SR-100-002 (8)
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City Council Meeting: July 10, 2001 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution In Opposition To Senate Bill 974
Introduction
On February 23, 2001, Senator Tom Torlakson introduced Senate Bill 974 (SB 974)
which would apply the Public Contract Code to charter cities, such as Santa Monica,
unless specific ordinances are adopted that directly conflict with the code. This bill
would limit the flexibility that Santa Monica enjoys as a charter city to enact those
regulation, policies and procedures deemed necessary to best meet the unique needs
of the community. This report recommends adopting the attached resolution in
opposition of the measure.
Discussion
The City of Santa Monica has various regulations and policies in place that affect how
contracts are awarded and administered within the City that have been adopted to
address various community concerns. Currently, the state constitution “home rule”
doctrine allows city charters to take precedence over state statute in areas of local
concern. SB 974 would require the City to follow the Public Contract Code “…in the
absences of a specific exemption or a direct conflict with a city charter.” In addition to
limiting the local control Santa Monica currently enjoys over the administrating of public
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contracts, this bill would require the allocation of resources to analyze each section of
the Public Contract Code, City Charter and Municipal Code in order to enact the specific
exemptions or ordinances necessary to preserve the best interest of the community that
the current system provides.
In addition, the League of California Cities analyst has determined that passage of this
bill would cause numerous unnecessary lawsuits and legal disputes over whether or not
the City’s ordinances conflict with the Public Contracts Code. This could potentially add
to the expense incurred by the City if this bill is passed.
Budget/Financial Impact
Adoption of this resolution does not have any direct budget or financial impacts,
however, should this legislation be adopted by the state, future City costs are likely to
increase by an unknown amount.
Recommendations
Staff recommends that the Council adopt the attached resolution in opposition of Senate
Bill 974.
Prepared by: Craig Perkins, Director of Environmental and Public Works Management
Anthony Antich, P.E., City Engineer
Donald Patterson, Administrative Analyst
Attachments: Resolution
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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:
__________________________
MARSHA JONES MOUTRIE
City Attorney
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