ITEM 4. 3
CITY MANAGER' S REPORT
JANUARY 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 461 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING THE LATHROP MUNICIPAL
CODE ( LMC) TO UPDATE TITLE 3, CHAPTER 3.0
INFORMAL BIDDING THRESHOLDS AND SERVICE
DEFINITIONS IN ACCORDANCE WITH THE UPDATED
ASSEMBLY BILL 2192 ( AB 2192) ( 2024)
AMENDMENTS TO THE PUBLIC CONTRACT CODE
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 461 Amending the Lathrop Municipal Code ( LMC) to
Update Title 3, Chapter 3.0 Informal Bidding
Thresholds and Service Definitions in Accordance
with the Updated AB 2192 ( 2024) Amendments to
the Public Contract Code
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 461 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMENDING THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE TITLE 3, CHAPTER 3.0 INFORMAL
BIDDING THRESHOLDS AND SERVICE DEFINITIONS IN ACCORDANCE WITH THE UPDATED ASSEMBLY BILL 2192 ( AB 2192) ( 2024) AMENDMENTS TO THE PUBLIC
CONTRACT CODE
SUMMARY:
On December 9, 2024, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Torres -O' Callaghan, and Akinjo
NOES: None
ABSTAIN: None
ABSENT: Lazard
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
eresa Vargas
overnment Services Director &
City Clerk
1 1 - 6---.
Date
ORDINANCE NO. 25- 461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CONSIDER AN AMENDMENT TO TITLE 3, CHAPTER 3.0 INFORMAL BIDDING
THRESHOLDS AND SERVICE DEFINITIONS IN ACCORDANCE WITH THE UPDATED ASSEMBLY BILL 2192 ( 2024) AMENDMENTS TO THE PUBLIC
CONTRACT CODE
WHEREAS, On November 28, 2006, City Council elected to adopt the State of California' s Uniform Public Construction Cost Accounting Procedures as outlined in the Uniform Public Construction Cost Accounting Act ( CUPCCA Act); and WHEREAS, on December 5, 2006, the City Council enacted Ordinance 06- 264, which added Chapter 3.0 (Informal Bidding) to the LMC; and WHEREAS, this chapter currently permits City staff to perform public project work valued under $ 60, 000 without a formal bidding requirement and established informal bidding procedures for projects ranging from $ 60, 000 to $ 200, 00, in compliance with the CUPCCA Act; and
WHEREAS, in November 2024, the State of California raised the maximum bidding thresholds, now allowing City staff to perform public project work under 75, 000 without formal bidding and permitting informal bidding procedures for projects between $ 75, 000 and $ 220, 00; and
WHEREAS, staff requests that the City Council amend LMC Chapter 3.0 to reflect these updated thresholds and align with the current limits established by the State of California' sPublic Contract Code; and
WHEREAS, staff requests that Council automatically adopt any future threshold adjustments based on the maximum amount allowable set forth in Public Contract Code 22034; and
WHEREAS, there is no direct fiscal impact associated with the adoption of the proposed ordinance amending LMC 3.0 Informal Bidding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Note: additions are shown below in underline font, deletions are shown in strikeout font.
Ordinance No. 25- 461
Chapter 3.0 INFORMAL BIDDING
3.0. 010 Application.
Contracts for work of $ 220, 00. $200, 00. or less shall be governed by the Uniform Public Construction Cost Accounting Act, Division 2, Part 3, Chapter 2, of the Public Contract Code, Section 22000 et seq. and this chapter of the Lathrop Municipal Code.
3.0. 030 Work of $ 75, 000. $60, 000or less.
Pursuant to Public Contract Code Sections 220033 and 22032, any work as defined in this chapter, of $ 75, 000. $60, 000. or less may be performed by the employees of the city by force account, by negotiated contract, or by purchase order.
3.0. 040 Informal bidding procedures.
Any work, as defined in this chapter, of $ 220, 00. $200, 00. or less may be contracted for by the informal bidding procedures set forth in this chapter.
3.0. 090 Bids received in excess of $220, 00. $200, 00..
If all bids received are in excess of $220, 00. $200, 00., the city council may, by passage of resolution by a four -fifths vote, award the contract for 6235, 000. $212, 500. 0, or less, to the lowest responsible bidder, if the city council determines that the cost estimate was reasonable.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severalbility
If any provisions of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the validity of any particular portions thereof.
Section 4. Effective Date
This Ordinance shall take legal effect and be in force thirty ( 30) days from and after the date of its passage.
Ordinance No. 25- 461
Section 5. Publication
Within fifteen ( 15) days after its final passage, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 9t" day of December 2024, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the _ day of , by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 25- 461