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2016 S-56 Supplementrmh 5116 CUPERTINO, CALIFORNIA Instruction Sheet 2016 S-56 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 3 : REVENUE AND FINANCE 17 through 20 1 7 through 20 TITLE 5: BUSINESS LICENSES AND REGULATIONS 11, 12 11, 12 COMPREHENSIVE ORDINANCE LIST 43, 44 43, 44 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2016 S-56 Supplement contains: Local legislation current through Ordinance 16-2143, passed 5-3-16 COPYRIGHT © 2016 AMERICAN LEGAL PUBLISHING CORPORATION 3.23.010 CHAPTER 3.23: PUBLIC WORKS CONTRACT Al\TD BIDDING PROCEDURES Section 3 .23 .010 Purpose . 3 .23 .020 Definitions . 3 .23.030 Competitive bidding . 3 .23.040 Notice inviting bids . 3 . 23 . 050 Presentation of bids-Security required-Subcontractor designated in bid . 3 . 23 . 060 Opening bids . 3 .23 .070 Award of contract. 3 . 23 . 080 Forfeiture of security . 3 .23.090 Award of contract to next lowest bidder-Failure to execute contract. 3 .23 .100 Award of contract to next lowest bidder-Lowest bidder irresponsible-Notice and hearing . 3 .23 .110 Rejection of bids -Identical bids -Absence of bids. 3 .23 .120 Informal bidding procedure for public works projects . 3 .23 .130 Exempt from bidding requirements . 3 .23 .140 Performance bond of successful bidder. 3.23 .150 Deposit of proceeds . 3 . 23 .160 Additional work by City authority. 3. 23 . 170 Deletions of work by City authority . 3.23.010 Purpose. This chapter is enacted to enhance competition , to prevent corruption and undue influence in the av1arding of public works contracts , and to clarify the City's competitive bidding requirements established pursuant to Part 3 of the California Public Contract Code, Sections 20100 et seq. (Ord . 1583, § 1 (part), 1992) 3.23.020 Definitions. As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section : 1. "Bid " means any proposal submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind. 2 . "Lowest responsible bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness , capacity and 2016 S-56 17 experience to satisfactorily perform the public works contract sought. 3 . "Public works contract" means an agreement for the erection , construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind . 4. "Public works project " means : a. The erection, improvement, painting or repair of public buildings and works; b . Work to protect against overflow of streams, bays , waterfronts or embankments; c. Street or sewer work except for maintenance or repair thereof; d . Furnishing supplies or materials for any such project , including the maintenance or repair of streets or sewers. (Ord . 1897, § 2 (part), 2002; Ord . 1583 , § 1 (part), 1992) 3.23.030 Competitive Bidding. Except as otherwise provided for in this chapter, public works projects with an estimated dollar value in excess of the required dollar value for competitive bidding established by section 22032( a) of the California Public Contracts Code, as may be amended, shall be contracted for pursuant to the procedures prescribed in this chapter. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord . 16-2143, § 1, 2016) 3 .23.040 Notice Inviting Bids. The notice inviting bids shall be in the form and published as follows : A. Notices inviting bids shall include: 1. A distinct description of the public works project to be performed ; 2 . The location where bid blanks and specifications may be secured; 3 . The time and place for opening bids; 4. The type and amount of bidder's security required; 5. The class of license required for the public works to be performed; and 6 . A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance from the bid specifications . 3.23.040 Cupertino -Revenue and Finance 18 B . The notice inviting bids shall be : 1. Published in a newspaper of general circulation printed and published in the City at least the number o f days specified in Section 22037 of the California Public Contract Code , as m ay be amended, before the opening of bids; and 2. Provided to all construction and trade journals specified in Section 22036 of the California Public Contract Code, or as may be amended, at least the number of days and by the methods set forth in Section 22037 of the California Public Contracts Code, as may be amended . (Ord . 1897, § 2 (part), 2002 ; Ord . 1583 , § 1 (part), 1992; Ord . 