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C.ITY.OF SAN BERN.bINO - REQUEST .R COUNCIL ACTION
From: Jarres F. Penman Subject:Resolution sul:mitting to the electors
proposed charter anendnent allowing the City to
Dept: City Attorney consider other factors on purchases and contracts.
Date: February 11, 1992 Resolution proposing a charter arrendm=nt allowing
the city to consider other factors on purchases
and contracts.
Synopsis of Previous Council action:
None.
Recommended motion:
waive further reading adopt the resolutions.
(
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Signature
Contact person: Jarres F. Penman
Phone: 5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct. Descriotionl
Finance:
Council Notes:
75-0262
Agenda Item No. 171- / g .
CITY.OF SAN BER~DINO - REQUEST "R COUNCIL ACTION
STAFF REPORT
Currently the Charter requires certain purchases and contracts
to be awarded to the lowest and best bidder. This proposed Charter
amendment would add as additional criteria besides low bid, past
experience, and expertise, and would allow the Mayor and Council to
add additional factors from time to time by ordinance.
DAB:js[staff.rpt]
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
ELECTORS PROPOSED CHARTER AMENDMENT WHICH WOULD ALLOW THE CITY TO
CONSIDER OTHER FACTORS ON PURCHASES AND CONTRACTS BESIDE LOWEST
BID AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE
CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF
SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A.
Resolution No.
has been adopted by the Mayor and
Common Council of the City of San Bernardino on this date,
, submitting to the electors of the City of San
Bernardino a proposed Charter Amendment, a copy of which is
attached hereto as Exhibit A and is hereby incorporated herein as
though fully set forth.
B. It is desirable that the special municipal election to
consider said proposed Charter Amendment be consolidated with the
primary election conducted by the County of San Bernardino on
Tuesday, June 2, 1992; that within the City of San Bernardino the
18 precincts, polling places and election officers for the two
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elections be the same; that the Board of Supervisors of the County
of San Bernardino canvass the returns of the City election; and
that the primary election and the special municipal election be
held in all respects as if there were only one election.
SECTION 2. Special Municipal Election Called. A special
municipal election is called and will be held in the City of San
Bernardino on Tuesday, June 2, 1992, for the purpose of submitting
to the qualified electors of the City, for their approval or
disapproval, the proposed Charter Amendment set forth in Exhibit
A attached hereto.
DAB/ses/Elect-3.res
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February 10, 1992
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SECTION 3.
Request for Consolidation of Elections.
Pursuant to Section 23302 of the Elections Code, the Mayor and
Common Council of the City of San Bernardino request that the
Board of Supervisors of the County of San Bernardino consolidate
the City's special municipal election with the primary election to
be held on Tuesday, June 2, 1992.
SECTION 4.
Measure.
The measure to be voted on at the
special municipal election as it is to appear on the ballot shall
be as follows:
MEASURE APPROVES A CHARTER
AMENDMENT TO ALLOW THE CITY TO
CONSIDER OTHER FACTORS IN PURCHASES
AND CONTRACTS BESIDE LOWEST BID
FOR THE
AMENDMENT
AGAINST THE
AMENDMENT
The measure shall be designated on the ballot by a letter
printed on the left margin of the square containing the
description of the measure as provided in the Elections Code of
the State of California.
SECTION 5. Canvass of Returns by Board of Supervisors. The
Board of Supervisors of the County of San Bernardino is hereby
authorized to canvass the returns of the special municipal
election called by this resolution and to conduct the special
election and the primary election in all respects as if there were
only one election with only one form of ballot. Results of the
municipal election shall be certified to the Mayor and Common
Council of the City of San Bernardino.
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DAB/ses/Elect-3.res
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February 10, 1992
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1 SECTION 6. Notice of Election. The City Clerk is hereby
2 directed to publish a notice of the municipal election which shall
3 contain the following:
4 A. The date of the election;
5 B. That the last day for receipt of primary arguments for
6 or against the measure has been established as 4:30 p.m. on
7 in the City Clerk's office, Second Floor, City Hall, 300
8 North "D" Street, San Bernardino, California;
9 C. That the last day for receipt of rebuttal arguments is
10 4:30 p.m. on in the City Clerk's office at the
11 above location.
