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HomeMy WebLinkAboutReso 2009-212RESOLUTION N0.2009-212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICTENCY OF SIGNATURES FOR THE INITIATIVE PETITION ENTITLED, "FAIR AND OPEN COMPETITION IN CONTRACTING ORDINANCE" 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, 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 WHEREAS, 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 Resolution No. 2009-212 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of September 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann Cheryl Cox, ~ ayq ATTEST: ~~ ~/VO Donna R. Noms; CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-212 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Counci] held on the 1st day of September 2009. Executed this 1st day of September 2009. Donna R. Norris, CMC, City Clerk Resolution No. 2009-212 Page 3 DEBORAH SEILER , ~ I ~~~1~ II~ ~~SY~ j[] L~}}~ Registrar of voters v z ~C// ~ 4J MICHAEL W REGISTRAP. OF VOTERS Assistant Registar 52C . Rusin RoaG, Suite !, San Diego, California 927?3-1693 August 12, 2009 Donna I`'ortis, City Cleric City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910-2631 EXHIBIT A Otfce: (85d) 565-5@00 Fax: (658) 694-2955 TDO: (850) 693-3441 7011 Free: (BCC) 696-0736 Re: Aa Snifiative to Amend the Chula Vista Municipal Code adding Chapter 2.59, entitled "Pais 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. As directed by your office, the Registrar of Voters conducted a verification of up to 10,599 valid signatures from the total of 15,910 signatures submitted. Results of the verification process are as follows: • Date petition was received in our offce ....................................July 13, 2009 • Number of sections submitted ................................................................. 1,030 . • Number of signaturessubmitted......._ ..................................................15,910 • Number of signatures verified ...............................................................14,187 • Number of signaturzs found NOT sufficient .......................................... 3,782 (includes 1,24 duplicates) • Number of signatures found sufficient ............................... _................. 10,399 If you need further assistance please call Rosemarie Ganzon at (858) 694-34:3 ca ~ ~/ ~ / ~ ~~ ~ r'n C ~ m n . ~ i c DEBC AH SEILER ~s -~ Registrar of Voters ~~ w < ° ~ ;rt c T~ CJ T~ a Resolution No. 2009-212 Page 4 Initiative Measure to be Submitted Directly to the Voters The city attorney has prepared the following title and summary of the chief purpose and poinu of [he proposed measure: Title: An initiative to amend the Chula Vista Municipal Code adding Chapter 2.59, enfitled "Fafr 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 anion employees. Summary: This measure proposes to amend by ordinance the Chnla Vista Municipal Code to add a chapter re garding contracdng on public works projects. The sorted purpose and intent of the measure is to establish crite- ria that wig 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 sll workers, both union and non-union, have a fair and equal opportunity to work on public works projects. The measure involves contracts for construc[ioq maintenance, repair, Improvement or replacement of pu6tic '~ ~ works projects, defined as a0 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, rord, street, park, playground, water system, irriga- tion system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other pubkc facility. "Contracting party" is defined as an owneq developer, contractor, subcontractor, or material supplier, .., involved io 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 contrail, or from funding such acan- tract.Theproposal wonld add language to the Municipal Code, stating that [he City shall no[ fund, in whole or iv 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 organizadon, (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 patty to have representation by a labor organization. The measure would not prohibit private parries from entering into individual collecfive bargaining relationships or engaging in lawful union activities. Violafions of the ordinance could be remedied through an applicafioo for injunctive relief in Superior Court ]Sled by a citlzea resident or tazpaying corporatlan. The measure provides [hat if approved by voters, it may he amended or repealed only by a majority vote of [he voters of the City. The Ciry Attorney has prepared the above pursuant to Elections Code section 9203; the summary does not re- f]ectany legal analysis or opinion of the City Attorney concerning [he proposed measure. PROPOSTTION FOA FAIR AND OPEN COrVIPETITION ORDINANCE The people of the City of Chula Vista hereby declare and ordain as follows: SECTION 1. Smtement of the Peovle's latent (a)The People of Ne Ciry of Chula Vista ("the People") desire fair and open competiton for public works projecu that are paid for, in whole or in par'., with the funds of the Ciry 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 rum, 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 parties to work on public projects. (yThc People believe fair and open competition creates more local jobs and improves Chula Vista's economy, and provides