTION 2. Chula Vista lVlunicioal Code. Title 2. "Administration and Personnel" is amended bv addin2:
Chanter 2.59. to read as follows:
Chapter 2.59
Fair and Open Competition in Contracting
1.59.010 Purpose and Intent. The purpose and intent of this chapter is to establish criteria that will ensure:fair and open compe-
tition for public works projects :funded in whole or in parr with public fimds; to aid in lowering the cost of public works projects;
and to ensure that all workers, both union and non-union. have a fair and equal opportunity to work on public works projects.
15-8
2.59.020 Definitions For purposes of this Chapter, the following definitions shall apply:
"Acf' shallm= the National Labor Relations Act, Title 29 USC 99 151-169.
"City" shall mean and include both the City ofCbu1a Vista and the Redevelopment Agency of the City ofCbu1a Vista.
"Contracting party" shall mean and include an owner, developer, contractor, subcontractor or material supplier, involved in a
public works project
"Labor organization" shall bave the same mearrirtg ascnbed to it in Section 2 of the Act (29 USC 9152)
"Public works projecf' shall mean and include all consnuction projects paid for, in whole or in par', by the funds of the City or the
Redevelopment Agency, including but not limited to any building, road, street, park, playground, water system, irrigation system,
sewer, storm water conveyance system, reclamation project, redevelopment project, or other public facility.
2.59.030 Requirements for Fair and Open Competition in Contractiillg
In contracting for the construction, maintenance, repair, improvement or replacement of public works projects:
(a) The City shall not fund, in whole or in part, or enter into, any contract which contains a requirement that a contracting party:
(1) execute, comply with, or become a party to an agreement between a Labor organization, on the one hand, and the
City, the Contracting Party, or any third party on the other,
(2) become a signatory to a collective bargaining agreement;
(3) he required to make payments on behalf of employees to union benefit plans or other trust funds;
(4) require its employees to be represented by a Labor organization; or
(5) encourage or discourage employees of a contracting party to have representation by a Labor organization.
(b) The City shall not impose, as a bid specification, contract.prerequisite, contract term or otherwise, any requirement prohibited
by subsection (a) of this Section.
(c) Nothing in this Section shall be consnued as probJbiting private parties covered by this provision fiom entering into individual
collective bargaining relationships, or otherwise as regulating or interfering 'Nith activity protected by applicable law, including bu
not limited to the Act
(d) Any person aggrieved or injured in any way by a violation of this Section shall be entitled to injunctive relief in the Superior
Court of the State of California, County of San Diego, including by way of an action filed pursuant to California Code of Civil
Procedure section 526a
SECTION 3. Effective Date
To the extentperrnitted by law, the provisions of this Chapter 2.59 shall become effective 10 days after the vote is declared by the
Chula Vista City Council, as provided by California Elections Code 9 9217. Contracts awm:rled before this effective date and
subcontracts awarded pursuant to such contracts, whenever awarded, shall not be governed by this ordinance.
SECTION 4. Amendment; Repeal
This ordinance may be amended or repealed only by a majority vote of the voters of the City of Cbula Vista..
SECTION 5. Severability
If any Section oftbis Proposition, or any provision contained in this Proposition, is held by a court oflaw to be invalid, or is super-
seded by a numerically superior vote as provided in Section 6 of this measure, the remaining Sections and provisions of this
Proposition shall not be affected but shall remain in :full force and effect, and to that end the provisions of this Proposition are
severable.
SECTION 6. Conflicting Measures
If any other measure, appearing on the same ballot as this measure, addresses the same subject matter in a way that conflicts with
the treatment of the subject matter in this Proposition, and ifeach measure is approved by a majority vote of those voting on each
measure, then as to the conflicting subject matter the measure with the highest affirmative vote shall prevail, and the measure with
the lowest affirmative vote shall be deemed disapproved as to the conflicting subject matter.
March 13, 2009
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of their
intention to circulate the petition within the City of Chula Vista for the purpose
of amending toe Cbu1. Vista Municipal Code to add the Fair and Open
Competition Ordinance. A statement of the reasons of the proposed action as
contemplated in the petition is as follows: In our opinion, the Fair and Open
Competition Ordinance will encourage the maximum number of responsible
and capable bidders for taxpayer-funded construction, thus ensuring fiscal
responsibility for the city. In OUI opinion, fair and open competition in Chula Vista
will create more job opportunities for local workers, decrease costs for taxpayers
through increased efficiency, and e lish equality in contracting.
~ 9sf~ 2--fiu
Lori Kneebone Larry Breitfelder
Paid for by Chula yista Citizens for Jobs and Fair Competition, major funding by Associated Builders & Contractors PAC and Associated General
Contractors PAC to promote fair competition (# 1303759) PMB 332 - 374 East H Street, Suite A Chula Vista, CA 91910. Printing this petition section in
this formal, inducing but not limited to printing !he name and signature of a proponent, does not waive the right of any proponent or any other Fair and Open
Competition Initiative supporter to challenge the legality of this1fC6nat gr this petition or for arlj! other related past, present, or future petition.
Initiative .Measure to be Submitted Directly to the Voters
The city attorney has prepared the following title and summary of the chief purpose and points of the proposed
measure:
Title: An initiative to amend the Chula Vista Municipal Code a~ding Chapter 2.59, entitled
"Fair and Open Competition in Contracting," mandating that the City or Redevelopment
Agency not fund or contract for public works projects where there is a requirement to use
only union employees.
Summary: This measure proposes to amend by ordinance the ChuJa Vista 1VlunicipaI Code to add a chapter re-
garding contracting on public works projects. The stated purpose and intent of the measure is to establish crite-
ria that will ensure that there is fair and open competition for public works projects funded in whole or in part
with public funds; to aid in lowering the cost of public works projects; and to ensure that all workers, both union
and non-union, have a fair and equal opportunity to work on public works projects.
