ORDINANCE NO. 1793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.40, SECTIONS 3.40.050 AND 3.40.080 RELATING TO PURCHASING PROCEDURES WHEREAS, pursuant to California Government Code sections 54201 through 54203, local agencies are required to adopt by ordinance, policies and procedures, including regulations, governing the purchase of supplies and equipment by the local agency; and WHEREAS, the City of San Clemente (“City”) adopted such policies and procedures via Ordinance nos. 1207 and 1297 in 2004, and 1776 in 2024, and, WHEREAS, the City Council sees value in authorizing the City Manager to administratively approve public construction project overages within the City Council approved project budget for an amount not to exceed 10% in the aggregate of the contract award and to the extent permissible by state and federal law to streamline procurement, and facilitate accountability and timeliness of project completion; and WHEREAS, the California Uniform Public Construction Cost Accounting Act, codified in Public Contract Code (PCC) sections 22000, et seq. (“CUPCCAA”) sets an alternative method for the bidding of public works projects by public entities; and WHEREAS, on March 17, 1993, the City Council adopted Resolution No. 93-31 allowing the City to become subject to the uniform construction cost accounting procedures set forth in CUPCCAA; and WHEREAS, effective January 1, 2025, AB 2192 increased competitive bidding thresholds imposed by Public Contract Code sections 22032 and 22034; and WHEREAS, amendments to CUPCCAA’s bidding requirements and procedures have not been incorporated into the City purchasing ordinance; and WHEREAS, the City Council desires to amend Section 3.40.050 of the San Clemente Municipal Code so that it parallels CUPCCAA; and WHEREAS, on June 18, 2024, the City adopted Ordinance No. 1776, which authorizes the City Manager to award and execute contracts up to $60,000; and WHEREAS, the City Council of the City of San Clemente has determined that adjustments to the contract award authority will improve the bid award process by aligning with CUPCCAA bidding requirements and thresholds, and is in the City’s and the public’s best interests; and WHEREAS, the City Council desires to repeal and replace Sections 3.40.050 and 3.40.080 of the Municipal Code to improve procurement efficiency as set forth herein.
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
SECTION 1: Recitals and Scope
The recitals above are considered true and incorporated into this Ordinance. The scope of this Ordinance is for procurement. This Ordinance is subject to the limitations set and superseded by state and federal law.
This Ordinance applies only to procurements that involve the expenditure of funds entirely within the City's control where responsibility and quality are equal and shall not apply to procurements that involve the expenditure of funds that are not entirely within the City's control, such as state and federal grant funds, or those that due to legal restrictions prohibit its application.
SECTION 2: Amendment to San Clemente Municipal Code section 3.40.050 Section 3.40.050 of the Municipal Code of the City of San Clemente is hereby stricken in its entirety and amended to read in its entirety as follows:
3.40.050 – Public Works Projects.
Alternative Bid Procedures for Public Projects under $220,000. Public projects, as defined by the California Uniform Public Construction Cost Acting Act (CUPCCA) and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract as set forth in Sections 22032, et seq., of the Public Contract Code. Public projects of seventy five thousand dollars ($75,000) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order. Public projects of two hundred thousand dollars ($220,000) or less may be let to contract by informal procedures as set forth in CUPCCA. Amendments or revisions to CUPCCA shall automatically be directly incorporated into this section when enacted by the California Legislature upon the effective date thereof without further action of the City Council.
Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and the criteria promulgated from time to time by the California Uniform Public Construction Cost Accounting Commission.
Notice Inviting Informal Bids. Where a public project is to be performed that is subject to the informal bidding procedure under CUPCCA, a notice inviting informal bids shall be mailed or emailed to all contractors for the category or work to be bid, as shown on the list developed in accordance with subsection B of this section, and to all construction trade journals as specified by the CUPCCA Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided, however:
If there is no list of qualified contractors maintained by the City for the particular category or work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the CUPCCA Commission; and If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
Public Project Generally. Public projects not subject to the alternative bid procedures as set forth in subsection A of this section, or public projects where the Director of Public Works determines that it would be in the City’s best interest to proceed with formal bidding, shall be let to contract through a competitive bid process designed to select the lowest responsive and responsible bidder. The procedures to be followed shall at all times comply with applicable laws.
Award of Contracts. The persons and body authorized to award and execute public project contracts shall be as set forth in section 3.40.080.
SECTION 3: Amendment to San Clemente Municipal Code section 3.40.080 Section 3.40.080 of the Municipal Code of the City of San Clemente is hereby stricken in its entirety and amended to read in its entirety as follows:
3.40.080 – Authority to Award Contracts.
The following persons and body are authorized to award contracts that were solicited in compliance with this Chapter, the City purchasing policy and state and federal law at the following corresponding amounts and to execute such contracts or delegate the authority to execute such contracts:
Division Manager
$0—$10,000.00
Department Heads
$10,000.01—$25,000.00
City Manager
$25,000.01—$75,000.00
City Council
$75,000.01 and over
SECTION 4: Publication. The City Clerk shall certify to the adoption of this Ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, the Office of the City Clerk in accordance with California Government Code section 36933.
SECTION 5: Conflicts with Prior Ordinances. In the event that any City ordinance or regulation, in whole or in part, adopted prior to the effective date of this Ordinance, conflicts with any provision in this Ordinance, the provisions in this Ordinance will control.
SECTION 6: Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of invalidity of any portion thereof.
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of San Clemente, California, on the 6th day of June, 2025.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Clemente, California, on _____day of _________________, 2025.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1793 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
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Ordinance No. 1793Page 5
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