12 The City Clerk is directed to accept arguments and arrange
13 for sample ballots, which shall include the text of the proposed
14 Charter Amendment, in accordance with Section 5010, et seq., and
15 Section 5350 of the Elections Code.
16 This notice may be combined with a notice of any other
17 special municipal election to be held on the same date.
18 SECTION 7. Conduct of Election. The special munic:ipal
19 election called by this resolution shall be held in such precincts
20 and at such polling places as shall be determined by the Registrar
21 of Voters of the County of San Bernardino. The Board of
22 Supervisors of the County of San Bernardino is hereby requested to
23 issue instructions to the Registrar of Voters to take all steps
24 necessary for the holding of the consolidated election. The Mayor
25 is hereby authorized to execute a contract for the services
26 necessary for conducting the municipal election.
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DAB/ses/Elect-3.res
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February 10, 1992
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RESOLUTION. . . TO CONSIDER OTHER FACTORS ON PURCHASES AND
CONTRACTS BESIDE LOWEST BID AND REQUESTING THAT SUCH SPECIAL
MUNICIPAL ELECTION BE CONSOLIDATED WITH THE PRIMARY ELECTION
CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
SECTION 8. Filing of Resolution. The City Clerk of the
City of San Bernardino is directed to file a certified copy of
this resolution with the Board of Supervisors of the County of San
Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
of , 1992.
day
Approved as to
form and legal content:
W. R. Holcomb, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
I'ses/Elect-3.res
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February 10, 1992
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PROPOSED CHARTER AMENDMENT NO.
Additions
Deletions
"Section 140. Advertisement for supplies, etc. The purchase of
any goods, equipment, materials, supplies, or other personal
property, except purchases from other governments or governmental
agencies or as otherwise excepted by law, shall be made in the
manner prescribed by ordinance which shall provide that such
purchases or contracts for purchases where the amount therefor
equals or exceeds an amount fixed by such ordinance, shall be open
to competitive bidding and that the procedures for such bidding
shall include public advertisement therefor, and consideration of
factors in the award including low bid, past experienc ertise,
and such other relevant factors as may be determined e Mayor
and Common Council from time to time
1!EEmII. The Mayor and Common Councilor any board or officer
advertising for sealed proposals hereunder shall have the power to
reject any and all bids and readvertise at their discretion."
award to the lowest and best
EXHIBIT "A"
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY ALLOWING THE CITY TO
CONSIDER OTHER FACTORS ON PURCHASES AND CONTRACTS BESIDE LOWEST
BID.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(a) In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors. The fOllowing proposed
amendment to the Charter of the City of San Bernardino is
submitted to the qualified electors of the City of San Bernardino
for their approval or rejection at the consolidated municipal
election to be held on Tuesday, June 2, 1992.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Section 140 of the Charter of the City of San
Bernardino be amended to read as follows:
"Section 140. Advertisement for supplies,
etc. The purchase of any goods, equipment,
materials, supplies, or other personal
property, except purchases from other
governments or governmental agencies or as
otherwise excepted by law, shall be made in
the manner prescribed by ordinance which
shall provide that such purchases or
DAB/ses/Sect-140.res
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February 10, 1992
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DAB/ses/Sect-140.res
contracts for purchases where the amount
therefor equals or exceeds an amount fixed
by such ordinance, shall be open to
competitive bidding and that the procedures
for such bidding shall include public
advertisement therefor, and consideration
of factors in the award including low bid,
past experience, expertise, and such other
relevant factors as may be determined by
the Mayor and Common Council from time to
time. The Mayor and Common Councilor any
board or officer advertising for sealed
proposals hereunder shall have the power to
reject any and all bids and readvertise at
their discretion."
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN
AMENDMENT OF THE CHARTER OF SAID CITY ALLOWING THE CITY TO
CONSIDER OTHER FACTORS ON PURCHASES AND CONTRACTS BESIDE LOWEST
BID.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
/
Bernardino at a
meeting thereof, held on the
day of
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
of , 1992.
day
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
Q."..." 7- ~~-w......"'
DAB/ses/Sect-140.res
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February 10, 1992