The measure involves contracts for construction, maintenance, repair, improvement or replacement of public
works projects, defined as all construction projects paid for, in whole or in part, by funds of the City or Redevel-
opment Agency, including, but not limited to, any building, road, street, park, playground, water system, irriga-
tion system, sewer, storm water conveyance. system, reclamation project, redevelopment project, or other public
facility. "Contracting party" is defined as an owner, developer, contractor, subcontractor, or material supplier,
involved in a public works project.
The measure would prohibit the City or Redevelopment Agency from mandating that a contracting party enter
into an agreement with a labor organization as a condition of award of the contract, or from funding such a con-
tract.The proposal would add language to the Municipal Code, stating that the City shall not fund, in whole or in
part, or enter into, any contract, or impose a bid specification, contract prerequisite, or contract term, that
would require a contracting party'involved in a public works project to (1) execute, comply with or bccome a
party to an agreement with a labor organization, (2) become a signatory to a collective bargaining agreement, (3)
be required to make payments on behalf of employees to union benefit 'plans or other trust funds, (4) require its
employees to be represented by a labor organization, or (5) encourage or discourage employees of a contracting
party to have representation by a labor organization.
The measure would not prohibit private parties from entering into individual collective bargaining relationships
or engaging in lawful union activities. Violations of the ordinance could be remedied through an application for
injunctive relief in Superior Court filed by a citizen resident or taxpaying corporation. The measure provides
that if approved by voters, it may be amended or repealed only by a majority vo~e of the votcrs of the City.
The City Attorney bas prepared the above pursuant to Elections Code section 9203; the summary does not re-
flect any legal analysis or opinion of the City Attorney concerning the proposed measure.
VOTER: NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID
Please sign SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
petition 1 time This column far
ONLY. All signers of this petition must be registered to vote in the City ofChula Vista. Clerk's Use Only
Reg~:tion OJ SIGNATURE RESIDENCE
AsR.gi"l=dToVor~: Addr= ONLY:
PRINT CitylZ:p:
YOllrName:
Reg~:tioo[l] SIGNATURE RESlDBo/CE
A"R::g;.t.r~dTo Vote: Address ONLY:
PRINT City/Zip;
YourN=:
Reg~:uoo[]] 51GNATURE RESIDENCE
As R.gisll:."'!:dTo VOle: Address ONLY:
?R!NT C:tylZp:
Your Name:
R~jS:tiool}] 51GNATURE R.ESIDENCE
As Re~!l:r~d To Vall:: Addr= ONLY:
'R!NT CitylZip:
YaurNam.:
1 5-1 0
Initiative Measure to be Submitted Directly to the Voters
~he city attorney has prepared the following title and summary of the chief purpose and points of the proposed
measure:
Title: An initiative to amend the Chula Vista Municipal Code adding Chapter 2.59, entitled
"Fair and Open Competition in Contracting," mandating that the City or Redevelopment
Agency not fund or contract for public works projects where there is a requirement to use
only union employees.
Summary: This measure proposes to a~end by ordinance the Chula Vista Municipal Code to add a chapter re-
garding contracting on public works projects. The stated purpose and intent of the measure is to establish crite-
ria that will ensure that there is fair and open competition for public works projects funded in whole or in part
with public funds; to aid in lowering the cost of public works projects; and to ensure that all workers, both union
and non-union, have a fair and equal opportunity to work on public works projects.
The measure involves contracts for construction, maintenance, repair, improvement or replacement of public
works projects, defined as all construction projects paid for, in whole or in part, by funds of the City or Redevel-
opment Agency, including, but not limited to, any building, road, street, park, playground, water system, irriga-
tion system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public
facility. "Contracting party" is defined as an owner, developer, contractor, subcontractor, or material supplier,
involved in a public works project.
The measure would prohibit the City or Redevelopment Agency from mandating that a contracting party enter
into an agreement with a labor organization as a condition of award of the contract, or from funding such a con-
tract.The proposal would add language to the Municipal Code, stating that the City shall not fund, in whole or in
part, or enter into, any contract, or impose a bid specification, contract prerequisite, or contract term, that
would require a contracting party involved in a public works project to (1) execute, comply with or become a
party to an agreement with a labor organization, (2) become a signatory to a collective bargaining agreement, (3)
be required to make payments on behalf of employees to union benefit plans or other trust funds, (4) require its
employees to be represented by a labor organization, or (5) encourage or discourage employees of a contracting
party to have representation by a labor organization.
The measure would not prohibit private parties from entering into individual coUective bargaining relationships
or engaging in lawful union activities. Violations of the ordinance could be remedied through an applicatiou for
injunctive relief in Superior Court filed by a citizen resident or taxpaying corporation. The measure provides
that if approved by voters, it may be amended or repealed only by a majority vote of the voters ofthe City.
The City Attorney has prepared the above pursuant to Elections Code section 9203j the summary does not re-
flect any legal analysis or opinion of the City Attorney concerning the proposed measure.
VOTER:
Please sign
petition 1 time
ONLY.
NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID I
SIGNATURE. GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. I
All signers of this petition ill ust be registered to vote in the City of Chula Vista.
This columnror I
Clerk's Use Only I
New OJ SlGNATURE RESIDENCE
RegIstration J A"Regi"~cdToVoIli: AddrcuONLY,
PRINT Cily/Zip:
YOUf!'lamc:
Reg~s~tion[]] SIGNATURE RESIDENCE
A.R.l:llistercdToVo~: Adc=s ONLY:
PRINT City/Zip:
Your Name:
New _ OJ SIGNATURE RESlDENCE
Registration As Registered To Yore: Addles. ONLY;
PRJNT City/Zip:
Your Name:
Re9%~atlon[]] SIGNATURE RESIDEl'ICE
A3.R.sist=dToVoto: Address ONLY:
PRlNT CitylZip:
Your Name:
1 5-1 1
Initiative J\'Ieasure to be Submitted Directly to the Voters
The city attorney has prepared the following title and summary of the chief purpose'and points of the proposed
measure:
Title: An initiative to amend the Chula Vista lVlunicipal Code adding Chapter 2.59, entitled
"Fair and Open Competition in Contracting," mandating that the City or Redevelopment
Agency not fund or contract for public works projects where there is a requireme~t to use
only union employees.
