HomeMy WebLinkAbout19-02 - Urgency Ordinance amending Section 2-165, Bidding ProceduresURGENCY ORDINANCE NO. 19-02
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING SECTION 2-165 (BIDDING REQUIRED; EXCEPTIONS) OF
ARTICLE 2 (PURCHASING) OF CHAPTER V (FINANCE) OF TITLE 2
(ADMINISTRATION) OF THE COSTA MESA MUNICIPAL CODE
WHEREAS, pursuant to Government Code sections 54201 through 54203, local
agencies are required to adopt, by ordinance, policies and procedures, including bidding
regulations, governing the purchases of supplies and equipment by the local agency; and
WHEREAS, the City of Costa Mesa ("City") adopted such policies and procedures
via Ordinance No. 96-15 in 1996, codified at Sections 2-162 through 2-171 of the Costa
Mesa Municipal Code ("Municipal Code"); and
WHEREAS, Section 2-165 of the Municipal Code requires that the purchase of
supplies, services, and equipment and the sale of personal property be by the bid
procedures set forth in Sections 2-166, 2-167, and 2-168, and further sets forth situations
that are exempt from the bidding requirements; and
WHEREAS, due to the City's ongoing litigation involving homeless shelter issues
within the City and County as well as the Ninth Circuit Court of Appeals' decisions in Jones
v. City of Los Angeles (444 F.3d 1118 (9th Cir. 2006)) and Martin v. Boise (902 F.3d 1031
(9th Cir. 2018)), the City is unable to enforce its prohibition against camping on public
property unless it provides shelter beds; and
WHEREAS, the need to enforce the prohibition against camping on public property
is necessary for the immediate preservation of the public health, safety, and welfare of the
City of Costa Mesa; and
WHEREAS, if the City is required to follow its existing bidding requirements and
procedures, it will be required to competitively procure certain goods and services relating
to providing shelter beds, which would add a minimum of approximately two (2) months to
an individual procurement; and
WHEREAS, such requirements would delay the City's ability to procure goods and
services in connection with providing shelter beds, and such delay will result in the City
continuing to be unable to enforce City the prohibition against camping on public property;
and
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WHEREAS, the City desires to amend Section 2-165 to add additional exemptions
from the bidding requirements to enable the City to obtain more favorable pricing on goods
and services and to increase the City's flexibility and efficiency in procuring goods and
services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that all the recitals set forth in the
preamble of this Ordinance are true and correct.
Section 2. Findings. The City Council makes and adopts as findings the facts and
conclusions set forth in the preamble of this Ordinance and, for the reasons set forth in the
recitals, finds that adoption of an urgency ordinance amending Section 2-165 of the
Municipal Code is necessary for the immediate preservation of the public health, safety, and
welfare of the City of Costa Mesa.
Section 3. Municipal Code Amendment. Section 2-165 of Article 2 of Chapter V
of Title 2 of the Costa Mesa Municipal Code is hereby amended to add subsections (b)(5)
and (b)(6) as follows:
(1) An emergency requires that an order be placed with the nearest available
source of supply;
(2) The amount involved is less than five thousand dollars ($5,000.00);
(3) The commodity or service can be obtained from only one (1) vendor;
(4) Professional services contracts for accountants, attorneys, architects,
engineers, surveyors, and construction managers subject to sections 4526
through 4529.5 and 37103 of the Government Code;
(5) The purchase of supplies, equipment, or services through a cooperative
purchasing agreement or program, or by using a competitively awarded
agreement of another local, state, or federal government agency or joint
powers authority made up of government agencies to obtain the same
supplies, equipment or services at the same or lower prices (commonly
referred to as "piggybacking"). Such programs and agreements include, but
are not limited to, the California Multiple Award Schedules Program (CMAS),
the U.S. General Services Administration (GSA) Multiple Award Schedule
Urgency Ordinance No. 19-02 Page 2 of 4
Program, Sourcewell, and the U.S. Communities Government Purchasing
Alliance; and
(6) When the city council determines, by minute action or resolution, that
compliance with the bidding requirements and procedures is inefficient,
impractical, or not in the best interest of the city, based on specifically identified
conditions and supported by substantial evidence in the record.
Section 4. Environmental Compliance. This Ordinance has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061(b)(3) (General Rule) of the CEQA Guidelines because it can be seen with
certainty that there is no possibility that the passage of this Ordinance will have a significant
effect on the environment.
Section 5. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
Section 6. Severability. 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 Costa Mesa hereby
declares that it would have adopted this Ordinance and each section, subsection, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 7. Effective Date. This Ordinance shall take effect immediately.
Section 8. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be published or posted in the manner required
by law.
ASSED AND ADOPTED this 15th day of January, 2019.
Katrin4 Foe , Mayor
Urgency Ordinance No. 19-02 Page 3 of 4
ATTEST:
Brenda Green, ty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
1
-4& * &')
Kimberly Frall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Urgency Ordinance No. 19-02 was duly introduced and
adopted at the regular meeting of the City Council of the City of Costa Mesa held on the 15th
day of January, 2019, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GENIS, MANSOOR, MARK, REYNOLDS,
STEPHENS, FOLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City
of Costa Mesa this 16th day of January, 2019.
OYDAA
Brenda Green, Oity Clerk
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