16-2143, § 2, 2016) 3.23 .050 Presentation of Bids-Security Required-Subcontractor Designated in Bid. A. All bids shall be presented under sealed co ver (identified as bids on the envelope), submitted to the City Clerk and accompanied by one of the following forms of bidder 's security: 1. Cash ; 2. A cashier's check made payable to the City; 3 . A certified check made payable to the City ; 4. A bidder's bond executed by an admitted surety insurer, made payable to the City . B . The security shall be in an amount equal to at least ten percent of the amount of the bid , or such other sum as may be authorized by the California Public Contract Code . A bid shall not be considered unless one of the forms of bidder's security is enclosed with it. C. Upon award of the contract to the lowest responsible bidder , the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall such security be held by the City beyond ninety days from the date the notice of award of contract is mailed . D . All bidders on a public works project must desi gnate in their bids the naiue, address, th e portion of the work each subcontractor w ill perform, and other information as required by Section 410l(a)(l) of the California Public Contract Code , as may be amended, of each subcontractor : 1. Who will perform work exceeding one-half of one percent of the prime contractor's total bid, or 2. Who meet or exceed the thresholds for specific type s of work as specified in Section 410l(a)(l) of the California Public Contracts Code, as may be amended. E . The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in their bid. (Ord . 1897, § 2 (part), 2002 ; Ord . 1583, § 1 (part), 1992; Ord. 16-2143, § 3, 2016) 3.23.060 Opening Bids . Bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids 2016 S-56 rec eived shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened . (Ord. 1583 , § 1 (part), 1992) 3 .23.070 Award of Contract. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter. (Ord . 1583, § 1 (part), 1992) 3.23.080 Forfeiture of Security. If the successful bidder fails to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, the amount of the bidder's security shall be forfeited to the City except as provided in Section 3 .23.090. (Ord . 1583, § 1 (part), 1992) 3 .23.090 Award of Contract to next Lowest Bidder-Failure to Execute Contract. The City Council may, on refusal or failure to the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder. If the City Council awards the contract to the second lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid , and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the bidder 's surety if a bond is used. (Ord. 1583, § 1 (part), 1992) 3.23 .100 Award of Contract to Next Lowest Bidder-Lowest Bidder Irresponsible-Notice and Hearing. A . The City Counc il , in its sole dis cretion , may reject the lowest b id upon specific findings that the low est bidder is not responsible . To determine responsibility, the City Council may consider, among other things , the bidder's financial responsibility, type of license , type of equipment , number of years experience in construction work, other projects bidder worked on in the last five years, whether bidder has failed to complete any contract and bidder 's ability to be bonded . B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible , the City shall do the following: 1. Give notice of the City Council's decision to the lo w est bidder, setting forth the reasons why he/she is not considered the lo w est "responsible" bidder; 2. In the notice, gi ve bidder an opportunity to ask for a pre-award bearing before the City Council on the issue ; 19 Public Works Contract and Bidding Procedures 3.23.100 3 . If hearing is requested, agenda the matter pursuant to California Government Code hearing requirements; 4. After the hearing , the City Council shall make a finding , supported by the evidence on the record, as to the nonresponsibility of the lowest bidder. (Ord. 1897 , § 2 (part), 2002; Ord . 1583 , § 1 (part), 1992) 3.23.110 Rejection of Bids-Identical Bids-Absence of Bids. The City Council, in its sole discretion, may: A . Reject any bids presented and readvertise for new bids; B. Reject any bid that fails to meet the bidding requirements in any respect; C. If two or more bids are the same and the lowest, the City Council may accept the one it chooses ; D . If no bids are received, the City Council may have the project done without further complying with this chapter; E. Waive minor irregularities in any bid received . (Ord . 