ATTACHMENT 1
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING SECTIONS 3.16.240 AND 3.16.280 OF CHAPTER 3.16 OF THE ATHERTON
MUNICIPAL CODE RELATING TO PURCHASING
WHEREAS, the California Uniform Public Construction Cost Accounting Act (the "Act"), located at Public Contract Code section 22000 et seq., allows public agencies to utilize more relaxed bidding procedures for certain public projects after the public agency has opted in; and WHEREAS, the California Uniform Construction Cost Accounting Commission, established under the Act, has developed uniform public construction cost accounting procedures for implementation by local agencies in the performance of or in the contracting for construction of public projects; and
WHEREAS, in 2012, the Town of Atherton adopted a resolution opting in and an ordinance meeting the requirements of the Act, specifically Public Contract Code section 22034; and WHEREAS, since the adoption of the ordinance, the Act has been amended, and the changes in the law are not reflected in Atherton's Municipal Code; and WHEREAS, to ensure the Atherton Municipal Code reflects the current state of the law relating to the Act, the City Council desires to updates its ordinances The City Council of the Town of Atherton does hereby ordain as follows:
SECTION 1: The following sections of Chapter 3.16 of the Atherton Municipal Code are amended to read as follows:
3.16.240 Requirements for contracting public works projects.
A public works project means any of the following: (1) construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, and repair work involving any publicly owned, leased, or operated facility; or (2) painting or repainting of any publicly owned, leased, or operated facility; or (3) in the case of a publicly owned electric utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher. A public works project does not include maintenance work, which includes the following: (1) routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; or (2) minor repainting; or (3) resurfacing of streets and highways at less than one inch; or (4) landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; or (5) work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.
A. Procurement of Public Works Projects—Force Account/Open Market Procedures. Public works projects of up to an amount established by resolution of the city council on a periodic basis, appropriations for which have been approved by the city council, may be performed by the employees of the town or its agencies by force account, or by negotiated contract or purchase order approved by the city manager.
B. Procurement of Public Works Projects—Informal Bidding Procedures. Public works projects greater than the amount qualifying for a force account/open market procedure up to and including an amount established by resolution of the city council on a periodic basis may be let to contract by the informal bidding procedures (alternative procedure) set forth in this chapter as prescribed in Section 3.16.250.
C. Procurement of Public Works Projects—Formal Bidding Procedures. Public works projects greater than an amount established by resolution of the city council on a periodic basis shall be let to contract by the formal bidding procedure set forth in the Uniform Construction Cost Accounting Act.
3.16.280 Public works project bids in excess of maximum authority.
If all bids received are in excess of the current amount established in California Public Contract Code Section 22034, the city council may, by adoption of a resolution by a four-fifths vote, award the contract, at the current amount established in Public Contract Code Section 22034, or less, to the lowest responsible bidder, if the city council determines the cost estimate of the town was reasonable.
SECTION 2: Severability. The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provision in the Ordinance severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 3: Effective Date. This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
Introduced on the ___ day of ___, 2025.
Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of ___, 2025 by the following vote:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS:
ATTEST: CITY CLERK
MAYOR