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ORDINANCE NO. 2149
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADDING
CHAPTER l[ TO ARTICLE I OF THE ARCADIA
MUNICIPAL CODE EXEMPTING THE CITY FROM
THE REQUIREMENTS OF THE PUBLIC CONTRACT
CODE
WHEREAS, the City of Arcadia, a charter city, has accepted the offer of
California Constitution Article XI, section 5 by declaring in Section 200 of the
City's Charter that the City shall haye the power to make and enforce all laws and
regulations in respect to municipal affairs, subject only to such restrictions and
limitations as may be proyided in the Charter; and
WHEREAS, Section 1100.7 of the Public Contract Code, effectiye January
I, 2001, proyides that the Public Contract Code applies to charter cities in the
absence of an express exemption or a city charter proyision or ordinance that
conflicts with the relevant provisions of the Public Contract Code; and
WHEREAS, the City has, by City of Arcadia Charter section 1212, proyided
for certain aspects of bidding on certain public works and projects, but wishes to
ensure that the City is immune from the requirements of the Public Contract Code
since public works and projects are a municipal affair.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
2149
SECTION 1.
Article I of the Arcadia Municipal Code is amended by
adding Chapter II to read in its entirety as follows:
"CHAPTER 11.
INAPPLICABILITY OF PUBLIC CONTRACT CODE
1930. INAPPLICABLITY OF PUBLIC CONTRACT CODE. The
Public Contract Code shall not apply to any public works, public project or
public works contract of the City of Arcadia, unless expressly made
applicable by City Charter, ordinance, resolution, regulation or as expressly
provided in a public works contract entered into by the City."
SECTION 2:
The proyisions of this Ordinance are hereby expressly
made severable. If any proyision(s) of this Ordinance or its application to any
person, material, place or circumstance is held to be inyalid, that invalidity shall
not affect other provisions or application of this Ordinance which can be given
effect without the inyalid provision or application.
SECTION 3:
The City, as the lead agency under CEQA, determines
that this Ordinance is exempt from enyironmental review pursuant to State CEQA
Guidelines sections 15378(b)(2),(4) and (5) and section 3.01 of the City of
Arcadia Local Guidelines for Implementing CEQA because the Ordinance
concerns goyernment fiscal activities that do not involye any commitment to a
specific project that may result in a potentially significant physical impact and is a
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2149
continuing administrative activity.
SECTION 4:
The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of the same to be published in the official
newspaper of said City within fifteen (15) days after its adoption. The Ordinance
shall take effect thirty (30) days after its enactment, in accordance with the
proyisions of California law.
Passed, approved and adopted this
4th
day of December
,2001
ATTEST:
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APPROVED AS TO FORM:
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City Attorney
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2149
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I. JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby celiities that the
foregoing Ordinance No. 2149 was passed and adopted by the City Council of the City
of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 4th day of December, 200 I and that said Ordinance was
adopted by the following vote, to wit:
AYES: Council member Chandler, Chang, Kovacic, Marshall and Segal
NOES: None
ABSENT: None
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2149