ORDINANCE NO. ____
AN ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 3.20 OF TITLE 3 OF THE EL CAJON MUNICIPAL
CODE ADDRESSING BIDDING AND WRITTEN CONTRACTS
WHEREAS, section 400 of the El Cajon City Charter provides that the City is exempt from California laws regulating public contracting and purchasing, unless otherwise provided by the Charter or by City ordinance; and
WHEREAS, Chapter 3.20 of the El Cajon Municipal Code provides the regulations for bidding and purchasing of equipment, services, supplies, or other personal property, and for expenditures for public works projects for the City; and
WHEREAS, it is the intent of the El Cajon City Council ("City Council") to provide greater flexibility in the acquisition of equipment, services, supplies, or other personal property because it is in the best interests of the City; and
WHEREAS, it is the intent of the City Council to provide greater flexibility for the City to perform public works projects by force account or by contracts in excess of $5,000 and up to $2 50,000 without following formal bid procedures because it is in the best interests of the City to perform work efficiently; and
WHEREAS, California Public Contract Code (the " Code") section 1100.7 recognizes that a charter city may exempt itself from the application of the Code through its charter or adoption of an ordinance that is different than, and therefore in conflict with, the Code; and
WHEREAS, the provisions set forth in this ordinance will conflict with provisions in the Code and shall prevail over the procedures in the Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:
SECTION 1: Findings. That the foregoing recitals are true and correct and are findings of fact of the City Council with regard to this amendment of Chapter 3.20 of the El Cajon Municipal Code.
SECTION 2: Amendment. Sections 3.20.010; 3.20.020; 3.20.060; 3.20.120; and
3.20.130 of Chapter 3.20 of Title 3 of the El Cajon Municipal Code are hereby amended to read as set forth in Exhibit “A.”
SECTION 3. Effective Date. This ordinance shall be effective thirty (30) days after its adoption.
SECTION 4. Publication. The City Clerk shall certify the adoption of this ordinance and within fifteen (15) days after its adoption, the City Clerk of the City of El Cajon shall cause this ordinance to be published pursuant to the provisions of Government Code
section 36933.
SECTION 5. Severability. The City Council of the City of El Cajon intends this ordinance to supplement not duplication or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectivenes s of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this ordinance are declared to be severable.
EXHIBIT "A"
§ 3.20.010 Bidding and written contracts—When required.
The city council hereby provides that the city is exempt from the application of section 20162 the California Public Contract Code, and said section shall not apply to requirements and procedures for bids, sealed bids, quotes, proposals, or competitive solicitation, in the purchasing of equipment, services, supplies, or other property, or for expenditures involving a public project, except as otherwise provided in this chapter.
A. Sealed bids shall be obtained for all purchases of equipment, supplies or other personal property in excess of two hundred thousand dollars; for services in excess of one hundred thousand dollars; and for the purchase of any military equipment, and for all expenditures involving a public project in excess of the limits established in subsections (A)(1) through (3) below.
1. Public projects of fifty thousand dollars or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
2. Public projects of more than fifty thousand dollars and up to two hundred fifty thousand dollars may be let by contract or purchase order after receiving not less than three written quotes.
3. Public projects of more than two hundred fifty thousand dollars must, except as otherwise provided in this chapter, be let to contract by formal bidding procedure.
B. Sales and purchases of equipment, services, supplies or other personal property shall be by written contract with the lowest (in the case of purchases), or highest (in the case of sales), responsible bidder pursuant to the procedure prescribed by this chapter, unless waived pursuant to subsection (C) of this section.
