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HomeMy WebLinkAboutNS-2963 - Amending Section 2-1, Section 2-801, and Section 33-201 of Santa Ana Municipal Code Relating to City Manager Authority...SC 3.19.2019 ORDINANCE NO. NS -2963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-1, SECTION 2-801, AND SECTION 33-201 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY MANAGER'S AUTHORITY TO BIND THE CITY TO NON-PUBLIC WORKS AND PUBLIC WORKS CONTRACTS, INCREASING THE CITY MANAGER'S CONTRACT AUTHORITY FOR NON-PUBLIC WORKS CONTRACTS TO $50,000 AND PUBLIC WORKS CONTRACTS TO $250,000, AND REORGANIZING THE CITY MANAGER'S CONTRACT AUTHORITY UNDER CHAPTER 2, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Sections 421(b) (non-public works contracts) and 422(c) (public works contracts) of the City of Santa Ana Charter, the City Council may, by ordinance, authorize the City Manager to bind the City on contracts at amounts that may be established from time to time by the City Council. B. Currently, the City Manager is authorized to bind the City to both non-public works contracts and public works contracts in an amount not to exceed twenty- five thousand dollars ($25,000). All contracts and agreements over $25,000 must be approved by the City Council. C. Regardless of the contract amount, all contracts must comply with the City's Purchasing Policies & Procedures designed to ensure fair and competitive procurement practices. D. On average, the City Council is currently presented with over 250 contracts and agreements for approval annually. The process to obtain City Council approval can be lengthy and requires a substantial amount of City staff time. This process also adversely impacts the City's ability to provide efficient and timely delivery of services to its constituents and businesses. E. Increasing the City Manager's contracting authority for both non-public works and public works contracts and change orders to such contracts will free staff time to devote to other necessary public services. Ordinance No. NS -2963 Page 1 of 4 F. Increasing the City Manager's contracting authority for both non-public works and public works contracts and change orders to such contracts will also streamline the process to execute Public Works Agency contracts and agreements for the construction, rehabilitation, maintenance, testing and inspection of public infrastructure, thereby improving the delivery of services necessary for the continued enhancement and preservation of such public infrastructure. G. Reorganizing the City Manager's contracting authority from three different articles in the Municipal Code into one Article will provide a concise and organized location within the Municipal Code for City Staff and the public to reference this delegation of authority by the City Council to the City Manager, as provided under the City Charter. Section 2. Section 2-1 of Chapter 2, Article I of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 2-1. — Reserved. Section 3. Section 2-801 of Chapter 2, Article VII of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 2-801. — Reserved. Section 4. Section 33-201 of Chapter 33, Article VIII of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 33-201. — Reserved. Section 5. Chapter 2, Article VII of the Santa Ana Municipal Code is hereby amended to read as follow: ARTICLE VII. — CITY MANAGER'S CONTRACTING AUTHORITY Section 2-748. — City manager's contracting authority. (a) Non-public works contracts 1. The city manager is authorized to bind the City to any one or more written non-public works contract, per vendor, in an amount or amounts not exceeding the sum of fifty thousand dollars ($50,000.00). For purposes of this section, a non-public works contact shall mean any contact not deemed to be a public works contract under subsection (b)(1). (b) Public works contracts Ordinance No. NS -2963 Page 2 of 4 SC 3.19.2019 The city manager is authorized to bind the City to any one or more written public works contract, per vendor, in an amount or amounts not exceeding the sum of two hundred and fifty thousand dollars ($250,000.00). For purposes of this section, a public works contact shall be deemed to mean a project for the erection, improvement, and/or maintenance, inspection, testing and repair of public buildings, streets, drains, sewers, or parks. 2. The city manager is authorized to bind the city to any one written contract for emergency public works construction in an amount not exceeding the sum of one hundred thousand dollars ($100,000.00). 3. The city manager of the City of Santa Ana is hereby authorized to bind the City of Santa Ana on change orders to any one public works contract, per vendor, without previous city council approval when such change order for any one (1) public works contract, together with any previously approved change orders for said contract, do not cumulatively amount to an increase of the city's expenditure obligation under said contract of more than ten (10) per cent of the original contract amount, or the amount of twenty-five thousand dollars ($25,000.00), whichever is the greater. Section 2-749 — Reserved. Section 6. 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 Santa Ana 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 become effective thirty (30) days following its second reading and its adoption. Section 8. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Santa Ana, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Ordinance No. NS -2963 Page 3 of 4 ADOPTED this 1911 day of March, 2019. APPROVED AS TO FORM: R. Sonia Carvalho City Attorney AYES: Councilmembers: NOES: Councilmembers: Penaloza Pulido, Solorio Villegas (4) Iglesias (1) ABSTAIN: Councilmembers: None (0) ABSENT: Councilmembers: Sarmiento (1) * Ward 4 representative vacant. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -2963 to be the original ordinance adopted by the City Council of the City of Santa Ana on March 19, 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 2-023--19 Ordinance No. NS -2963 Page 4 of 4 &�K Norma Mitre Acting Clerk of the Council City of Santa Ana