equal opportunity for all workers, bodt 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 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 by addine Chanter :.59, [o read as follows: Chapter 2.59 Fair and Open Competition in Contracting 159A10 Purpose and Intent'ILc purpose and intent ofthis chapter is m establish Criteria rhaz will ensure fair ®d opw wmpe- tition for public works projects funded io whole or is parr with public funds; to aid is lowering the cos[ of pvtbhe works pmjc:c; and m ensure that all wodce[s, both union and non-unioq have a fair and equal opportunity to work on public wod6 projecu. Resolution No. 2009-212 Page 5 - 259.020 Definitions For purposes oftlris Chapter, the following definitions shall apply "AcY' shall mean the National Labor Relations Act, Title 29 USC §§ 151-169. "City' shall mean and include both the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista -"Coahacdng party'shall mean and include an owner, developer, wntractor, subcontractor or material supplier, involved in a public works project _ "Labor organization" shall have the same meaning ascnbed to it in Section 2 of the Ac[ (29 USC §152) "Public works project" shall mean and include all construction projects paid for, m whole or in paq by the funds of the City or the Redevelopment Agency, including but not limited to any building, road, sheet, P~+P~YHnand, water system, iaigadon system, _ ~ sewer, storm water coweyance system, reclamation project, redevelopment project, or other public facility. .~.- 259.030 Requirements for Fav and Open Competition in Contracting ' In contracting fa the construction, maintenance, repair, improvement or replacement ofpublic worksprojects: (a) The City shall not fund, in whole or in part, or enter into, a~ conuactwhich 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 arty third party on the other, . (2) become a signatory to a collective bargauvag agreement; (3) be required t4 make payments on behalf of employees to union beneffi plans or otherttus[ funds; (4) require its employees to be represented by a Labor organiredoa; or (5) rncoruage or discourage employees of a contracting party to have representation by a Labor organization (b) The City shall not ~rpose, as a bid specificadoq contact prerequisite, contract lean or otherwise, any requiremerrt prohibited by subsection (a) of this Section ... (c) Nothing in tlils Section shall be construed as prohubiting private patties covered by this provision from entering into individual collective bargainhrg relationships, or otherwise as regulating or interfering with activity protectedby applicable law, including bu not limited to the AcG - -- ~ (d) Any person aggrieved or injured is any way by a violation of this Section shall be entitled to injunctive relief is the Superior .. Court of the State of California, County of San Diego, including by way of an action 51ed puasuant to California Code of Civil - Procedure section 526a SECTION 3. Effective Date To the extent pemtitted 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 § 9217. Contracts awarded before this effective date and subcontracts awarded pursuant to such contracts, wh®ever awarded, shall not be govemedby this ordinance. SECTION 4. Amendment; Repeal This ordinance maybe amended or repealed only by a majority vote of the voters ofdte City of Chula Vista.. SECTION 5. Severabr7r'ty If any Section of this Proposition, or anyprovisioa contained in this Propositioq is held by a court of law to be invalid, or is super- seded by a numerically superior vote as provided in Section 6 of ibis measure, the remaining Sections and provisions of this Proposition shall not be affected but shall remain in full force and effect, and to drat end the provisions ofthis Proposition are severable. SECTION 6. ConOicting Measures - - If any other measure, appearing on the same ba0ot as this measure, addresses dre same subject mane in a way that conflicts with the treatment of dre subject matter in this Ptvposidon, and if each measure is approved by a majority vote of those voting on each measure, dren as to the conflicting subject matter the measure wiffi the highest atLrmadve vote shall prevail, and the measrne with voce snau March 13, 2009 Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appeaz hereon of their iatrntiea to circulate the petition within the City of Chula Vista for dte purpose of amending the Chula Vista Municipal Code to add the Farr and Open Competition Ordinance. A statement of the reasons of the proposed action as contemplated in the petition is as follows: Ia our opinion, the Fair and Opea Competition Ordinance will encourage the maximum number of responsible and capable bidders for taxpayer-funded coastmetion, thus ensuring fiscal responsibility for the city. Ia our opinion, fair and open competition in Chula Vista will create more job opportunities for local workers, decrease costs for taxpayers through increased efficirncy, and es lish equality in contracting. Lori Kneebone Larry Breiffelder Paid far by Chula Vista Citizens for Jobs and Fair Competitioq major funding by Associated Builders & Contractors PAC and Associated General Contractors PAC to promote fair comDefiGon ($1303759) PMB 332- 374 East H Stree4 Suite A Chula Vista, CA 91910. Printing this petifien section