Summary: This measure proposes to amend by ordinance the Chula Vista lVIunicipal Code to add a chapter re-.
garding contracting on public works projects. The stated purpose and intent of the measure is to establish crite-
ria that will ensure that there is fair and open competition for public works projects funded in whole or in part
with public funds; to aid in lowering the cost of public works projects; and to ensure that all workers, both union
and non-union, have a fair and equal opportunity to work on public works projects.
The measure involves contracts for construction, maintenance, repair, improvement or replacement of public
works projects, dermed as all construction projects paid for, in whole or in part, by funds of the City or Redevel-
opment Agency, including, but not limited to, any building, road, street, park, playground, water system, irriga-
. tion system, sewer, storm water conveyance system, reclamation project, redevelopment p.foject, or other public
facility. "Contncting party" is defined as an owner, developer, contractor, subcontractor, or material supplier,
involved in a public works project.
The measure would prohibit the City or Redevelopment Agency from mandating that a contracting party enter
into an agreement with a labor organization as a condition of award of the contract, or from funding such a con-
tract.The proposal would add language to the .iVlunicipal Code, stating that the City shall not fund, in whole or in
part, or enter into, any contract, or impose a bid specification, contract prerequisite, or contract term, that
would require a contracting party involved in a public works project to (1) execute, comply with or become a
party to an agreement with a labor organization, (2) become a signatory to a collective bargaining agreement, (3)
be required to make payments on behalf of employees to union benefit plans or othe~ trust funds, (4) require its
employees to be represented by a labor organization, or (5) encourage or discourage employees of a contracting
party to have representation by a labor organization.
The measure would not prohibit private parties from entering into individual collective bargaining relationships
or engaging in lawful union activities. Violations of the ordinance could be remedied through an application for
injunctive relief in Superior Court filed by a citizen resident or taxpaying corporation. The measure provides
that if approved by voters, it may be amended or repealed only by a majority vote of the voters of the City:
The City Attorney has prepared the above pursuant to Elections Code section 9203; the summary does not re-
flect any legal analysis or opinion of the City Attorney concerning the proposed measure.
VOTER:
Please sign
petition.1 time
ONLY.
NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID I
SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. I
All signers of this petition must be registered to vote in the City ofChula Vista.
This column for I
Clerk's Use Only I
Ne..v, [2J SIGNATURE RESIDENCE
RegistnlUan AsRegi!lcrodTaVolc: Addr=; ONLY,
PRINT CiryfZip:
YourNamo::
Reg~s:tion [g SIGNATURE RESIDENCE
As Regi.lcrcdTo Vote, Addrc:ss ONLY;
PRINT CirylZlp:
Your NalDC:
Reg~:tiOn [] SIGNATURE RESIDENCE
Al Registucd To VOle Addre... ONLY:
PRL""F. CitylZip;
Your Namc:
New 11] SIGNATURE RESIDENCE
Registration - AsRegisl""edToVoI.:. Addrcss ONLY,
PRlN"r CIty/Zip:
Your Name:
1 5-1 2
Initiative Measure to be Submitted Directly to the Voters
The city attorney has prepared the following title and summary of the chief purpose and points of the proposed
measure:
Title: An initiative to amend the Chula Vista .Municipal Code adding Chapter 2.59, entitled
"Fair and Open Competition in Contracting," mandating that the City or Redevelopment
Agency not fund or contract for public works projects where there is a requirement to use
only union employees.
Summary: This measure proposes to amend by ordinance the Chula Vista Municipal Code to add a chapter re-
garding contracting on public works projects. The stated purpose and intent of the measure is to establish crite-
ria that will ensure that there is fair and open competition for public works projects funded in whole or in part
with public funds; to aid in lowering the cost of public works projects; and to ensure that all workers, both union
and non-union, have a fair and equal opportunity to work on public works projects.
The measure involves contracts for construction, maintenance, repair, improvement or replacement of public
works projects, dermed as all construction projects paid for, in whole or in part, by funds of the City or Redevel-
opment Agency, including, but not limited to, any building, road, street, park, playground, water system, irriga-
tion system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public
facility. "Contracting party" is defined as an owner, developer, contractor, subcontractor, or material supplier,
involved in a public works project.
The measure would prohibit the City or Redevelopment Agency from mandating that a contracting party enter
into an agreement with a labor organization as a condition of award of the contract, or from funding such a con-
tract.The proposal would add language to the Municipal Code, stating that the City shall not fund, in whole or in
part, or enter into, any contract, or impose a bid specification, contract prerequisite, or contract term, that
would require a contracting party involved in a public works project to (1) execute, comply with or become a
party to an agreement with a labor organization, (2) become a signatory to a coUective bargaining agreement, (3)
be required to make payments on behalf of employees to union benefit plans or other trust funds, (4) require its
employees to be represented by a labor organization, or (5) encourage or discourage employees of a contracting
party to have representation by a labor organization.
The measure would not prohibit private parties from entering into individual collective bargaining relationships
or engaging in lawful union activities. Violations of the ordinance could be remedied through an application for
injunctive relief in Superior Court fIled by a citizen resident or taxpaying corporation. The measure provides
that if approved by voters, it may be amended or repealed only by a majority vote of the voters of the City.
The City Attorney has prepared the above pursuant to Elections Code section 9203; the summary does not re-
flect any legal analysis or opinion of the City Attorney concerning the proposed measure.
VOTER:
Please sign
petition 1 time
ONLY.
NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAwl
SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
All signers oUhis petition must be registered to vote in the City ofChula Vista.
