Item 2.2 - 2nd Reading and Adoption of Ord. No. 810; Repealing Section 3.28.080 of the PMC and Adding a New Section 3.28.0800
i — City of Poway
`�hTME` COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
Ordinance No. O
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Nancy Neufeld, City Clerk -Avd
(858) 6684535 or nneufeld@poway.org
SUBJECT: Second Reading and Adoption of Ordinance No.810 entitled,
"An Ordinance of the City of Poway, California, Repealing
Section 3.28.080 of the Poway Municipal Code and Adding a
New Section 3.28.080 Pertaining to Purchasing"
Summary:
The introduction and first reading of the above -entitled Ordinance was approved at a
Regular City Council Meeting on September 19, 2017. All Councilmembers were present.
There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES: Cunningham, Grosch, Mullin, Leonard, Vaus
ABSTAINED: None
ABSENT: None
DISQUALIFIED: None
Recommended Action:
Adopt Ordinance No. 810
Fiscal Impact:
None.
Environmental Review:
This item is not subject to CEQA review.
Public Notification:
The Ordinance will be published in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway, within fifteen (15) days after its passage.
1 of 5 October 3, 2017, Item # 2.2
Attachment:
A. Ordinance No. 810
Reviewed/Approved By: Reviewed By:
Wendy K rman
Assistant City Manager
Morgan Foley
City Attorney
Approved By:
Tina White
City Manager
2 of 5 October 3, 2017, Item # 2.2
ORDINANCE NO. 810
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
REPEALING SECTION 3.28.080 OF THE POWAY
MUNICIPAL CODE AND ADDING A NEW SECTION
3.28.080 PERTAINING TO PURCHASING
WHEREAS, the City of Poway enacted its Purchasing Code, codified at Chapter
3.28 of the Poway Municipal Code, in 1982;
WHEREAS, the City of Poway last revisited its Purchasing Code in 2008; and
WHEREAS, there is a need to update the City's Purchasing Code, in order to
increase the purchase threshold of open market supplies, equipment, materials and
services from the $1,000 threshold at which it stands to $10,000;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 3.28.080 of Chapter 3.28 of the Poway Municipal Code is
hereby repealed.
SECTION 2: A new section 3.28.080 is hereby added to Chapter 3.28 of the
Poway Municipal Code to read as follows:
3.28.080 Exceptions to bidding requirements.
Where otherwise required by this chapter, formal or informal bidding procedures may
be waived, at the discretion of the City Manager or his or her designee, when:
A. An emergency requires that the supplies, services or equipment be acquired from
the nearest available source or vendor.
B. The supplies, services or equipment can be obtained from only one vendor or
source.
C. The supplies or equipment are required to match or be compatible with other
supplies or equipment previously purchased by the City.
D. The City Manager or City Council has established a standardized type or make of
supplies or equipment for the City.
E. The City Manager, or his or her designee, determines that competitive bidding is
impossible, or not in the public's interest.
F. Services, other than a public project, as defined by Public Contracts Code Section
20161, are to be performed entirely by City forces.
3 of 6 October 3, 2017, Item # 2.2
G. For public projects, as defined by Public Contracts Code Section 20161, no bids
are received, or the City Council has rejected all bids pursuant to Public Contracts Code
Section 20167, and any amendments thereto.
H. The value of the supplies, services or equipment to be purchased does not exceed
$10,000.
Open market purchases for supplies or equipment shall, wherever possible, be
based on at least three bids and shall be awarded to the lowest responsible bidder. The
lowest responsible bidder will be the individual or firm who submits a responsible bid
based on total cost, and which is determined to be the most advantageous to the City.
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in
accordance with Government Code § 36933.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway, California held the 19th day of September 2017, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
4 of 5 October 3, 2017, Item # 2.2
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that
the foregoing Ordinance No. 810, was duly adopted by the City Council at a regular
meeting of said City Council held on the 3rd day of October 2017, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
5 of 5 October 3, 2017, Item # 2.2