in this format, including but not limited to printing the name and signature of a proponent, does not waive the right of any proponent or any other Fair and Open Compettrion Initiative supporter to challenge the legality of this format for this petifion or for any oMer related past, present or future petition. Resolution No. 2009-212 Page 6 Initiative Meuure to be Submitted Directly to the Voters The city attorney has prepared [he following title and summary of the chief purpose a¢d points of the proposed measure: Title: An snitiatve to amend [he Chu]a Vista Municipal Code adding Chapter 2.59, entitled "Fair and Open Competitlon in Contracting," mandating that the City or Redevelopment Agency oat 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 Atuaicipal 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 [bete is fair a¢d open compe5tion for public works projects funded in whale or in part with public funds; to aid fn lowering the cost of public works projects; and m ensure [hat sli workers, both union ' and non-union, have a [air and equal opportunity to work on public works projects. ' . ~ The measure involves ca¢tracts for construction, maintena¢ce, repair, improvement ar replacement o[ pu66c works projects, defined as all constr¢ctioa 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, party 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, contrac[oq subconVactot, or material supplier, involved in a public works project. , The measure would prohibit the City or Redevelopment Agency from manduBng that a contracting party enter inm an agreement with a labor organizafio¢ as a condition of award of Ne contract, ar from funding such acon- trac[.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~invo}ved in a public works project to (1) erecute, comply with or become a party to an agreement with a labor organizadon, (2) become a signatory to a collective bargaining agreement, (3) 6e requved to make payments on behalf of employees to union beneffi'plans or other trust funds, (4) require ifs employees to be represented by a labor organization, or (5) encourage or discourage employees of a contracting party to have repruentation 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 a¢ application for injunctive relief in Superior Court filed by a citizen resident or [uzpaying corporation. The measure provides that iT approved by voters, it may be amended or repealed only by a majority vote of the voters oC 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 Ciry Attorney concerni¢g the proposed measure. ~~ NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID Please sigh SIGNATURE GATHERER OR A VOLUNTEER YOU HAVE THE RIGHT TO ASS. netitinn /rims p,VLF AB signers of this petition must be registered to vote in the City of Chula Vista. mu Ldumn mr ' Cierk a Use Only Nen ~ SICNATII0.E g~maNCa RCyfVN011 NReg~oved TO W¢: AUJrm DNLM PFINr elry2'p: Vei¢Nuee: Nex ~ RepW]tifq ucNw;LZE ars~c~ AapgsmrN TaWC Mtl ONLY: P0.'Nr C:r/2'P: Ywv NUCe: Nen O Re9iamum 9GNAN0.E AESmipENCE .Y Aeyau.+tl TO Wye: ONLY : P0.M Ciry2p: Yoe NVmc N,.w ~ SIGNATl1AE 0.61OFTICE Ae9u:raoen Naem¢aCTO W¢- Ayym pNLY: rxa+r Ci~pZT: Yw Nwe: i Resolution No. 2009-212 Page 7 Inifiulive Measure [o be Submitted Directly to the Voters I The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: i Title: An initiative to amend the Chula Vista Municipal Cade adding Chapter 2.59, entitled "Fair and Open Competition in Contrzctiag," msndatlng 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 ' ~ 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 establla6 crite- ~ ~ ria that will ensure that there is fair and open competition for public works projects funded in whole or to part ~ ~ with public funds; [o aid 10 lowering the cost of public works projecu; and to ensure that all workers, both union ~ and non-union, have a fair and equal opportunity to work on public works projecu. I ~ The measure involves contracts for construction, maintenance, repay, improvement or replacement of pnblic warW projects, de5ned as ell coastnction projects paid for, in whole ar 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- i ~ tion system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public facility. "Coatractlng party" is defined as an owner, developer, contractor, subcontractoq or material supplieq involved in a public works project. The measure would prohibit the City or Redevelopment Agency from mandating that a contracting party eater into an agreement with a labor organization as a condifion of award of the contract, or from funding such acon- tractThe proposal would add language to the Municipal Code, stating that the City aha0 not fund, in whole or in part, or eater into, any contract, oz tmpoae a bid specification, contract prerequisite, ar contraM term, that would requue a contracting party involved in a public works project to (1) ezeeute, comply with or become a party to an agreement with s labor organtzation, (2) hecome 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 ifs 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 ]awful union acfivities. Violations of the ordinance could be remedied through an application for injunc5ve 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 rite voters of the City. The Clty Attorney has prepared the above pursuant to Elections Code section 9203; the summary does not ro- fleet any legal analysis or opinion of the City Attorney concerning the proposed measure. ~~~ Please sign NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. peddonltime OME All signers of this petition must be registered to vote in the City of Chula Vista. CI ~k'a ~UeeBnny New ~ Regsttlbn 91DN.,NrtE RPSa)FNCE N.Lpemb Te We: Aemu DNLT: P0.1NT CiiYa+V- roa w.