ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CALIFORNIA AMENDING SECTION 2.48.200, TO REFLECT UPDATED BIDDING THRESHOLDS FOR PROCUREMENT OF PUBLIC WORKS CONTRACTS CONSISTENT WITH the California Uniform Public Construction Cost Accounting Act WHEREAS, the City of Rialto (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City elected to become subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) and follow the provisions of Public Contracts Code Section 22000 et seq., with the adoption of Resolution No. 7777, which became effective on September 28, 2021; and WHEREAS, since that time, staff has brought to the City Council recommended updates; and WHEREAS, the public project bidding limits and procedures are set forth in the Rialto Municipal Code, Chapter 2.48 “Purchasing” within Title 2, “Administration and Personnel”; and WHEREAS, Assembly Bill 2192 went into effect as of January 1, 2025 and provides that cities that have elected to become subject to CUPCCAA may increase their bidding thresholds for public projects to $75,000 or less to be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order; $220,000 or less to be let to contract by informal procedures; $220,000 or more to be let by formal bidding procedures.
WHEREAS, the City Council has determined that adjustments to the bidding thresholds, consistent with the CUPCCAA, will improve the bid award process, will improve procurement productivity and is in the City’s and the public’s best interests; and WHEREAS, the City Council desires to update the Rialto Municipal Code to reflect the new bidding thresholds provided for in the CUPCCAA.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO ORDAINS AS FOLLOWS:
Section 1. FINDINGS
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. AMENDMENT OF SECTION 2.48.200 TO UPDATE THE BIDDING THRESHOLDS FOR PUBLIC WORKS CONTRACTS Section 2.48.200 of the Rialto Municipal Code shall be repealed and replaced in its entirety with the following language:
“2.48.200 - Purchasing process.
A. Bidding Thresholds. The process applicable for the procurement of public projects shall be established in accordance with the following bidding thresholds dependent upon the city engineer's estimated cost of the public project:
1. As established pursuant to Public Contract Code Section 22032(a), seventy-five thousand dollars (<$75,000) or less: By force account, negotiated contract, or purchase order.
2. As established pursuant to Public Contract Code Section 22032(b), two hundred and twenty thousand dollars (<$220,000) or less: By informal public project bidding procedures.
3. As established pursuant to Public Contract Code Section 22032(c), over two hundred and twenty thousand dollars (>$220,000): By formal public project bidding procedures.
B. Automatic Amendment of Bidding Thresholds. If, as, and when the amounts set forth in Public Contract Code Section 22032 are later amended, this section and the amounts reflected herein shall be deemed to have been amended to reflect such changes, without the need for further action on the part of the city, and such changes reflected in Public Contract Code Section 22032 shall be deemed to be incorporated by reference herein.” Section 3. CEQA
The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(3) because this activity is not a project as defined by Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 and will not result in changes in the environment.
Section 4. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
Section 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its date of adoption.
Section 6. Certification
The City Clerk shall certify the adoption of this ordinance and publish the ordinance in accordance with Government Code Section 36933.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Rialto this ____ day of _______, 2025. __________________________________
JOE BACA, Mayor
ATTEST:
________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ________ day of _____________________, 2025.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2025. ____________________________________
Barbara A. McGee, City Clerk
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