R-9684
EPWM:CC:AA:DP F:\DATA\SPFILES\SP-MISC\cc Reports\ccProp35.doc
City Council Meeting: July 10, 2001 Santa Monica, California
RESOLUTION NUMBER~(CCS)
CITY COUNCIL SERIES
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA IN OPPOSITION TO SENATE
BILL 974 - AMENDMENT TO THE PUBLIC CONTRACT CODE
WHEREAS, the City of Santa Monica currently has the authority and duty to
respond to local concerns and to provide rules that best meet the needs of the
community; and
WHEREAS, the constitutional "home rule" doctrine grants precedence to a city
charter over a conflicting state statute in areas of local concern and thereby provides
the flexibility for charter cities to exercise local control; and
WHEREAS, Senate Bill 974 specifies that the Public Contract Code is the basis
of contracts between most pubic entities and their contractors and subcontractors and
that this code applies to charter cities in the absence of a specific exemption or
ordinance that is in direct conflict with the relevant provision of the code; and
WHEREAS, Senate Bill 974 would cause city ordinances now in place to be
rewritten by state law, causing unnecessary confusion over which law applies; and
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WHEREAS, the current system allows the City of Santa Monica the flexibility to
adopt ordinances, regulations, policies and procedures which address the specific
concerns of the community,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Santa of Santa Monica opposes Senate Bill 974, which
will limit the flexibility to respond to community concerns and provide rules which best
meet the needs of the City.
SECTION 2. The City Clerk shall certify to the adoption of the resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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MARSHA JONES MOUTRIE
City Attorney
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Adopted and approved this 10th of July, 2001.
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Michael Feinstein, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9684 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 10th of July, 2001, by the
following vote:
Ayes: Council members:
McKeown, Genser, Katz. Mayor Pro Tem
Bloom, Mayor Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Council members:
Holbrook, O'Connor
ATTEST:
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Maria Stewart, City CIE~rk