C. Except as otherwise provided in subsection (D), the bidding procedures of this chapter may be waived, and an open market acquisition, sale, or purchase pursuant to section 3.20.110 of this chapter may be authorized by:
1. The city manager, or his or her designee, for all acquisitions, purchases, and sales of equipment not exceeding two hundred thousand dollars and services not exceeding one hundred thousand dollars, when:
a. The commodity or service can be obtained from only one source;
b. The commodity or service is required to match or be compatible with other furnishings, material, services, or equipment presently on hand, and is to be purchased from the supplier of such on-hand items;
c. The city manager or city council has ordered a standardized type or make of commodity; or
d. The city manager, or his or her designee, determines that due to special circumstances, it is in the city's interest to waive the bidding requirement;
2. The city manager, or his or her designee, for all expenditures not involving a public project, when an emergency requires that the commodity or services must be obtained from the nearest available source;
3. The city manager, or his or her designee, when services, supplies, or equipment may be acquired from or in cooperation with another governmental agency that is acquiring or has acquired services, supplies or equipment in a process that accomplishes the purposes of this chapter;
4. The city manager, or his or her designee, when services, supplies, or equipment may be acquired under a competitively-bid California state contract;
5. The city council, for all expenditures not involving a public project when any of the circumstances stated in subsections (C)(1) through (C)(4) of this section exist, or when the city council determines that due to special circumstances it is in the city's interest to waive the bidding requirement; or
6. The city council, for all expenditures involving a public project over the limits established in subsections (A)(1) through (A)(3) of this section, or if authorized by the Public Contract Code, the Government Code, or by the courts of this state.
D. The waiver of bidding procedures set out in subsections (C)(1) through (C)(4) are not applicable to the purchase of military equipment as that term is defined in this chapter.
E. Notwithstanding subsections (A) through (D), military items classified as "consumable ammunition or munitions" under the military equipment use policy, which were previously authorized by the city council, the city council gives the Department prior approval to purchase such items without returning to the city council in the following circumstance:
When stocks of consumable ammunition or munitions previously authorized by the city council have reached significantly low levels or are exhausted, the Department may resupply the consumable items in that calendar year without prior city council approval i n order to maintain safe levels of essential and necessary availability of said ammunition or munitions.
§ 3.20.020 Notices soliciting bids—Required—Publication—Posting.
A. When a public project in excess of two hundred fifty thousand dollars is involved, notice inviting bids shall be published in accordance with section 20164 of the California Public Contract Code.
B. When public expenditures in any dollar amount relate to the acquisition of military equipment for department purposes, as those terms are defined in this chapter, the notice inviting bids shall be published in accordance with section 20164 of the California Public Contracts Code.
C. Other than contracts for public projects, and unless the bidding process is waived pursuant to section 3.20.010(C) of this chapter, notice inviting bids shall be made in accordance with applicable law and in the form and manner specified in this chapter. If the bidding process is waived pursuant to section 3.20.010(C)(1) of this chapter, or by the city council based on those circumstances listed in section 3.20.010(C)(5), the purchasing agent shall notify all qualified prospective bidders registered with the city no fewer than ten calendar days prior to the date set for submission of quotes or proposals.
§ 3.20.060 Bidder's security.
A. When a public project in excess of two hundred fifty thousand dollars is involved, security shall accompany the bid presented in accordance with sections 20170 through 20174 of the California Public Contract Code.
B. When no public project is involved, bidder's security is not required except when deemed necessary by the purchasing agent. In such case, it shall be prescribed in the public notices inviting bids under the provisions of this chapter. Bidders shall be entitled to return of such bid security; provided, however, that a successful bidder shall forfeit its bid security upon refusal or failure to execute a contract within ten days after the notice of award of a contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
§ 3.20.120 Authority of the city manager to sign nonpublic contracts of two hundred thousand dollars or less for equipment and one hundred thousand dollars or less for services.
A. Except as provided in section 3.20.010(D), the city council authorizes the city manager, or his or her designee, to sign non-public contracts pursuant to section 40602 of the Government Code, when said contracts do not exceed the sum of two hundred thousand dollars for equipment and one hundred thousand for services for the initial term of the contract.
The city manager, or his or her designee, is also authorized to sign any amendments to non- public contracts to extend, or renew, additional terms that do not exceed a period of one year each, and do not exceed the sum of two hundred thousand dollars for equipment and one hundred thousand for services.
B. Except as provided in section 3.20.010(D), and within the same dollar amount set out in subsection (A) of this section, the city manager, or his or her designee, is authorized to participate in joint and cooperative nonpublic works contracts with the state of California, the county of San Diego, school districts, water districts, and such other agencies as the council may direct.
C. The city manager, or his or her designee, may sign contracts for all expenditures not involving a public project, when an emergency requires that the commodity or services be obtained from the nearest available source.
§ 3.20.130 Authority to award bid.
