HomeMy WebLinkAbout12 CLEAN UP CODE 07-19-04
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AGENDA REPORT
Agenda Item 12
Reviewed: J ~ A~
City Manager I.$ll-
Finance Director N/A
MEETING DATE: JULY 19, 2004
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
TO:
TUSTIN CITY CODE CLEAN UP: AN ORDINANCE AMENDING SECTIONS
1623,1625 AND 6104 OF THE TUSTIN CITY CODE
SUMMARY:
Per a review of various sections of the Tustin City Code, the City Attorney is
recommending that the City Managers authority to enter into contracts for professional
services (defined in the Code as "personal services") be clarified. Currently. the City
Manager (as Purchasing Agent) has the authority to negotiate such contracts, but it's
not crystal clear that he has authority to enter into such contracts. The City Attorney is
also recommending that the word "loiter" and "loitering" be struck from Section 6104, as
such terminology is no longer enforceable under State Law.
RECOMMENDATION: Introduce the Ordinance Amending Section 1623, 1625 and
6104 of The Tustin City Code.
ATTACHMENT:
Black-lined Version of the Ordinance
Clean Copy of the Ordinance
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LOIS E. JEFFRE .
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Enclosures
cc:
William A. Huston, City Manager
181299.2
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ORDINANCE NO. 1287
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTIONS 1623, 1625,
AND 6104 OF THE TUSTIN CITY CODE
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The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. Purposes
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1. One purpose of this ordinance is to amend the purchasing provisions to
clarify the City Manager's authority to enter into contracts for personal services.
2. Another purpose of this ordinance is to amend the section prohibiting the
obstruction of free passage in public places to delete the reference to loitering so as to
comply with current state law.
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SECTION 2. Subsection (b) of Section 1623 of the Tustin City Code entitled,
Purchasing Agent, is hereby amended to read as follows:
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b
Power and Duties
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The purchasing agent shall, subject to the provisions of this Part and other applicable
provisions of this Code and of state law:
(1) Purchase or contract for the supplies and equipment required by the using
agency in accordance with the purchasing procedures set forth in this article and submit to
the City Council for award contracts for all purchases of supplies, materials, equipment and
contractual services in amounts or estimated amounts in excess of ten thousand dollars
($10,000.00);
(2) Negotiate and recommend the execution of contracts for the purchases of
supplies and equipment;
(3) Act to procure for the City the needed quality in supplies and equipment at the
least expense to the City;
(4) Endeavor to obtain as full and open competition as possible on all purchases;
(5) Prepare rules governing the purchase of supplies and equipment for the City;
(6) Prepare revisions and amendments to the purchasing rules;
(7) Keep informed on the current developments in the field of purchasing and the
prices, market conditions, and new products;
(8) Prescribe and maintain such forms as are reasonably necessary for the
operation of the provisions of this article and other rules and regulations;
(9) Supervise the inspection of all supplies and equipment to ensure their
conformance with specifications;
(10) Direct the transfer of surplus or unused supplies and equipment between
agencies as needed and the sale of all supplies and equipment which cannot be used by any
agency or which have become unsuitable for City use;
(11) Maintain a bidder's list, vendor's catalog file, and the records needed for the
efficient operation of the purchasing function; and
(12) Upon request of the City Council and, subject to its approval of each
transaction, perform all delegable functions in connection with acquisition and disposal of
real property, except acquisition by legal proceedings.
(13) Negotiate and enter into agreements for personal services in any amounts,
provided that such agreements are within the City's budget, and the City Attorney consents
to such agreements for attorney services.
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177045.3
Ordinance No. -
Page 2
SECTION 3. Subsection (c)(3)(i) of Section 1625 of the Tustin City Code entitled,
Purchasing Procedure, is hereby amended to read as follows:
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Nothing contained in this section shall prohibit the purchasing agent from negotiating
3 and entering into contracts for personal services without formal bid procedures.
4 SECTION 4. Section 6104 of the Tustin City Code entitled, Prohibition on Loitering so
as to Obstruct Passage, is hereby amended to read as follows:
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Prohibition Of Standing, Sitting, Or Lying In Or Upon Property So As To Obstruct
Passage
a Public Property
8 No person, after first being warned by a law enforcement officer, shall stand, sit, or lie
9 in or upon any public street, sidewalk, curb, crosswalk, walkway area, or mall so as to hinder
or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block,
10 obstruct, or prevent the free access to the entrance of any building open to the public.
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b Private Property Open to the Public
No person after first being warned by a law enforcement officer, or where a sign or
12 signs have been posted in accordance with this section, shall stand, sit, or lie in or upon any
portion of private property utilized for public space, so as to hinder or obstruct the free
13 passage of pedestrians or vehicles thereon; shall any person block, obstruct, or prevent the
14 free access to the entrance of any building open to the public.
15 SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
16 of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Tustin hereby declares that it would have
17 adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion
thereof irrespective of the fact that anyone or more sections, subsections, sentences,
18 clauses, phrases, or portions be declared invalid or unconstitutional.