This column for I
Clerk's Use Only I
NEM !Ul SIGNAltJRE RESIDENCE
RegTslratlon J AI R~gi.ler~d To Vole; AddressQNLY;
PRINT CiLylZip:
YourNam~:
Reg~t1(m[1]" SIGNATURE RESIDE."iCE
A3R.eglS~dToVoll:: Addn:Si1 ONLY:
PRINT CltyfZip:
YourNalIl~;
Rag~:tJanl!2J SlGNATURE RESIDENCE
As.Ro:g;,teredTo Velll: Addr= ONLY:
PRINT CitylZip:
YourNam~;
Reg~:tianIT]] SIGNATURE RESIDENCE
As R~g:i:lt~r<:d To Ve\<:; Addn:SilONLY;
PlUNT CityfZ;p;
YeUTNQm~;
15-1 3
Initiative :Measure to be Submitted Directly to the Voters
The city attorney has prepared the following title and summary of the chief purpose and points of the proposed
measure:
Title: An initiative to amend the Chub Vista IHunicipal Code adding Chapter 2.59, entitled
"Fair and Open Competition in Contracting," mandating that the City or Redevelopment
Agency not fund or contract for public works projects where there is a requirement to use
only union employees.
Summary: This measure proposes to amend by ordinance the Chula Vista Municipal Code to add a chapter re-
garding contracting on public works projects. The stated purpose and intent of the measure is to establish crite-
ria that will ensure that there is fair and open competition for public works projects funded in whole or in part
with public funds; to aid in lowering the cost of public works projects; and to ensure that all workers, both. union
and non-union, have a fair and equal opportunity to work on public works projects.
The measure involves contracts for construction, maintenance, repair, improvement or replacement of public
works projects, defined as all construction projects paid for, in whole or in part, by funds of the City or Redevel-
opment Agency, including, but not limited to, any building, road, street, park, playground, water system, irriga-
tion system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public
facility. "Contracting party" is defined as an owner, developer, contractor, subcontractor, or material supplier,
involved in a public works project.
The measure would prohibit the City or Redevelopment Agency from mandating that a contracting party enter
into an agreement with a labor organization as a condition of award of the contract, or from funding such a con-
tract.The proposal would add language to the "Municipal Code, stating that the City shall not fund, in whole or in
part, or enter into, any contract, or impose a bid specification, contract prerequisite, or contract term, that
would require a contracting party involved in a public works project to (1) execute, comply with or become a
party to an agreement with a labor organization; (2) become a signatory to a collective bargaining agreement, (3)
be required to make payments on behalI of employees to union benefit plans or other trust funds, (4) require its
employees to be represented by a labor organization, or (5) encourage or discourage employees of a contracting
party to have repr,esentation by a labor organization.
The measure would not prohibit private parties from entering into individual collective bargaining relationships
or engaging in lawful union activities. Violations of the ordinance could be remedied through an application for
injunctive relief in Superior Court filed by a citizen resident or taxpaying corporation. The measure provides
that if approved by voters, it may be amended or repealed only by a majority vote of the voters of the City.
The City Attorney has prepared the above pursuant to Elections Code section 9203; the summary does not re-
flect any legal analysis or opinion of the City Attorney concerning the proposed measure.
YOTER:
Please sign
petition 1 time
ONLY.
NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID I
SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
All signers of this petition must be registered to vote in the City ofChula Vista.
This column for I
Clerk's Use Only I
Reg~:~Qn[2] SIGNA>"URE RESIDENCE
A.Reg;'leredTo Ville; Ad<!r= ONLY:
PRINT CilyiZip:
Your Name:
Reg~:tlonIT]] SIGNATURE RESIDENCE
A'Regi.teredToVo!l:: Ad<!r= ONLY:
PRINT CitylZip:
Your:-.iame:
Reg~~~tion[2j SIGNATURE RESIDENCE
AsReg;steredToVolo: Addre",ONLY:
PRINT City/ZIp:
Your Name:
New @I SIGNATUR~ RESIOE..".CE I
Registration A. Rogi.sterodTo Voto; Address ONLY:
PRrN"r CitylZip: I
YourNa:mo:
1 5-14
Initiative LVleasure to be Submitted Directly to the Voters
The city attorney has prepared the following title and summary of the chief purpose and points of the proposed
measure:
Title: An initiative to amend the Chula Vista Municipal Code adding Chapter 2.59, entitled
"Fair and Open Competition in Contracting," mandating that the City or Redevelopment
Agency not fund or contract for public works projects where there is a requirement to use
only union employees.
I
I
,I
Summary: This measure proposes to amend by ordinance the Chula Vista Municipal Code to add a chapter re-
garding con~acting on public works projects. The stated purpose and intent of the measure is to establish crite-
ria that will ensure that there is fair and open competition for pubJic works projects funded in whole or in part
with public funds; to aid in lowering the cost of public works projects; and to ensure that all workers, both union
and non-union, have a fair and equal opportunity to work on public works projects.
The measure involves contracts for construction, maintenance, repair, improvement or replacement of public
works projects, defined as all construction projects paid for, in whole or in part, by funds of the City or Redevel-
opment Agency, including, but not limited to, any building, road, street, park, playground, water system, irriga-
tion system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public
facility. "Contracting party" is dermed as an owner, developer, contractor, subcontractor, or material supplier,
involved in a public works project.
The measure would prohibit the City or Redevelopment Agency from mandating that a contracting party enter
into an agreement with a labor organization as a condition of award of the contract, or from funding such a con-
tract.The proposal would add language to the Municipal Code, stating that the City shall not fund, in whole or in
part, or enter into, any contract, or impose a bid specification, contract prerequisite, or contract term, that
would require a contracting. party involved in a public works project to (1) execute, comply with or become a
party to an agreement with a labor organization, (2) become a signatory to a collective bargaining agreement, (3)
be required to make payments on behalf of employees to union benefit plans or other trust funds, (4) require its
employees to be represented by a lahar organization, or (5) encourage or discourage employees of a contracting
party to bave representation by a labor organization.
The measure would not prohibit private parties from entering into individual collective bargaining relationships
or engaging in lawful union activities. Violations of the ordinance could be remedied through an application for
injunctive relief in Superior Court filed by a citizen resident or taxpaying corporation. The measure provides
that if approved by voters, it may be amended or repealed only by a m'ajority vote of the voters of the City.
