HomeMy WebLinkAbout11 PURCHASING PROCEDURES - ORD 1287 08-02-04
AGENDA REPORT
Agenda Item
Rewewed: ~
City Manager
Finance Director
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MEETING DATE:
August 2,2004
TO:
William A. Huston, City Manager
FROM:
Ronald A. Nault, Finance Director
SUBJECT:
ORDINANCE NO. 1287, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 1623, 1625, AND
6104 OF THE TUSTIN CITY CODE
SUMMARY:
After the first reading of the above Ordinance at the July 19th City Council meeting, it was
discovered that the intended amendment to Section 1623b(1) was left out of the Ordinance in
error. The attached Ordinance No. 1287 has been corrected to include the requested change.
RECOMMENDATION:
Have first reading of Ordinance No. 1287, an Ordinance of the City Council of the City of Tustin,
California, amending Sections 1623, 1625, and 6104 of the Tustin City Code.
FISCAL IMPACT:
None.
DISCUSSION:
Ordinance No. 1287 is intended to amend the City's purchasing procedures to be consistent
with the Uniform Cost Accounting procedures adopted by the City Council last year. An earlier
draft inadvertently was included in the July 19th agenda packet by mistake. The attached
copies have the proposed correction included under Powers and Duties.
Procedurally, the City Council will have to have the first reading again. Staff apologizes for any
conf ion created regarding this item.
c Director
Attachments
U :\Nault( RAN )\Ordinance 1287StaffReport.doc
ORDINANCE NO. 1287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTIONS 1623, 1625, AND 6104 OF
THE TUSTIN CITY CODE
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. Purposes
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.
SECTION 2. Subsection (b) of Section 1623 of the Tustin City Code entitled,
Purchasing Agent, is hereby amended to read as follows:
b
Power and Duties
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
twenty-five thousand dollars ($25,000.00);
(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;
Ordinance No. 1287
Page 2 of 4
(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;
(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; and
(13) Negotiate and enter into agreements for personal services in any
amounts, provided that such agreements are within the City's budget and except for
Bond Counsel services, that the City Attorney consents to such agreements for attorney
services.
SECTION 3. Subsection (c)(3)(i) of Section 1625 of the Tustin City Code entitled,
Purchasing Procedure, is hereby amended to read as follows:
Nothing contained in this section shall prohibit the purchasing agent from
negotiating and entering into contracts for personal services without formal bid
procedures.
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:
Prohibition of Standing, Sitting, or Lying In or Upon Property So As To Obstruct
Passage
a.
A Public Property
No person, after first being warned by a law enforcement officer, shall stand, sit,
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 block, obstruct, or prevent the free access to the entrance of any building
open to the public.
b.
Private Property Open to the Public
No person after first being warned by a law enforcement officer, or where a sign
or 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 passage of pedestrians or vehicles thereon; (nor) shall any person block,
obstruct, or prevent the free access to the entrance of any building open to the public.
Ordinance No. 1287
Page 3 of 4
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 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 adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 16th day of August, 2004.
Tony Kawashima, Mayor
Pamela Stoker, City Clerk
Ordinance No. 1287
Page 4 of 4
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF TUSTIN )
ORDINANCE NO. 1287
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the
City of 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. 1287 was duly and regularly introduced and read at the regular
meeting of the City Council held on the 2nd day of August, 2004, and was given its
second reading, passed and adopted at a regular meeting of the City Council held
on the 16th day of August, 2004, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Pamela Stoker, City Clerk
Published:
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
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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 te-R twentv-five thousand
dollars ($10,000.00) ($25,000.00);
(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.
(~e anq enter into aareements for oersonal services in anv aQ'lounts.
~hat such aareements are within the Citv's budaet and exceot for Bond Counsel
~hat the Citv Attornev consents to such aareements for attornev services.
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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:
Nothing contained in this section shall prohibit the purchasing agent to negoti::Üe, or
the City Council to enterfrom neaotiatina and enterina into contracts for services of 3
professional nature, including architectur31 3nd engineeringoersonal services without formal
bid procedures. Except for those items so required by Government Code Sections 37901
cmd 37902.
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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:
Prohibition of LoiteringStandina. Sittina. Or Lvina In Or Uoon Prooertv So As To
Obstruct Passage
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a Public Property
No person, after first being warned by a law enforcement officer, shall loiter, stand, sit!,
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
block, 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
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~ or prevent
the free access to the entrance of any building open to the public.
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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
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
adopted this ordinance and each section, subsection, sentence, clause, phrase~ or portion
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
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PAMELA STOKER, CITY CLERK
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Ordinance No.
Page 3
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ORDINANCE CERTIFICATION
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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
, 2004, by the following vote:
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11 COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
12 CCOOUUNCCILPEERRSSOONSS AABBSSTEAITNED:
N ILP N N :
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PAMELA STOKER, CITY CLERK
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17 Published:
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177372.1
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