~: N.w © aw~wmn naewTw~r ~m~~ .,. ReE1,NMTn vw: wew,DN>.v: esmm aba+R mu Nom,: Nvx ^ ftw0balbl Y EIDNwTUrtE 0.~SIDENCE NA~,cal TO We: .,JNm pILY: PRIM[ Diyy0. Yaw Nuc 1!r B ReBeNelen ^ SIGNATURE .}~-StDENCY Iu Aefmad TO Mac AdAm ONLY: R`a''i Ciry2P: YaviYi Resolution No. 2009-212 Page 8 Initiative Measure is 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 initia8ve to amend the Chula Vista Municipal Code adding Chapter 239, enfitled "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 requuemept 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 lair 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, 'vnprovement or replacement of public ~~ works projects, defined as all construction projects paid for, in whole or th part, by funds of [he Ciry or Redevel- opment Agency, including, but no[ limited to, any building, road, street, park, playground, water System,vriga- lion system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public facility. "Contracting party" is defined as an owner, developer, contractor, subconfractoq or material supplier, involved in a public works project. The measure would prohibit the City or Redevelopment Agency from mandating that a contracting pnrty enter into an agreement with a labor organization as a condifion of award of the contract, or from funding such acon- tractTheproposal would add language to the Municipa] Code, stating that the Ciry shall not Cund, in whole or in part, or enter into, nny 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 w9ih or became a party to an agreement with a ]char organzaton, (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, (A) 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 activitlea. Violations of the ordinance could be remedied through an application for injunctive relief W Superior Court filed by a citizen resident or taxpaying corporation. The measure provides that if approved by voters, i[ may be amended or repealed only by a majority vote oCthe 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. ~: NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID Please sign nefitinn l yim,. $IGN'ATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. pp+jy All signers of [his petition mast tie registered to vote in the City ofChula Vista. Tna wwmn mr • , , u,. omy naa Ne., ~ vcxArvar xumENDE RMpePi'JOn p, R,p,:md Te Wrt: A2y,y, ONLY: PR?T CNW~ p: Ywv Name: Nw ~ StGNNY6E AESmENCE RepiaVation Aa 0.egumrttl To Wrt: ACbm 0.V1.V'. P^i^'T CiryZp: Yew Nemc Nmv ii SIpNAT'JRE µE51pENCE Re9nua9on A, Rery¢rtG Ta WN: ACGy ONLY: PALM' ~~~ Yuv1Ys: Nen ~ SIOIJATURE RESIDENCE RryRVaWn Avagivtied TO Wx:. AE0®ONLY: PRAT G,yI.iP ppNmc Resolution No. 2009-212 Page 9 Initiative Measure to be Submitted Directly to the Voters The city attorney has prepared the following title and summary of the chief parpose and points of the proposed measure: Title: An htitiafive to amend the Chula Vista Municipal Code adding Chapter 2.59, entitled "Fair and Opea Competition in Contracting," mandating that the City or Redevelopment Agency not fund ar 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 projecU. The stated purpose and Intent at the measure is to establish trite- . ~ rice that will ensure that there u fair and open competition for public works projects funded In whole or is 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 [o work on public works projects. The measure involves contract's for construction, maintenance, repay, improvement or replacement of public works projects, defined as all coastroctioa projects paid for, N whole or la part, by funds of the City or Redevel- opment Agency, including, but not limited to, any building, road, street, park, playground, water system, izriga- tioe system, sewer, storm water conveyance system, reclamatiop project, redevelopment project, or other public facility. "Contracting party^ u defined as w owner, developer, contractor, subcontractor, or material supplieq 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 lahor organization as a condition of award of the contract, or from funding such aton- tract.Theproposal would add language to the MuNcipal Code, stating that the City shall not fund, in whole or in part, or enter into, eny contract, or impose a bid specification, contract prerequisite, or contract term, that would require a contracting party involved in a public works project to (I) ozecate, comply with or become a party to an agreement with a labor organivtion, (2) become a signatory [o a colectve bargaining agreement, (3) be required to make payments oa behalf of employees to union benefit plans or other trust funds, (4) require its employees to be represented by a labor orgaaizaflon, or (5) encourage or discourage employees of a contracting party to Lave 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 as 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 