7,312 / 57.4% Yes votes ...... 5,437 / 42.6% No votes

See Also: Index of all Measures

This measure amends Section 1107 of the City Charter to add subsection (b), which would permit the Council by ordinance to adopt an alternate bidding procedure for public works projects, provided the cost of the project does not exceed the dollar limit established for the alternate bidding procedures for general law cities as set forth in the California Public Contracts Code at Section 22034.

If the Charter amendment is approved, the Council would be enabled, by ordinance, to adopt an alternate bidding procedure which would apply to projects that do not exceed the dollar amount limitation set for the alternate procedure available to general law cities and found in Public Contracts Code Section 22034.

The amendments to Section 1107 will not otherwise change the formal bidding procedures for larger projects (those which exceed $75,000) or the bidding procedures for other projects if an ordinance establishing an alternate procedure is either not adopted by the Council or not utilized in bidding the project.

MICHAEL D. MARTELLO
City Attorney

City of Mountain View

• Live Election Results

Charter Section 1107 governs the manner in which these projects are competitively bid. This section of the Charter was last amended in 1980, and since that time the State Legislature has enacted an alternate procedure for smaller public works projects that is available to all general law cities and any charter city whose charter allows the city to take advantage of same.

The Council subcommittee that reviewed the Charter made the recommendation to Council that the ability to adopt such an alternate procedure should be incorporated into the City of Mountain View Charter in order to gain some efficiencies in both time and costs with respect to smaller public works projects. The Council approved the recommendation.

The amendment to Section 1107 provid

(No arguments against Measure Q were submitted)

(a) Every project involving an expenditure of public monies of more than fifteen thousand dollars ($15,000) appropriately indexed to 1978 dollars for the construction or improvement of public buildings, works, drains, sewers, utilities, parts, playgrounds, and streets (exclusive of projects for resurfacing, maintenance and repair of streets) shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least seven days before the time for opening bids.

All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the city. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten percent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of the bidder's security shall be declared forfeited to the city and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund.

The council may reject any and all bids presented and may readvertise in its discretion. The council, after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the city manager, the work in question may be performed better or more economically by the city with its own employees and after the adoption of a resolution to this effect by at least five affirmative votes of the council may proceed to have such work done in the manner stated, without further observance of the provisions of this section. Such contracts likewise may be let without advertising for bids, if such work shall be deemed by the council to be of urgent necessity for the preservation of life, health or property and shall be authorized by resolution passed by at least five affirmative votes of the council and containing a declaration of the facts constituting such urgency.

Nothing in this section shall be construed to apply to the acquisition or purchase of electricity, electric power or electric energy by the city for any use or purpose. (As amended April 9, 1974; June 3, 1980.)

(b) As an alternate procedure to subsection (a) above, Council may, by ordinance, establish an alternate bidding procedure for public works contracts where the amount does not exceed the limit for the alternate bidding procedures for general law cities as set forth in the California Public Contract Code at Section 22034 as amended from time to time.