HomeMy WebLinkAboutORD 1287 (2004)
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
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.
1.
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.
2.
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 )
(2)
(3)
(4)
(5)
(6)
(7)
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);
Negotiate and recommend the execution of contracts for the
purchases of supplies and equipment;
Act to procure for the City the needed quality in supplies and
equipment at the least expense to the City;
Endeavor to obtain as full and open competition as possible on all
purchases;
Prepare rules governing the purchase of supplies and equipment
for the City;
Prepare revisions and amendments to the purchasing rules;
Keep informed on the current developments in the field of
purchasing and the prices, market conditions, and new products;
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(8)
(9)
(10)
(11 )
(12)
(13)
Prescribe and maintain such forms as are reasonably necessary for
the operation of the provisions of this article and other rules and
regulations;
Supervise the inspection of all supplies and equipment to ensure
their conformance with specifications;
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;
Maintain a bidder's list, vendor's catalog file, and the records
needed for the efficient operation of the purchasing function;
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
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
Ordinance No. 1287
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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.
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.
1~
Mayor
ATTEST:
~~
City Clerk
Ordinance No. 1287
Page30f4
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the
foregoing is a full, true and correct copy of the Ordinance introduced at a regular
meeting of the City Council of the City of Tustin duly held on August 2, 2004, of which
meeting all of the members of said City Council had due notice and at which a majority
thereof were present; and was finally passed and adopted not less than five days
thereafter on August 16, 2004, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
KAWASHIMA, BONE, DAVERT, THOMAS
NONE
NONE
HAGEN
(4)
(0)
(0)
(1)
~cQí? ~
PAMELA STOKER,
City Clerk
Ordinance No. 1287
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