19 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this day of , 2004.
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PAM
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ERK
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\177045\3
Ordinance No. -
Page 3
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA j
3 COUNTY OF ORANGE ss.
CITY OF TUSTIN
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5 ORDINANCE NO.
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PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
7 Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance No. was
8 duly and regularly introduced and read at the regular meeting of the City Council held on the
day of , 2004, and was given its second reading, passed and
9 adopted at a regular meeting of the City Council held on the day of
10 ' 2004, by the following vote:
11 COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
12 gg~~g:t~ê~~g~~ ~~~è~~ED:
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PAMELA STOKER, CITY CLERK
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17 Published:
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\177045\3
Blacklined Ordinance
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTIONS 1623, 1625,
AND 6104 OF THE TUSTIN CITY CODE
4
5
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. Purposes
6
1. One purpose of this ordinance is to amend the purchasing provisions to
7 clarify the City Manager's authority to enter into contracts for personal services.
, 8 2. Another purpose of this ordinance is to amend the section prohibiting the
9 obstruction of free passage in public places to delete the reference to loitering so as to
comply with current state law.
10 SECTION 2. Subsection (b) of Section 1623 of the Tustin City Code entitled,
11 Purchasing Agent, is hereby amended to read as follows:
12
b
Power and Duties
13 The purchasing agent shall, subject to the provisions of this Part and other applicable
provisions of this Code and of state law:
(1) Purchase or contract for the supplies and equipment required by the using
14 agency in accordance with the purchasing procedures set forth in this article and submit to
15 the City Council for award contracts for all purchases of supplies, materials, equipment and
contractual services in amounts or estimated amounts in excess of ten thousand dollars
16 ($10,000.00);
(2) Negotiate and recommend the execution of contracts for the purchases of
17 supplies and equipment;
(3) Act to procure for the City the needed quality in supplies and equipment at the
18 least expense to the City;
141 Endeavor to obtain as full and open competition as possible on all purchases;
19 5 Prepare rules governing the purchase of supplies and equipment for the City;
6 Prepare revisions and amendments to the purchasing rules;
20 7 Keep informed on the current developments in the field of purchasing and the
prices, market conditions, and new products;
(8) Prescribe and maintain such forms as are reasonably necessary for the
operation of the provisions of this article and other rules and regulations;
(9) Supervise the inspection of all supplies and equipment to ensure their
conforrnance with specifications;
23 (10) Direct the transfer of surplus or unused supplies and equipment between
agencies as needed and the sale of all supplies and equipment which cannot be used by any
24 agency or which have become unsuitable for City use;
(11) Maintain a bidder's list, vendor's catalog file, and the records needed for the
25 efficient operation of the purchasing function; and
(12) Upon request of the City Council and, subject to its approval of each
26 transaction, perform all delegable functions in connection with acquisition and disposal of
real property, except acquisition by legal proceedings.
~:~~
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177372.1
177372.1
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Ordinance No. -
Page 2
SECTION 3. Subsection (c)(3)(i) of Section 1625 of the Tustin City Code entitled,
Purchasing Procedure, is hereby amended to read as follows:
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Nothing contained in this section shall prohibit the purchasing agent to negotiate, or
., . . . into contracts for services of a
. Dersona( services wit~out formal
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SECTION 4. Section 6104 of the Tustin City Code entitled, Prohibition on Loitering so
6 as to Obstruct Passage, is hereby amended to read as follows:
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Prohibition of Loitoring
Obstruct Passage
a Public Property
So As To
No person, after first being warned by a law enforcement officer, shailioitor, stand, si~
10 or lie in or upon any public street, sidewalk, curb, crosswalk, walkway area,! or mall so as to
hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person
11 block, obstruc~ or prevent the free access to the entrance of any building open to the public.
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b Private Property Open to the Public
13 No person after first being warned by a law enforcement officer, or where a sign or
14 signs have been posted in accordance with this section, shall loiter, stand, sit or lie in or
upon any portion of private property utilized for public space, so as to hinder or obstruct the
15 free passage of pedestrians or vehicles thereon; shall any person block, obstruct,i or prevent
the free access to the entrance of any building open to the public.
16 SECTION 5. If any section, subsection, sentence, clause, phrase,! or portion of this
17 ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
18 of this ordinance. The City Council of the City of Tustin hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase~ or portion.
19 thereof irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
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PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this day of , 2004.
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TONY KAWASHIMA, MAYOR
PAMELA STOKER, CITY CLERK
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177372.1
Ordinance No. -
Page 3
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA ¡
3 COUNTY OF ORANGE ss.
CITY OF TUSTIN
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5 ORDINANCE NO.
6
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
7 Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance No. was
8 duly and regularly introduced and read at the regular meeting of the City Council held on the
day of , 2004, and was given its second reading, passed and
9 adopted at a regular meeting of the City Council held on the day of
10 ' 2004, by the following vote:
11 COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
12 gg~~g:t~ê~~g~~ ~~~è~~ED:
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PAMELA STOKER, CITY CLERK
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17 Published:
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