ORDINANCE NO. 2022-1524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING CHAPTER 2.30 (PURCHASING) OF THE SAN MARCOS MUNICIPAL CODE WHEREAS, the City’s purchasing procedures are governed by Chapter 2.30 of the San Marcos Municipal Code, which was last amended in 2021; and WHEREAS, since the last amendment, City staff has identified certain efficiencies that could be realized with additional amendments to Chapter 2.30, including revised purchasing authority limits; and WHEREAS, Chapter 2.30 contains numerous requirements and processes to be followed with respect to City purchases, including delineated purchasing authority levels which have been in place since 2017; and WHEREAS, City staff has surveyed other cities in the region and gathered information on other cities throughout the state and, based on this information and on the City’s own practices, City staff is recommending that some of the existing purchasing thresholds be increased; and WHEREAS, City staff recommends that the following thresholds be increased:
Current Proposed
Department Directors $10,000 $30,000
Informal Bidding $10,000 $30,000
Formal Bidding $30,000 $150,000
WHEREAS, the proposed ordinance would also add a new category of “micro purchases,” alleviating the need for bidding for purchases less than $5,000, and the thresholds for Field Orders and Change Orders are proposed to be increased from the value of the initial contract to $30,000 for small procurements, and $150,000 for informal procurements; and WHEREAS, the proposed increased thresholds have been recommended by City staff because the frequent fluctuations in market prices and the inability to contract for fixed unit prices/service rates have increasingly been affecting the efficiency for which goods and services can be purchased in a timely manner; and WHEREAS, increasing the City’s bidding thresholds and increasing Director purchasing authority is expected to reduce City administrative costs and time, and offer City staff the ability to timely contract for goods and services to the City’s benefit.
NOW, THEREFORE, the City Council of the City of San Marcos, California, in accordance with the freedom afforded to charter cities generally, and by the Charter of the City of San Marcos specifically, does ordain as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. Chapter 2.30 of the San Marcos Municipal Code is hereby amended to read as shown in the attached Exhibit A, which Exhibit is incorporated herein by this reference as though set forth in full at this point.
Section 3. If any section, sentence, clause, or phrase of this Ordinance is determined to be invalid, illegal, or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each section, sentence, clause, or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 4. This Ordinance shall be effective thirty (30) days following its adoption. Within fifteen (15) days following its adoption, the City Clerk shall certify to the passage of and publish this Ordinance or the title thereof in a newspaper of general circulation designated for legal notices publication in the City of San Marcos as a summary, as required by state law.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos held on the 27th day of September, 2022; and PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Marcos held on the _________ day of _______________, 2022 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST: APPROVED AS TO FORM:
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney City of San Marcos City of San Marcos
Ordinance No. 2022-1524