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HomeMy WebLinkAbout2010/03/09 Item 5CITY COUNCIL AGENDA STATEMENT ~-, ~ \~~ CITY OF ® CHULAVISTA March 9, 2010 Item S ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 3 OF RESOLUTION 2009-214 TO AMEND THE BALLOT QUESTION FOR THE INITIATIVE ENTITLED "FAIR AND OPEN COMPETITION IN CONTRACTING ORDINANCE" SUBMITTED BY: Bart Miesfeld, City Attomey~ Donna Norris, City Clerk~~ SUMMARY On Mazch 2, 2010, the Council directed the City Attorney to review the ballot question, previously approved by the adoption of Council Resolution 2009-214, to ensure its accuracy and impartiality. Adoption of the resolution approves the ballot question as amended. 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. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 5-1 March 9, 2010 Item S Page 2 of 2 DISCUSSION On September 1, 2009, the City Council of the City of Chula Vista passed, approved, and adopted Resolution 2009-214, which called for and gave notice of a June 8, 2010 election, placed on the ballot an initiative entitled "Fair and Open Competition in Contracting Ordinance," and requested that the County Board of Supervisors permit the Registrar of Voters to conduct the election. On March 2, 2010, the City Council directed the City Attorney to review the ballot question, as stated in Section 3 of Resolution 2009-214, for the initiative entitled "Fair and Open Competition in Contracting Ordinance" to ensure its accuracy and impartiality and to return to City Council with an amended question if required. After review to ensure accuracy and impartiality, a new ballot question for the initiative entitled "Fair and Open Competition in Contracting Ordinance" has been prepared for City Council consideration. The amended ballot question shall read as follows YES Shall the ordinance prohibiting the City from funding or entering into public works contracts that require agreements with labor organizations or payments on behalf of employees to labor NO organization benefit plans or other trust funds be adopted? The amendment to the ballot question does not change any other term of Resolution 2009-214 and the terms not amended by the proposed resolution remain in full force and effect. 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)(1) is not applicable to this decision. FISCAL IMPACT It is anticipated that the funds previously appropriated to the City Clerk's Election budget will be sufficient to provide the required translations and publications of a revised ballot question, which are estimated to cost $800. ATTACHMENTS Resolution 2009-214. Resolution amending Section 3 of Resolution 2009-214 to amend the ballot question of the initiative entitled "Fair and Open Competition in Contracting Ordinance. 5-2 RESOLUTION N0.2009-214 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GNING 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 INITIATNE 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 SAN 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 of four 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 Registraz of Voters to the Secretary of State on Mazch 23, 2009; and WHEREAS, the County of San Diego Registraz 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(6), the City Council must either adopt the ordinance without alteration or submit the ordinance, without alteration, to the voters at the next regulaz municipal election occurring not less than 88 days afrer the order of election; and WHEREAS, Chula Vista's next regulaz 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 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 Boazd of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and 5-3 Resolution No. 2009-214 Page 2 WHEREAS, Elections Code Section 10403 requires the City Council to adopt a resolution requesting the Boazd 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 determined 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 "Pmject" as defined under Section 15378(6)(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. 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 aze tine 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. SECTION 3. The City Council, pursuant to its right and authority as established in California Elections Code sections 9215(6) and 1405(6), does hereby order submitted to the voters at the election specified above the following question: YES Shall the Chula Vista Municipa[ 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 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. _ _. _ _ 5-4 Resolution No. 2009-214 Page 3 SECTION 5. The City Council hereby acknowledges its authority pursuant to California Elections Code section 9282 to submit a written azgument not to exceed 300 words against the proposed measure, and that of the proponents of the measure to file a written azgument not to exceed 300 words in favor of the proposed measwe. Pwsuant to a resolution previously adopted by the Council allowing rebuttal azguments, rebuttal azguments will be allowed in accordance with Elections Code section 9285. Rebuttal azguments may not exceed 250 words. Each azgument 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 azguments, afrer which no arguments for or against the proposed measure may be submitted to the City Clerk. Printed copies of each properly authorized and filed azgument 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 measwe, which shall be filed by the date set by the City Clerk for the filing of azguments. 