A.
1. All contracts for public projects for more than the dollar amount established by subsection (A)(3) of section 3.20.010 must be awarded by the city council in accordance with applicable law.
2. Provided that all procedures and conditions to acquire military equipment as set forth in the approved military equipment use policy have been conducted and met, all contracts for the acquisition of military equipment may be awarded by the city council in accordance with applicable law.
B. Except as provided in subsection (A) of this section and section 3.20.010(D), above, all contracts for public projects up to two hundred fifty thousand dollars; all contracts for purchases of equipment, supplies, or other personal property up to two hundred thousand dollars; and all contracts for the purchase of services up to one hundred thousand dollars; may be awarded by the purchasing agent to the lowest responsive, responsible bidder in accordance with section 3.20.010 of this chapter, provided that all of the following conditions are met:
1. The items to be purchased were approved by council in the adopted budget.
2. The award is within the amount allocated by council for the purchase.
3. There are at least three responsive bidders.
4. The award is being made to the low bidder.
5. There has been no protest against the proposed award lodged with the city within five days of the bid opening.
§ 3.20.010 Bidding and written contracts—When required.
The city council hereby provides that the city is exempt from the application of section 20162 the California Public Contract Code, and said section shall not apply to requirements and procedures for bids, sealed bids, quotes, proposals, or competitive solicitation, in the purchasing of equipment, services, supplies, or other property, or for expenditures involving a public project, except as otherwise provided in this chapter.
A., Sealed bids shall be obtained for all purchases of equipment, services, supplies or other personal property in excess of seventy-five two hundred thousand dollars; for services in excess of one hundred thousand dollars; and for the purchase of any military equipment, and for all expenditures involving a public project in excess of the limits established in subsections (A)(1) through (3) below.
1. Public projects of fifty thousand dollars or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
2. Public projects of more than fifty thousand dollars and up to two hundred fifty thousand dollars may be let by contract or purchase order after receiving not less than three written quotes.
3. Public projects of more than two hundred fifty thousand dollars must, except as otherwise provided in this chapter, be let to contract by formal bidding procedure.
B. Sales and purchases of equipment, services, supplies or other personal property shall be by written contract with the lowest (in the case of purchases), or highest (in the case of sales), responsible bidder pursuant to the procedure prescribed by this chapter, unless waived pursuant to subsection (C) of this section.
C. Except as otherwise provided in subsection (D), the bidding procedures of this chapter may be waived, and an open market acquisition, sale, or purchase pursuant to section 3.20.110 of this chapter may be authorized by:
1. The city manager, or his or her designee, for all acquisitions, purchases, and sales of equipment not exceeding seventy-five two hundred thousand dollars and services not exceeding one hundred thousand dollars, when:
a. The commodity or service can be obtained from only one source;
b. The commodity or service is required to match or be compatible with other furnishings, material, services, or equipment presently on hand, and is to be purchased from the supplier of such on-hand items;
c. The city manager or city council has ordered a standardized type or make of commodity; or
d. The city manager, or his or her designee, determines that due to special circumstances, it is in the city's interest to waive the bidding requirement;
2. The city manager, or his or her designee, for all expenditures not involving a public project, when an emergency requires that the commodity or services must be obtained from the nearest available source;
3. The city manager, or his or her designee, when services, supplies, or equipment may be acquired from or in cooperation with another governmental agency that is acquiring or has acquired services, supplies or equipment in a process that accomplishes the purposes of this chapter;
4. The city manager, or his or her designee, when services, supplies, or equipment may be acquired under a competitively-bid California state contract;
5. The city council, for all expenditures not involving a public project when any of the circumstances stated in subsections (C)(1) through (C)(4) of this section exist, or when the city council determines that due to special circumstances it is in the city's interest to waive the bidding requirement; or
6. The city council, for all expenditures involving a public project over the limits established in subsections (A)(1) through (A)(3) of this section, or if authorized by the Public Contract Code, the Government Code, or by the courts of this state.
D. The waiver of bidding procedures set out in subsections (C)(1) through (C)(4) are not applicable to the purchase of military equipment as that term is defined in this chapter.