1583, § 1 (part), 1992) 3.23.120 Informal Bidding Procedure for Public Works Projects. Except as otherwise required by this chapter or under state or federal law, the bidding procedures of this chapter may be dispensed with for public works projects with an estimated dollar value equal to or less than the required dollar value specified in Subdivision (b) of Section 22032 of the Public Contract Code, and the following informal bidding procedures substituted: A. The City shall maintain a list of qualified contractors, identified according to categories of work . Minimum criteria for compilation of the contractor list shall be determined by the California Uniform Construction Cost Accounting Comrr.Jssion ("CcrnrrJssion") .... A...11 contractors on the list for the category of work being bid and/or all construction trade journals specified by the Commission shall be mailed a notice inviting informal bids, unless the product or service is proprietary. B . All mailing of notices to contractors and construction trade journals shall be completed not less than the number of days specified in Section 22304(c) of the California Public Contract Code, or as may be amended, before the date of opening the bids. C . The City Council hereby delegates the authority to award contracts pursuant to informal bidding to the City Manager or other person designated in writing by the City Manager. (Ord . 1632, 1993; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 4, 2016) 2016 S-56 3.23.130 Exempt from Bidding Requirements. The following are exempt from competitive bidding requirements: A. Professional Services. Includes, but is not restricted to, services of lawyers, architects, engineers, land surveyors, artists, and accountants ; B. Maintenance. Includes the maintenance and repair of streets and sewers, but does not include the furnishing of materials for such maintenance; C . Emergency Work. If there is a great public calamity, such as an extraordinary fire, flood , storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the City Council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life , health or property. Upon adoption of the resolution, the City may expend any sum required in the emergency without complying with this chapter ; D . Small Contracts . Any contract for public works projects with an estimated dollar value equal to or less than the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code; E. Meaningless Bids. Where the nature of the subject of the contract is such that competitive proposals would not produce an advantage and when the advertisement for competitive bidding would be undesirable, impracticable or impossible; F. Performance of Project After Rejection of Bids . After rejection of bids presented, the City Council may pass a resolution by a four-fifths vote declaring that the project can be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, the City is relieved from further compliance with formal bidding requirements. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992) 3.23.140 Performance Bond of Successful Bidder. The City Manager has authority to require a performance bond before entering a contract, in such amount as the City Manager finds reasonably necessary to protect the best interests of the City or as may be required by law. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord . 1583, § 1 (part), 1992) 3.23.150 Deposit of Proceeds. The cash or proceeds collected pursuant to this chapter shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost and publication of notice are paid. (Ord. 1583, § 1 (part), 1992) 3.23.160 Cupertino -Revenue and Finance 3.23.160 Additional Work by City Authority. Notwithstanding the provisions of this chapter, if the Director of Public Works determines that additional or extra work on an y public works project is required to complete the project as originally intended, the Director of Public Works is authorized to approve contract change orders for additional or extra work on any public works contract without complying with the bidding requirements established in this chapter, provided that each individual contract change order does not exceed the required dollar value for bidding established by Section 22032 of the California Public Contract Code; and, further, that the aggregate total of all such contract change orders for any one public works project does not exceed the value of the project contingency established for the project at the time the contract is awarded. Under this same authority , the Director of Public Works is authorized to approve extensions oftime to public works contracts up to a maximum of sixty calendar days. (Ord. 1900, § 1, 2002) 3.23.170 Deletions of Work by City Authority. The City reserves the right to delete up to twenty-five percent of the work on a public works contract where such deletions would advance the project as originally contemplated. (Ord. 1583, § 1 (part), 1992) 2016 S-56 20 5.16.010 CHAPTER 5.16: GARAGE AND PATIO SALES Section 5 .16.010 Purpose. 