The City Attorney has prepared the above pursuant to Elections Code section 9203; the summary does not re-
flect any legal analysis or opinion of the City Attorney concerning the proposed measure.
VOTER: NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID
Please sign SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
petition 1 time All signers of this petition must be registered to vote in the City ofChula Vista. This column for
ONLY. Clerk's Use Only
Reg~~:1I0n [1] SIGNATURE RESIDENCE
M R~gism~d To Vtlll:: Address ONLY:
,,<NT City/Zip,
YourNo.me:
DECLARATIONOFClRCULATOR
(To be handwritten by the circulator after above signatures have been obtained)
L , am registered to vote or I am eligible to register to vote in the State of California.
(P"",""",.)
1 reside at the following address:
{AddJ=City.S"....Z,p)
T circulated this section of the petition and witnessed each of the appended signatures being written. Each signature
on this petition section is, to the best of my information and belief, the genuine signature of the person whose name it
purports to be. All signatures on this document were obtained between the dates of
and (Mo"lh.. D."v....)
Vd",,'o.>./wJ,t..,-)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Signed this _day of , at , California SIGNATURE:
---t-5"=-t-S-- tSi~ Full NlIlDe first NltI!le, Mlddl~ N:un. or lnitia~ Lasl Namo:}
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING NECESSARY FUNDS FOR
THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES BY
THE COUNTY REGISTRAR OF VOTERS ON THE IN1TIATIVE
PETITION ENTITLED, "FAIR AND OPEN COMPETITION IN
CONTRACTING ORDINAL 'ICE"
WHEREAS, the City Council has adopted or is anticipated to adopt a separate resolution
accepting the certification of sufficiency of signatures for an initiative petition entitled, "fair and
Open Competition in Contracting Ordinance;" and
WHEREAS, pursuant to Elections Code sections 9211 and 9114, the elections official is
required to examine the signatures on a petition and determine whether or not the petition is signed
by the requisite number of voters; and
WHEREAS, the Registrar of Voters performed the examination of signatures; and
WHEREAS, the cost for the Registrar of Voters to verifY the signatures for this initiative
petition is estimated to be $21,000.
NOW, THEREFORE, BE IT RESOLVED THAT the amount of Twenty-one Thousand
Dollars ($21,000.00) is hereby authorized to be appropriated to the City Clerk's Election Supplies
and Services budget for payment to the Registrar of Voters for the costs to verify the signatures on
the initiative petition, and the City Clerk is hereby authorized to disburse payment for such costs.
Presented by:
Approved as to form by:
Donna R. Norris
City Clerk
15-16
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA .AMENDING
THE CHULA VISTA MUNICIPAL CODE TO ADD CHAPTER
2.59, ENTITLED "FAIR AND OPEN COMPETITION IN
CONTRACTING," MAt'lDA TING THAT THE CITY OR
REDEVELOPMENT AGENCY NOT FUND OR CONTRACT
FOR PUBLIC WORKS PROJECTS WHERE THERE IS A
REQUIREMENT TO USE ONLY UNION EMPLOYEES
WHEREAS, an initiative petition entitled, "Fair and Open Competition in Contracting
Ordinance" was accepted for filing by the City Clerk on July 13,2009; and
WHEREAS, the County of San Diego Registrar of Voters examined the petition and
certified that it contained a sufficient number of qualified signatures to cause the measure to be
placed on the ballot of the June 8, 2010 General Municipal Election; and
WHEREAS, pursuant to California Elections Code section 9215, the City Council must
either adopt the ordinance without alteration or submit the ordinance, without alteration, to the
voters; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity of calling and giving notice of a General Municipal Election for electing a Mayor,
two members of the City Council, and a City Attorney is not a "Project" as. defined under Section
15378 of the State CEQA Guidelines because it will not result in a physical change to the
environment; further, that the activity of placing a measure for an amendment to the Chula Vista
Municipal Code on the ballot to be considered by the electorate at that election is not a "Project"
as defined under Section 15378(b)(3) of the State CEQA Guidelines because it is the submittal of
a proposal to a vote of the people that is not City sponsored; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA; and
WHEREAS, the City Council wishes to adopt the Ordinance Amending the Chula Vista
Municipal Code to Add Chapter 2.59, Entitled "Fair and Open Competition in Contracting,"
mandating that the City or Redevelopment Agency not fund or contract for public works projects
where there is a requirement to use only union employees.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does ordain as follows:
SECTION 1. Statement of the People's Intent
(a)The People of the City of Chula Vista ("the People") desire fair and open competition for
public works projects that are paid for, in whole or in part, with the funds of the City of Chula
Vista or its Redevelopment Agency. .
(b) The People believe fair and open competition enables government to expand the pool of
qualified candidates to perform work and, in turn, to save public funds by lowering the cost of
public works projects. The people likewise seek to remove lirnits or impediments to the
consideration of qualified parties to work on public projects.
15-17
(c) The People believe fair and open competition creates more local jobs and improves Chula
Vista's economy, and provides equal opportunity for all workers, both union and non-union.
(d) The People believe public money should be spent only on public works projects that allow
fair and open competition.
(e) The People intend the following Proposition to amend the Municipal Code of the City of
Chula Vista, as follows:
SECTION 2. Chula Vista Municipal Code, Title 2. "Administration and Personnel" is
amended bv adding Chapter 2.59. to read as follows:
I
Chapter 2.59
Fair and Open Competition in Contracting
2.59.010 Purpose and Intent The purpose and intent of this chapter is to establish criteria that
will ensure fair and open competition for public works projects funded in whole or in part with
public funds; to aid in lowering the cost of public works projects; and to ensure that all workers,
both union and non-union, have a fair and equal opportunity to work on public works projects.
2.59.020 Definitions For purposes of this Chapter, the following definitions shall apply:
"Act" shall mean the National Labor Relations Act, Title 29 USC SS 151 - 169.
