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01-08-2019 CC Rpt 11 Date: 01-08-19 Item No.: 11 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING CHAPTER 3.20 OF THE CHINO HILLS MUNICIPAL CODE TO INCREASE THE INFORMAL BID LIMITS FOR PUBLIC CONTRACTS AWARDED PURSUANT TO CHAPTER 3.20 TO $200,000, AND AUTHORIZE THE CITY MANAGER TO AWARD SUCH CONTRACTS IN AN AMOUNT NOT-TO-EXCEED $200,000 AND AMEND THE AUTHORITY TO NEGOTIATE CONTRACTS, AWARD PURCHASE ORDERS OR PERFORM WORK BY CITY EMPLOYEES BY FORCE ACCOUNT ON PUBLIC PROJECTS IN AN AMOUNT NOT- TO-EXCEED $60,000 THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. The City Council of the City of Chino Hills declares that the public interest and necessity demand the prudent expenditure of public money and time; and b. The California Uniform Public Construction Cost Accounting Act, Public Contracts Code Section 22000 through 22045 (UPCCAA), has been amended so that the threshold for public projects let to contract by informal procedures has increased from $175,000 to $200,000; and c. The CUPCCAA has been amended so that the authority to negotiate contracts, award purchase orders or perform work by City employees by force account on public projects has been increased from $45,000 to $60,000; and d. In accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. ("CEQA")) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.), this proposed Chino Hills Municipal Code Amendment is exempt from CEQA review because it consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. § 15308; and e. A duly noticed public hearing before the City Council was conducted on December 11, 2018, on this Chino Hills Municipal Code Amendment, at which Page 1 of 4 71/253 time all interested persons were given an opportunity to testify in support of, or in opposition to the project. SECTION 2. Chino Hills Municipal Code, Section 3.20.010 is hereby amended to read as follows: 3.20.010 —Construction on public projects. The provisions of this chapter shall apply to construction on public projects of not more than two hundred thousand dollars ($200,000). Public projects of sixty thousand dollars ($60,000) or less may be performed by city employees by force account, by negotiated contract, or by purchase order. Public projects of two hundred thousand dollars ($200,000) or less may be let to contract by informal procedures as set forth in this chapter. Public projects of more than two hundred thousand ($200,000) shall be let to contract by formal bidding procedures. SECTION 3. Chino Hills Municipal Code, Section 3.20.050 is hereby amended to read as follows: 3.20.050 — Delegation of authority to award informally bid public projects contracts. Notwithstanding any other provision of this Code,the City Council may delegate the authority to award informally bid contracts pursuant to this Chapter to the City Manager or designee, by separate resolution of the City Council in an amount not to exceed two hundred thousand dollars ($200,000). SECTION 4. The provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinance No. 271 . SECTION 5. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 6. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Repeal of any provision of the Chino Hills Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Page 2 of 4 72/253 SECTION 8. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Chino Hills Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Chino Hills Municipal Code provision or other City Ordinances to remain in full force and effect for all purposes. SECTION 9. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills' book of original Ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED,APPROVED AND ADOPTED this 8th day of January 2019. CYNTHIA MORAN, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Page 3 of 4 73/253 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. was duly introduced at a regular meeting held December 11, 2018; and adopted at a regular meeting of the City Council held on the 8th day of January 2019 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CHERYL BALZ, CITY CLERK I hereby certify that the foregoing is the original of Ordinance No. duly passed and adopted by the Chino Hills City Council at their regular meeting held on January 8, 2019 and that summaries of the Ordinance were published on and in the Chino Hills Champion newspaper. CHERYL BALZ, CITY CLERK Page 4 of 4 74/253 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Bernardino I am a citizen of the United States and a resident of the • PUBLIC NOTICE OF County aforesaid; I am over the age of eighteen years, and PROPOSED ADOPTION OF CITY OF CHINO HILLS not a party to or interested in the above entitled matter. I ORDINANCE am the principal clerk of the publisher of the CHINO NOTICE IS HEREBY GIVEN thCHAMPION, a newspaper ofgeneral circulation, printed and Cityat Councilo ofTuesda the January 8, 2019Hhs of City of Chino Hills published weeklyin the Cityof Chino, Countyof San will considerc adoption of a proposed Ordinance entitled: AN OF Bernardino, and which newspaper has been adjudged a THE CITY COUNCILO FNCE THE CITY newspaper of general circulation by the Superior Court of the OF CHINO HILLS, CALIFORNIA, AMENDING CHAPTER 3.20 OF County of San Bernardino, State of California, under the date THCODE ECHINO TO HILLS INCSEAMUNICIPAL THE of August 5, 1952, Case Number 73453; that the notice, of INFORMAL BID LIMITS FOR PUBLIC CONTRACTS AWARDED which the annexed is a printed copy (set in type not smaller PURSUANT TO CHAPTER 3.20 TO $200,000, AND AUTHORIZE THE than nonpareil), has been published in each regular and CITY MANAGER TO AWARD SUCH CONTRACTS IN AN AMONT NOT entire issue of said newspaper and not in any supplement TO EXCEED $200,000 AND AMEND THE AUTHORITY TO NEGOTIATE thereof on the following dates, to-wit: CONTRACTS, AWARD PURCHASE ORDERS OR PERFORM WORK BY CITY EMPLOYEES BY FORCE December 29, all in the year 2018 ACCOUNT ON PUBLIC PROJECTS IN AN AMOUNT NOT TO EXCEED $60,000, AND TO DETERMINE I certify (or declare) under penalty of perjury that the THIS PROJECT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA foregoing is true and correct. ENVIRONMENTAL QUALITY ACT. The Ordinance amends Title 3 of the Chino Hills Municipal Code, Dated at Chino, California, this 29th day of Chapter 3.20 Public Construction Contract Bidding Procedures to December 201 increase the limit to not exceed $200,000 for public projects and to permit public projects of$60,000 or less to be performed by City employees. The Ordinance also amends the chapter to delegate authority to award Kt��I V E informally bid contracts to the City Manager or designee by separate IgnatUre) 6 resolution of the City Council in an amount not to exceed$200,000. Suzanne Roja JAN 0 2 2.019 I A copy of the full text of the Ordinance is available for review in the office of the City Clerk, City of Chino ACCOUNTS PAYABLE I Hills, 14000 City Center Drive, Chino Hills. DATED: December 20,2018 Champion s/CHEPUBLISH: ChinoBALZ,CITY CLERK ampi PUBLISH: Chino Hills Champion December 29,2018 848-18 Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453