5.16.020 Definitions. 5.16.030 Limitation on sales. 5 . 16. 040 Sign requirements . 5.16.041 Presumption. 5.16.050 Display of goods . 5.16.060 Administrative authority . 5.16.070 Violation-Penalty . 5.16.010 Purpose. The City Council finds and declares as follows : A . The practice of holding garage and patio sales in the City has surpassed the casual nature, and, in some instances, has become a continuous professional, commercial activity ; B. Such activity is contrary to the residential character of the areas in which such sales are held; C. Such activity threatens the public health, safety and general welfare of the residents of the City. (Ord. 737, (part), 1976; Ord. 549, § 1, 1972) 5.16.020 Definitions. For the purposes of this chapter the following words shall have the meanings respectively ascribed to them by this section: A . "Sale" means any display or presentation of any merchru1dise or article in a garage or patio upon any residential premises , which merchandise or articles are offered in exchange for money, trade, barter, swap, or other disposition; B . "Garage" means that portion of any residential premises which is partially or wholly enclosed and is normally used for the storage of automobiles; C. "Patio" means that portion of any residential premises surfaced with concrete, brick asphalt, or gravel, which is normally used for out-of-doors leisure living , and includes , without limitation, any walkways or access to such patio. (Ord. 737, (part), 1976; Ord . 549, § 2, 1972) 5.16.030 Limitation on Sales. It is unlawful for more than two garage or patio sales to be conducted by the same person or persons at the same location within the City in any twelve month period . It is 2016 S-56 Repl. 11 unlawful for any garage or patio sale to be conducted for a greater period oftirne than two consecutive weekends of two days each. (Ord. 737, (part), 1976 ; Ord. 549, § 3, 1972) 5.16.040 Sign Requirements. A . The use of signs in connection with garage and patio sales is governed by Section 19 .104.250 of this code . (Ord . 1705, (part), 1995; Ord. 1625, 1993; Ord. 737, (part), 1976; Ord . 549 , § 4, 1972) 5.16.041 Presumption. In any prosecution charging a violation of Section 5 .16.040, it shall be presumed , subject to rebuttal , that the person who placed, erected or displayed any illegal sign is one of the following : A . The person who is conducting the sale; or B . The owner of the residential premises of which the garage or patio is part. (Ord . 771, (part), 1976) 5.16.050 Display of Goods. All goods to be sold shall be contained within the garage, in the patio area, the driveway or the front yard of the premises. (Ord . 1705, (part), 1995; Ord. 737, (part), 1976; Ord. 549 , § 5, 1972) 5.16.060 Administrative Authority. There is conferred upon the City Manager those powers and duties necessary for the administration of this chapter . In addition, there is also conferred upon the City Manager the authority and power to designate such City officers and employees as may be required to carry out the intent and purpose of this chapter. (Ord . 737, (part), 1976; Ord . 549, § 6, 1972) 5.16.070 Violation-Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 . (Ord. 1179, § 2 (part), 1982; Ord . 737, (part), 1976; Ord . 549, § 7 , 1972) Cupertino -Business Licenses and Regulations 12 43 Ord . No. 13-2109 13-2110 13-2111 13-2112 13-2113 13-2114 13-2115 14-2116 14-2117 2015 S-49 Comprehensive Ordinance List Amends 14.04.170 and 18.32.390 regarding acceptance of public improvements (14.04, 18 .32) Repealing and replacing Ch . 14.08 , encroachments and use of city rights-of- way (14.08) Amends 14 .12 .120 regarding condition for development or building permit (14.12) Rezoning certain land (Not Codified) Rezoning certain land (Not Codified) Approving development agreement between city and Apple, Inc .; repeals Ord. 1702 (Special) Amending Ch . 16; adding Ch. 16 .02, Administrative Code; repealing and replacing Ch . 