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HomeMy WebLinkAbout2149 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 2 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: ><'-'U-- IJ a , cY '- APPROVED AS TO FORM: r ~r~ City Attorney 3 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 4 2149