"City" shall mean and include both the City of Chula Vista and the Redevelopment Agency of
the City of Chula Vista.
"Contracting party" shall mean and include an owner, developer, contractor, subcontractor or
material supplier, involved in a public works project.
"Labor organization" shall have the same meaning ascribed to it in Section 2 of the Act (29 USC
9152)
"Public works project" shall mean and include all construction projects paid for, in whole or in
part, by the funds of the City or the Redevelopment Agency, including but not limited to any
building, road, street, park, playground, water system, irrigation system, sewer, storm water
conveyance system, reclamation project, redevelopment project, or other public facility.
2.59.030 Requirements for Fair and Open Competition in Contracting
In contracting for the construction, maintenance, repair, improvement or replacement of public
works projects:
(a) The City shall not fund, in whole or in part, or enter into, any contract which contains a
requirement that a contracting party:
(1) execute, comply with, or become a party to an agreement between a Labor
organization, on the one hand, and the City, the Contracting Party, or any third party on the
other;
(2) become a signatory to a collective bargaining agreement;
(3) be required to make payments on behalf of employees to union benefit plans or other
trust funds;
(4) require its employees to be represented by a Labor organization; or
(5) encourage or discourage employees of a contracting party to have representation by a
Labor organization.
15-18
(b) The City shall not impose, as a bid specification, contract prereqUISIte, contract term or
otherwise, any requirement prohibited by subsection (a) of this Section.
(c) Nothing in this Section shall be construed as prohibiting private parties covered by this
provision from entering into individual collective bargaining relationships, or otherwise as
regulating or interfering with activity protected by applicable law, including bu[t] not limited to
the Act.
(d) Any person aggrieved or injured in any way by a violation of this Section shall be entitled to
injunctive relief in the Superior Court of the State of California, County of San Diego, including
by way of an action filed pursuant to California Code of Civil Procedure section 526a.
SECTION 3. Effective Date
To the extent permitted by law, the provisions of this Chapter 2.59 shall become effective 10
days after the vote is declared by the Chula Vista City Council, as provided by California
Elections Code S 9217. Contracts awarded before this effective date and subcontracts awarded
pursuant to such contracts, whenever awarded, shall not be governed by this ordinance.
SECTION 4. Amendment; Repeal
This ordinance Ii:Jay be amended or repealed only by a majority vote of the voters of the City of
Chula Vista.
SECTION 5. Severability
If any Section of this Proposition, or any provision contained in this Proposition, is held by a
court of law to be invalid, or is superseded by a numerically superior vote as provided in Section
6 of this measure, the remaining Sections and provisions of this Proposition shall not be affected
but shall remain in full force and effect, and to that end the provisions of this Proposition are
severable.
SECTION 6. Conflicting Measures
If any other measure, appearing on the same ballot as this measure, addresses the same subject
matter in a way that conflicts with the treatment of the subj ect matter in this Proposition, and if
each measure is approved by a majority vote of those voting on each measure, then as to the
conflicting subject matter the measure with the highest affirmative vote shall prevail, and the
measure with the lowest affirmative vote shall be deemed disapproved as to the conflicting
subject matter.
Presented by:
Approved as to form by:
Donna R. Norris
City Clerk
15-19
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA CALLING AND GIVING NOTICE
OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, JUNE 8, 2010, FOR THE
PURPOSE OF ELECTING A MAYOR, TWO MEMBERS
OF THE CITY COUNCIL; AND A CITY ATTORl'-iEY,
AND PLACING AN INITIATIVE MEASURE
ENTITLED, "FAIR AND OPEN COMPETITION IN
CONTRACTING ORDINANCE" ON THE BALLOT TO
BE CONSIDERED BY THE ELECTORATE AT THAT
ELECTION; CONSOLIDATING THE ELECTION WITH
THE STATEWIDE ELECTION; AND REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF
SAi'\f DIEGO TO PERMIT THE REGISTRAR OF
VOTERS TO CONDUCT THE ELECTION
WHEREAS, in accordance with the provisions of the Chula Vista Charter and
State law, a General Municipal Election shall be held on June 8, 2010 for the purpose of
electing a Mayor, two Members of the City Council to fill Seats 1 and 2, and a City
Attorney, for the full term offour years, commencing in December 2010; and
WHEREAS, a petition entitled, "Fair and Open Competition in Contracting" was
accepted for filing by the City Clerk on July 13, 2009; and
WHEREAS, pursuant to California Elections Code Section 9215, the required
number of signatures to submit this measure to the voters was 10,399, which was ten
percent of the 103,985 voters in the City of Chula Vista as officially reported by the
County Registrar of Voters to the Secretary of State on March 23, 2009; and
WHEREAS, the County of San Diego Registrar of Voters has examined the
petition and certified that it contains a sufficient number of qualified signatures to cause
the measure to be placed on the ballot of the June 8, 2010 General Municipal Election;
and
WHEREAS, pursuant to California Elections Code sections 9215 and 1405(b),
the City Council must either adopt the ordinance without alteration or submit the
ordinance, without alteration, to the voters at the next regular municipal election
occurring not less than 88 days after the order of election; and
WHEREAS, Chula Vista's next regular municipal election is set by Chula Vista
Charter section 900, which provides that General Municipal Elections shall be held in
the City of Chula Vista on the same date in each election year as the California State
primary elections, which is June 8, 2010; and
15-20
WHEREAS, Section 439.1 of the Administrative Code of the County of San
Diego authorizes the Registrar of Voters of the County of San Diego to render specified
services relating to the conduct of an election to any city or district which has by
resolution requested the Board of Supervisors to permit the Registrar to render the
services, subject to requirements set forth in that section; and
WHEREAS, Elections Code Section 10403 requires the City Council to adopt a
resolution requesting the Board of Supervisors to consolidate Chula Vista's election with
the statewide general election and to permit the Registrar of Voters to perform certain
services in conjunction with the City's election; and
WHEREAS, sufficient funding is anticipated to be allocated as separate actions
for the payment of costs relating to the certification of the signatures on the petition and
the placement of the measure on the ballot; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
detemiined that the activity of calling and giving notice of a General Municipal Election
for electing a Mayor, two (2) members of the City Council, and a City Attorney is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change to the environment; further, that the activity of placing a
measure for an amendment to the Chula Vista Municipal Code on the ballot to be
considered by the electorate at that election is not a "Project" as defined under Section
1 5378(b)(3) of the State CEQA Guidelines because it is the submittal ofa proposal to a
vote of the people that is not City sponsored; therefore, pursuant to Section 15060(c)(3)
of the State CEQA Guidelines, the aCtions proposed are not subject to CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as
follows:
SECTION 1. All of the foregoing recitals are true and correct.