16 .04, Building Code ; repealing and replacing Ch . 16 .06, Residential Code; repealing and replacing Ch . 16 .12, Soils and Foundations -Subdivisions; repealing and replacing Ch. 16 .16, Electrical Code; repealing and replacing Ch. 16 .20, Plumbing Code; repealing and replacing Ch . 16.24, Mechanical Code; repealing Ch. 16 .32, Swimming Pools; amends 16.36 .010, 16 .36.020, 16 .36 .030, 16 .36 .040, 16 .36.050, 16.36.070, 16 .36 .120 regarding relocation of buildings; repealing 16.36.130 regarding violations-penalty for moving buildings; repealing and replacing Ch . 16.40, Fire Code; amends 16 .54.010 regarding adoption of Energy Code; amends 16 .58 .010, 1 A <;Q (11" 1" '\Q na.n I h "i R J()(l .l..V • .JU.V.&.oJ, J..V•-'.....,•V ''-'> ..&."-'•-"""'•_......, ..... regarding the Green Building Standards Code (16 .02, 16.04, 16 .06, 16.12, 16.16, 16.20, 16.24, 16 .32, 16 .36, 16 .40 , 16.54 , 16.58) Adds 9.15.100 , 9 .15 .110, 9.15.120, 9 .15.130, 9 .14.140, prohibiting use of polystyrene foam disposable food service ware (9.15) Adds 16.58.400 and 16.58.420 to Ch . 16.58 , Green Building Standards Code; amends 1.08 .010, 1.08 .020, 1.08 .030 regarding right of entry for inspection (16 .58, 1.08) Ord . No. 14-2118 14-2119 14-2120 14-2121 14-2122 14 -2123 14-2124 14-2125 14-2126 15-2127 15 -2128 15 -2129 15-2130 Amends 11.27 .020, 11.27 .050, 11 . 27 . 145 regarding designation of preferential parking zones around the Civic Center Plaza ( 11. 27) Rezoning certain land (Not Codified) Amends 11. 08. 250 regarding designated bicycle lanes (11. 08) Amends 10 .56.020, 10.90.010, 10.90.020, 10.90 .040, and 10 .90 .050, regarding outdoor smoking (10.56, 10.90) Amends 9 .17 .130 regarding single-use carryout bags (9. 17) Adds 2. 08 .145 regarding City Council review (2. 08) Rezoning certain land (Not Codified) Adding Ch. 13.08 , park land dedication , amending Ch. 18.24, dedications and reservations , Ch . 19.08, definitions , Ch. 19 .12, Administration , Ch. 19.20 , permitted, conditional, and excluded uses in agricultural and residential zones, Ch. 19.56, density bonus, Ch . 19.76, Public Buildings (BA), Quasi -Building (BQ) and Transportation (T) zones, Ch . 19 .80, Planned Development (P) zones, Ch . 19 .84, Permitted, conditional and excluded uses in Open Space, Park and Recreation and Private Recreation zoning districts, Ch . 19 .144, development agreements, adding Ch. 19 .172, below market rate housing program (13 .08 , 18.24, 19.08, 19 .12 , 19 .20, 19 .56, 19 .76 , 19 .80 , 19 .84, 19 .144 , 19 .172) Amends Ch . 14 .18 regarding tree removal (14.18) Amends 2.36 .030 , 2 .36.0070, 2.36.080 and 2 .36 .090 regarding the City Park and Recreation Commission (2.36) Amends 11.32 .010 and adds 11.32 .055 regarding truck access to streets in school zones (11.32) Amends Ch . 2.40, Disaster Council (2.40) Amends Ch . 6 .24, Garbage, Non- Organic Recycling and Organic Waste Recycling Collection and Disposal ; amends Ch. 9.16, Solid Waste, Non-Organic Rec ycling and Recycling Areas (6.24, 9.16) Ord . No. 15-2131 15 -2132 15 -2133 15-2134 15-2135 15-2136 15-2137 15-2138 16 -2139 16-2140 16 -2141 16-2 142 16-2143 2016 S-56 Cupertino -Comprehensive Ordinance List Amends Ch. 15.32, Water Conservation (15 .32) Adds Ch. 2 .94, Sustainability Commission (2.94) Adds Ch . 16 .28, Expedited Permit Process for Small Rooftop Solar Systems (16.28) Amends 11.32.020, 11.32.055, 11.32.070 and 11.32.080 regarding truck routes and truck access within city and school zones, (11.32) Rezoning certain land (Not Codified) Amends§ 2 .12 .040, ordinance passage (2 .12) Amends § 2.04.010, regular meetings (2.04) Authorizing the implementation of a Community Choice Aggregation Program (Not Codified) An interim urgency ordinance establishing a moratorium on all medical marijuana facilities pending completion of an update to the zoning code (Not Codified) Amends § 19.08.030 regarding definitions (19.08), adds Ch . 19 .98 regarding medical marijuana (19 .98), and amends§ 19.152.030 regarding proposed ordinances (19 .152) Amends § 14.04 .110 and § 18 .56 .040 regarding street reimbursement charges (14.04, 18.56) Repealing and replacing landscape ordinance, §§ 14 .15.010, 14.15.020 , 14.15 .030, 14.15 .040, 14 .15.050, 14 .15 .060, 14.15.070, 14 .15 .080, 14.15 .090 , 14.15 .100 , 14 .15 .110, 14.15.120, 14 .15.130 , 14.15.140, 14.15 .150, 14 .15 .160, 14.15.170, 14.15 .180 (14.15) Amending 3 .23 .030 , 3.23.040 , 3.23.050, 3.23 .120 44