o[ 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 tLe City Attorney concerning the proposed measure. ~~ Please sign ,wfifinn / liiro+ NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASS. ^ OMY All signers of this petition must be registered to vote in the City of Chula Vista n16 rahrmn kr Clark'a Uep Only N.. ~ R.piao-.mn ~~ acnnrvRr easmaN¢ n,Ry„e,.a TO ws aei~. oNLr: ramm curzp. Yer Num: Nw ~ ReglNatlon SIGNATURE AFamEN(f Nktrys+ed TO VOt: nCCna INiLY: ~~ Gb?p: Ne. ~ Mp1mWm ~, SIDNMVRE AESIDE\CE NASp+meG To you AJY,v, 0A1Y: ~"' CipZp: Yprt Nut Ns l6 RplaeeWn nGNNTURE R6~DENCE NA,pw~Te Nx: NLm ONLY: trtIILI Gb2p. Ym Nwr Resolution No. 2009-212 Page 10 Initiative Meazure io be Submitted Diiecdy to the Voters The city attorney has prepared the fallowing tide and summary of the chief purposeand 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 [hat the City or Redevelopment Agency not fund or contract for public works projects where there is a requiremegt 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 projectr. The stated purpose and intent of the measure is to establish crite• ria that will ensure that [here is fair and open competition for public works projects funded in whole ar in part ' wiY6 public funds; to aid N lowering the cost of public works projects; and to ensure that all workers, both union and non-union, have a fair and equal opportuniry to work on public works projects. The measure involves contracts for construcfion, maintenance, repair, improvement or replacement of public works projects, defined as all construction projects paid for, iu whale or in part, by funds of the City or Redevel- opment Agency, iaduding, but ant 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, developeq contractor, subconhactoq or material supplier, involved in a public works project. The measure would prohibit [he City or Redevelopment Agency from mandating that a contracting party enter into an agreement with a labor organization as a condifion of award of the contract, or from funding such acon- hacLThe proposal would add language to the Municipal Code, stating [hat [he Ciry Shall not fund, in whole or in part, or enter into, any contract, or impose a bid specification, contract prerequisite, or conhact term, that would require a contracting party involved in a pubBc 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 [o anion 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 represeniadon 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 he remedied through an application for injunctive relief in Superior Court Ciled 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 [o Elections Code section 9203; the summary does not re- Oect am Iega1 analysis or opinion of [he Ciry Attorney concerning the proposed measure. VOTERt 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. netitinn 7 time pity All signers of this pefition mast be registered to vote in the City of Chula Vista. T^a Cv1inin tar • ne,s R m. only _ ~ Ne. ® ncnwrvRE aESmENCE aeyisv.uan A, a.tlnrmTa wK wino. oN[r: PRA Elt>/Zq: Yin NUV: Nw ~ atGNANRE RFSmFS'~ RegabaWn Ax Ree,dmd io W¢: AtlErtv g4LV', PRINT CiryR'p: Tar Nar: NlF 11 SfGNArJRr RESInENCE Re9aaa'bn AaAgi,xmc Te WU: AJtr:u OM.V: PALY- CPy2y. YarN.s. NCw jl PegbVaYan SIf.NATLRE M1F91¢ENCE Aa ReRiuurl TO WC~ AIAm ONLY: PEE.T Cip2q: YemNamc Resolution No. 2009-212 Pagel l Initiative Measure [o be Submitted Dvectly 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 Chaptec 2.59, entitled "Fair and Open CompetlRon 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 trite- - ria that will ensure that there is fair and open competition for public works projects funded in whole or in part - ~ ~ with public fends; 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, is whole or in part, by funds of ffieCity 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, reclamafion project, redevelopment project, or other public facility. "Contracting party" is de£med 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 mandat[ng 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 specifcatian, contract prerequisite, or contract term, that - would require a contracting party involved in a public works project to (I) 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 relafionships 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 o(the City. The City Attorney has prepared the above pursuant to Elections Code section 9203; the summary does not re- fleet any legal analysis or opinion of the City Attorney concerning the proposed measure. pease s petidonli ONLY NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. AB to vote in the City of Chula Vista park's ^w Nex © s10NATlIRE RESIDENCE RBpI0ba0on Ae Regiebrtd TO Wk: Addem ONLY'. P0.1M Ciry2ip: Yom Nerve. ('io be handwritten by the cimilator after above sigoelures have been obtained) I, am registered to vote or 1 am eligible to register to vote in the State of Califoomia. rtm x®q 1 reside at the following address: A6bu. Cib. Bm. W1 i 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 tme.n, nn. ran 1 declare under penalty of perjury under the laws of the Stale of California that the foregoing is true and correct. Signed this _day of at ,California SIGNATURE: (Sian FWl Name-FUrt Name, Middle Nerve w IviliW, Lest Nme) • R