SECTION 2. Pursuant to the requirements of the Chula Vista Charter and the
laws of the State of California, there shall be and there is hereby called and ordered held
in the City of Chula Vista, California, on Tuesday, June 8, 2010, a General Municipal
Election of the qualified electors of the City for the purpose of electing a Mayor, two
Members of the City Council to fill Seats 1 and 2, and a City Attorney, for the full term
of four years, commencing December 2010.
15-21
SECTION 3. The City Council, pursuant to its right and authority as established
in California Elections Code sections 9215(b) and 1405(b), does hereby order submitted
to the voters at the election specified above the following question:
PROPOSITION
YES
Shall the Chula Vista Municipal Code be amended to mandate that
the City or Redevelopment Agency not fund or contract for public
works projects where there is a requirement to use only union NO
emoloyees?
SECTION 4. Should the question be approved by the requisite vote, the measure
attached hereto as Exhibit "A" and incorporated by this reference shall be enacted.
SECTION 5. The City Council hereby acknowledges its authority pursuant to
California Elections Code section 9282 to submit a written argument not to exceed 300
words against the proposed measure, and that of the proponents of the measure to file a
written argument not to exceed 300 words in favor of the proposed measure. Pursuant to
a resolution previously adopted by the Council allowing rebuttal arguments, rebuttal
arguments will be allowed in accordance with Elections Code section 9285. Rebuttal
arguments may not exceed 250 words. Each argument must be submitted to the City
Clerk, and may be changed until and including the date fixed by the City Clerk for
submission of the arguments, after which no arguments for or against the proposed
measure may be submitted to the City Clerk. Printed copies of each properly authorized
and filed argument shall be enclosed with each sample ballot in accordance with
California Elections Code section 9282.
SECTION 6. The City Attorney is hereby directed to prepare an impartial
analysis of the measure, which shall be filed by the date set by the City Clerk for the
filing of arguments.
SECTION 7. The General Municipal Election for the purposes of electing a
Mayor, two (2) Members of the City Council, and a City Attorney, and submitting the
proposed measure on the amendment of the Chula Vista Municipal Code shall be
consolidated with the Statewide Direct Primary Election held on the same day in
accordance with California Elections Code section 10401.
SECTION 8. Pursuant to Elections Code section 10403, the Board of
Supervisors of the County of San Diego is hereby requested to permit the Registrar of
V oters to perform and render all services and proceedings, and to procure and furnish
any and all official ballots, notices, printed matter and all supplies and equipment and
paraphernalia incidental to and connected with the conduct of the subject election of the
City of Chula Vista, with the cooperation and assistance of the City Clerk of Chula
Vista, in order to properly and lawfully conduct such election.
SECTION 9. The Board of Supervisors of the County of San Diego is hereby
requested to consolidate this election with the statewide election to be held on the same
day, in the same territory. Pursuant to Section 10411 and Section 10418 of the Elections
Code, (a) the election shall be held in all respects as if there were only one election; (b)
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only one form of ballot shall be used; and (c) the Registrar of Voters of the County of
San Diego shall canvass the returns of the subject election as part of the canvass of the
returns of the election consolidated hereby.
SECTION 10. Pursuant to Section 10410 and Section 10418 of the Elections
Code within the territories affected by this consolidation, the election precincts, polling
places, voting booths and polling hours shall, in every case, be the same, and there shall
be only one set of election officers in each of the precincts.
SECTION 11. The County of San Diego shall be reimbursed in full for the
services performed by the Registrar of Voters for the City of Chula Vista upon
presentation of a bill therefor, and this City agrees to indemnify and save free and
harmless the County, its officers, agents and employees from expense or liability,
including reasonable attorneys' fees, as a result of an election contest arising after
conduct of this election.
SECTION 12. The City Clerk is hereby directed to forthwith file a certified
copy of this resolution with the Board of Supervisors and the Registrar of Voters of the
County of San Diego and to issue instructions to the Registrar of Voters to take any and
all steps necessary for the holding of the election.
SECTION 13. The polls of said election shall be open at seven o'clock a.m. of
the day of said election and shall remain open continuously from that time until eight
o'clock p.m. of the same day when said polls shall be closed, except as provided in
Section 14401 of the Elections Code of the State of California.
SECTION 14. The ballots to be used at said election shall be, both as to form
and matter contained therein, such as may be required by law to be used thereat.
SECTION 15. In all particulars not recited in this resolution, said election shall
be held and conducted as provided by law for holding municipal elections in this City.
SECTION 16. Notice of the time and place of holding this election is hereby
given and the City Clerk is hereby authorized, instructed and directed to give such
further or additional notice of said election in time, form and manner as required by law.
SECTION 17. The City Clerk shall certify to the passage and adoption of this
resolution and file it with the City's original resolutions.
Presented by:
Approved as to form by:
Donna R. Norris
City Clerk
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EXHIBIT A
FAIR Ai\fD OPEN COMPETITION ORDINANCE
The people of the City ofChula Vista hereby declare and ordain as follows:
SECTION 1. Statement of the People's Intent
(a)The People of the City of Chula Vista Cthe People") desire fair and open competition for
public works projects that are paid for, in whole or in part, with the funds of the City of Chula
Vista or its Redevelopment Agency.