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 measwe 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. Pwsuant to Elections Code section 10403, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings, and to procwe and fiunish 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 Boazd 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. Pwsuant 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) only one form of ballot shall be used; and (c) the Registraz 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. Pwsuant 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 hows 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 afrer conduct of this election. 5-5 Resolution No.2009-214 Page 4 SECTION 12. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Boazd of Supervisors and the Registraz of Voters of the County of San Diego and to issue instructions to the Registraz 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 particulazs 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 ~~G.t_0. A /t y,~~,io Donna R. Norris ~~ City Clerk ../`Z K' B C. Miesfe rty Attorne 5-6 Resolution No. 2009-214 Page 5 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, Ill yor ATTEST: l ~~~ Donna R. Noms, C C, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-214 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 1st day of September 2009. Executed this 1st day of September 2009. 'tb~7l Ji ~ " /]1 Donna R. Norris, CMC, City Clerk 5-7 Resolution No. 200p9-214 EX1~IT ~ge 6 FA1R AND OPEN COMPETITION ORDINANCE The people of the City of Chula Vista hereby declaze 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 competiton for public works projects that aze 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 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. (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: 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 inpart 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 fau and equal opportunity to work on public works projects. 2.59.020 DeSnitions For purposes of this Chapter, the following definitions shall apply: "Act" shall mean the Nafional 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 "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 §152) Public works project" shall mean and include all construction projects paid for, in whole or is part, by the funds of the City or the Redevelopment Agency, including but not limited to any building, road, street, pazk, playground, water system, irrigation system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public facility. s-a Resolution No. 2009-214 Page 7 2.59.030 Requirements for Fair and Open Competifion 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 parry 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 bazgaining 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 declazed by the Chula Vista City Council, as provided by California Elections Code § 9217. Contracts awazded before this effective date and subcontracts awazded pursuant to such contrncts, whenever awazded, 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 Iaw 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 L` 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. RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 3 OF RESOLUTION 2009-214 TO AMEND THE BALLOT QUESTION FOR THE INITIATIVE ENTITLED "FAIR AND OPEN COMPETITION IN CONTRACTING ORDINANCE" WHEREAS, on September 1, 2009, the City Council of the City of Chula Vista passed, approved, and adopted Resolution 2009-214, which called for and gave notice of a June 8, 2010 election, placed on the ballot an initiative entitled "Fair and Open Competition in Contracting Ordinance," and requested that the County Boazd of Supervisors permit the Registraz of Voters to conduct the election; and WHEREAS, on March 2, 2010, the City Council directed the City Attorney to review the ballot question, as stated in Section 3 of Resolution 2009-214, for the initiative entitled "Fair and Open Competition in Contracting Ordinance" to ensure its accuracy and impartiality and to return to City Council with an amended question if required; and WHEREAS, a new ballot question as stated below for the initiative entitled "Fair and Open Competition in Contracting Ordinance" has been submitted to City Council for consideration and the City Council wishes to amend Resolution 2009-214 to approve the new ballot question as stated below; and WHEREAS, the City Council does not wish to amend any other term of Resolution 2009-214 not approved in this Resolution, and those terms not amended remain in full force and effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE as follows: SECTION 1. All of the foregoing recitals are true and correct. SECTION 2: Resolution 2009-214, Section 3, is amended and the ballot question shall now read as follows: YES Shall the ordinance prohibiting the City from funding or entering into public works contracts that require agreements with labor organizations or payments on behalf of employees to labor NO organization benefit plans or other trust funds be adopted? 5-10 SECTION 3. The amendment in Section 2 of this Resolution does not change any other term of Resolution 2009-214, and the terms not amended herein remain in full force and effect. SECTION 4: 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 5. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. Presented by: Donna R. Norris City Clerk Approved as to form by: iD~/YYK?~'! ' d'C~ Bart C. Miesfeld City Attorney 5-11