E. Notwithstanding subsections (A) through (D), military items classified as "consumable ammunition or munitions" under the military equipment use policy, which were previously authorized by the city council, the city council gives the Department prior approval to purchase such items without returning to the city council in the following circumstance:
When stocks of consumable ammunition or munitions previously authorized by the city council have reached significantly low levels or are exhausted, the Department may resupply the consumable items in that calendar year without prior city council approval in order to maintain safe levels of essential and necessary availability of said ammunition or munitions.
§ 3.20.020 Notices soliciting bids—Required—Publication—Posting.
A. When a public project in excess of two hundred fifty thousand dollars is involved, notice inviting bids shall be published in accordance with section 20164 of the California Public Contract Code.
B. When public expenditures in any dollar amount relate to the acquisition of military equipment for department purposes, as those terms are defined in this chapter, the notice inviting bids shall be published in accordance with section 20164 of the California Public Contracts Code.
C. Other than contracts for public projects, and unless the bidding process is waived pursuant to section 3.20.010(C) of this chapter, notice inviting bids shall be made in accordance with applicable law and in the form and manner specified in this chapter. If the bidding process is waived pursuant to section 3.20.010(C)(1) of this chapter, or by the city council based on those circumstances listed in section 3.20.010(C)(5), the purchasing agent shall notify all qualified prospective bidders registered with the city no fewer than ten calendar days prior to the date set for submission of quotes or proposals.
§ 3.20.060 Bidder's security.
A. When a public project in excess of two hundred fifty thousand dollars is involved, security shall accompany the bid presented in accordance with sections 20170 through 20174 of the California Public Contract Code.
B. When no public project is involved, bidder's security is not required except when deemed necessary by the purchasing agent. In such case, it shall be prescribed in the public notices inviting bids under the provisions of this chapter. Bidders shall be entitled to return of such bid security; provided, however, that a successful bidder shall forfeit its bid security upon refusal or failure to execute a contract within ten days after the notice of award of a contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
§ 3.20.120 Authority of the city manager to sign nonpublic contracts of seventy-five two hundred thousand dollars or less for equipment and one hundred thousand dollars or less for services.
A. Except as provided in section 3.20.010(D), the city council authorizes the city manager, or his or her designee, to sign non-public contracts pursuant to section 40602 of the Government Code, when said contracts do not exceed the sum of seventy-five two hundred thousand dollars for equipment and one hundred thousand for services for the initial term of the contract. The city manager, or his or her designee, is also authorized to sign any amendments to non-public contracts to extend, or renew, additional terms that do not exceed a period of one year each, and do not exceed the sum of seventy-five two hundred thousand dollars for equipment and one hundred thousand for services each.
B. Except as provided in section 3.20.010(D), and within the same dollar amount set out in subsection (A) of this section, the city manager, or his or her designee, is authorized to participate in joint and cooperative nonpublic works contracts with the state of California, the county of San Diego, school districts, water districts, and such other agencies as the council may direct.
C. The city manager, or his or her designee, may sign contracts for all expenditures not involving a public project, when an emergency requires that the commodity or services be obtained from the nearest available source.
§ 3.20.130 Authority to award bid.
A.
1. All contracts for public projects for more than the dollar amount established by subsection (A)(3) of section 3.20.010 must be awarded by the city council in accordance with applicable law.
2. Provided that all procedures and conditions to acquire military equipment as set forth in the approved military equipment use policy have been conducted and met, all contracts for the acquisition of military equipment may be awarded by the city council in accordance with applicable law.
B. Except as provided in subsection (A) of this section and section 3.20.010(D), above, all contracts for public projects purchases of equipment, services, supplies, or other personal property up to seventy-five thousand dollars up to two hundred fifty thousand dollars; all contracts for purchases of equipment, supplies, or other personal property up to two hundred thousand dollars; and all contracts for the purchase of services up to one hundred thousand dollars; may be awarded by the purchasing agent to the lowest responsive, responsible bidder
in accordance with section 3.20.010 of this chapter, provided that all of the following conditions are met:
1. The items to be purchased were approved by council in the adopted budget.
2. The award is within the amount allocated by council for the purchase.
3. There are at least three responsive bidders.
4. The award is being made to the low bidder.
5. There has been no protest against the proposed award lodged with the city within five days of the bid opening.
ATTACHMENT B
City Manager Allowance
(Supplies / Services)
City Manager Allowance
(Professional Services)
Formal Bids for
Supplies / Services
Formal Bids for
Public Projects
La Mesa $50,000 or less (mat/svc) $25,000 or less (pro svc) $75,000 or less (supplies/svc) $75,000 or less Carlsbad $100,000 or less $50,000 or less $75,000 or less Mountain View $100,000 or less $100,000 or less $100,000 or less Roseville No Data $75,000 or less $75,000 or less
Santa Rosa $100,000 or less No Data Over $250,000
Santa Cruz $100,000 or less $100,000 or less $100,000 or less Burbank $200,000 or less (supplies/svc) $100,000 or less (pro svc) $75,000 or less $100,000 or less Pasadena $75,000 or less $50,000 or less $50,000 or less Corona $100,000 or less $100,000 or less $100,000 or less West Covina $200,000 or less $200,000 or less $200,000 or less Pomona $150,000 or less $100,000 or less $200,000 or less
MEDIAN $117,500 $105,000.00 $92,500.00 $120,455
AVERAGE $100,000 $100,000.00 $87,500.00 $100,000
El Cajon (current) $25,001 - $75,000 >$75,000 >$200,000 El Cajon
(recommended)
$50,001 - $200,000
(Supplies)
$50,001 - $100,000
(ALL Services)
>$200,000 (Supplies)
>$100,000
(ALL Services)
>$250,000
ATTACHMENT C: Recommended Purchasing Thresholds
1 Written Quote 3 Written Quotes Formal Bid
SUPPLIES
Goods/Equipment
$5,000 - $25,000
$10,000 - $50,000
$25,001 - $75,000
$50,001 - $200,000
>$75,000
>$200,000
SERVICES
Professional and Non-Professional
Services
$1,000 - $25,000
$5,000 - $50,000
$25,001 - $75,000
$50,001 - $100,000
>$75,000
>$100,000
PUBLIC PROJECTS
Construction, alteration, demolition,
installation, or repair work done under
contract and paid in whole or in part out of
public funds. It can include preconstruction
and post-construction activities related to a
public works project.
$1,000 - $50,000
$50,001 - $200,000
$50,001 - $250,000
>$200,000
>$250,000
Black = Current
Blue - Recommended
SOLE SOURCE PURCHASE
Submit Purchase Requisition and Sole Source Justification forms to the Purchasing Division. • $25,001 - $75,000: City Manager Approval Memo
• $50,001 - $200,000 (Supplies)/$50,001 - $100,000 (Services) • $75,000+: City Council Approval
• $200,000+ (Supplies)/$100,000+ (Services)
City Council
Agenda Report
Agenda Item 19.
DATE: March 24, 2026
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9: One (1) potential case
RECOMMENDATION:
That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, March 24, 2026, at 3:00 p.m.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9:
Number of Potential Cases: 1
Jennifer M. Lyon
City Attorney
JML:rnb
City Council
Agenda Report
Agenda Item 20.
DATE: March 24, 2026
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - Conference with Labor Negotiators pursuant to Government Code section 54957.6
Agency Designated Representatives:
Graham Mitchell, City Manager
Vince DiMaggio, Assistant City Manager
Marisol Thorn, Deputy City Manager
Clay Schoen, Director of Finance
Jennifer Lyon, City Attorney
Employee Organizations:
El Cajon Municipal Employees Association
El Cajon Mid-Management and Professional Employees Group El Cajon Professional Firefighters International Association of Fire Fighters Local 4603
RECOMMENDATION:
That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, March 24, 2026, at 3:00 p.m.
CONFERENCE WITH LABOR NEGOTIATORS – pursuant to Government Code section 54957.6:
Agency Designated Representatives:
Graham Mitchell, City Manager
Vince DiMaggio, Assistant City Manager
Marisol Thorn, Deputy City Manager
Clay Schoen, Director of Finance
Employee Organizations:
El Cajon Municipal Employees Association
El Cajon Mid-Management and Professional Employees Group El Cajon Professional Firefighters International Association of Fire Fighters Local 4603 Jennifer M. Lyon
City Attorney
JML:rnb