(b) The People believe fair and open competition enables government to expand the pool of
qualified candidates to perform work and, in turn, to save public funds by lowering the cost of
public works projects. The people likewise seek to remove limits" or impediments to the
consideration of qualified panies to work on public projects.
(c) The People believe fair and open competition creates more local jobs and improves Chula
Vista's economy, and provides equal opportunity for all workers, both union and non-union.
(d) The People believe public money should be spent only on public works projects that allow
fair and open competition.
(e) The People intend the following Proposition to amend the Municipal Code of the City of
Chula Vista, as follows:
SECTION 2. Chula Vista Municipal Code. Title 2, "Administration and Personnel" is
amended bv adding Chapter 2.59. to read as follows:
Chapter 2.59
Fair and Open Competition in Contracting
2.59.010 Purpose and Intent The purpose and intent of this chapter is to establish criteria that
will ensure fair and open competition for public works projects funded in whole or in part with
public funds; to aid in lowering the cost of public works projects; and to ensure that all workers,
both union and non-union, have a fair and equal opportunity to work on public works projects.
2.59.020 Definitions For purposes of this Chapter, the following definitions shall apply:
"Act" shall mean the National Labor Relations Act, Title 29 USC 99 151 - 169.
"City" shall mean and include both the City of Chula Vista and the Redevelopment Agency of
the City of Chula Vista.
"Contracting party" shall mean and include an owner, developer, contractor, subcontractor or
material supplier, involved in a public works project.
"Labor organization" shall have the same meaning ascribed to it in Section 2 of the Act (29 USC
9152)
"Public works project" shall mean and include all construction projects paid for, in whole or in
part, by the funds of the City or the Redevelopment Agency, including but not limited to any
building, road, street, park, playground, water system, irrigation system, sewer, storm" water
conveyance system, reclamation project, redevelopment project, or other public facility.
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2.59.030 Requirements for Fair and Open Competition in Contracting
In contracting for the construction, maintenance, repair, improvement or replacement of public
works projects:
(a) The City shall not fund, in whole or in part, or enter into, any contract which contains a
requirement that a contracting party:
(I) execute, comply with, or become a party to an agreement between a Labor
organization, on the one hand, and the City, the Contracting Party, or any third party on the
other;
(2) become a signatory to a collective bargaining agreement;
(3) be required to make payments on behalf of employees to union benefit plans or other
trust funds;
(4) require its employees to be represented by a Labor organization; or
(5) encourage or discourage employees of a contracting party to have representation by a
Labor organization.
(b) The City shall not impose, as a bid specification, contract prerequisite, contract term or
otherwise, any requirement prohibited by subsection (a) of this Section.
(c) Nothing in this Section shall be construed as prohibiting private parties covered by this
provision from entering into individual collective bargaining relationships, or otherwise as
regulating or interfering with activity protected by applicable law, including bu[t] not limited to
the Act.
(d) Any person aggrieved or injured in any way by a violation of this Section shall be entitled to
injunctive relief in the Superior Court of the State of California, County of San Diego, including
by way of an action filed pursuant to California Code of Civil Procedure section 526a.
SECTION 3. Effective Date
To the extent permitted by law, the provisions of this Chapter 2.59 shall become effective 10
days after the vote is declared by the Chula Vista City Council, as provided by California
Elections Code S 9217. Contracts awarded before this effective date and subcontracts awarded
pursuant to such contracts, whenever awarded, shall not be governed by this ordinance.
SECTION 4. Amendment; Repeal
This ordinance may be amended or repealed only by a majority vote of the voters of the City of
Chula Vista.
SECTION 5. Severability
If any Section of this Proposition, or any provision contained in this Proposition, is held by a
court of law to be invalid, or is superseded by a numerically superior vote as provided in Section
6 of this measure, the remaining Sections and provisions of this Proposition shall not be affected
but shall remain in full force and effect, and to that end the provisions of this Proposition are
severable.
SECTION 6. Conflicting Measures
If any other measure, appearing on the same ballot as this measure, addresses the same subject
matter in a way that conflicts with the treatment of the subject matter in this Proposition, and if
each measure is approved by a majority vote of those voting on each measure, then as to the
conflicting subject matter the measure with the highest affirmative vote shall prevail, and the
measure with the lowest affirmative vote shall be deemed disapproved as to the conflicting
subject matter.
15-25
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING THE 'NECESSARY FUNDS
TO PLACE THE fi\.TJTIATIVE MEASURE ENTITLED, "FAIR
Ai~D OPEN COMPETITION IN CONTRACTING ORDINANCE"
ON THE BALLOT AT THE GENERAL M1JNICIP AL ELECTION
TO BE HELD ON TUESDA Y, JUNE 8, 2010
WHEREAS, the City Council has adopted or is anticipated to adopt a separate' resolution
calling and ordering a General Municipal Election to be held Tuesday, June 8, 2010 for the purpose
of electing a Mayor, two Members of the City Council, and a City Attorney, and submitting an
initiative measure entitled, "Fair and Open Competition in Contracting" to the voters of the City, and
consolidating the election with the Statewide Election to be held on the same date, requesting the
County of San Diego Registrar of Voters to conduct the election, and authorizing the City Clerk to
take all necessary actions to conduct the election; and
WHEREAS, the City Clerk has budgeted $280,000 for the June 8, 2010 election, and it is
anticipated that this will be sufficient to cover the cost for the election of a Mayor, two Members of
the City Council, and a City Attorney; and
WHEREAS, the Registrar of Voters has estimated the total cost for the placement of the
initiative measure on the ballot for the General Municipal Election to be held on June 8, 20 I 0 to be
$93,000.00.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECLARE, DETERi\1INE, AND ORDER as follows:
SECTION I. The amount of ninety-three thousand dollars ($93,000) is hereby authorized to
be appropriated to the City Clerk's Election Supplies and Services budget; and the City Clerk is
hereby authorized to disburse such amounts for payment of those costs.
Presented by:
Approved as to form by:
Donna R. Norris
City Clerk
15-26