Corning Municipal Code Ch. 15.32 Contract and Bidding Procedures for Public Projects

The city of Corning elects to become subject to and adopts and incorporates into its Municipal Code the Uniform Public Construction Cost Accounting Act (California Public Contract Code Sections 22000 et seq.) and, including but not limited to, its "alternative procedures" as specifically set forth in Public Contract Code Section 22032 and adopts the following contract procedures for the dollar limitations set forth below:

A. Public projects of forty-five thousand dollars or less may be performed by employees of the city of Corning by force account, by negotiated contract or by purchase order.

B. Public projects of one hundred seventy-five thousand dollars or less may be let to contract by informal procedures as set forth below.

C. Public projects of more than one hundred seventy-five thousand dollars shall, except as otherwise provided herein or within the Uniform Public Construction Cost Accounting Act (California Public Contract Code 22000 et. seq.), be let to contract by formal bidding procedures.

The dollar amount limits set forth in California Public Contract Code sections 22030 through 22045, as amended from time to time, are hereby adopted and shall apply throughout this Chapter 15.32 and, wherever they differ from the limits specified in this chapter of the Municipal Code, they shall replace the Municipal Code limits otherwise set forth herein.

(Ord. 601 §1(part), 2003).

(Ord. No. 636, §§ 1—3, 8-11-2009; Ord. No. 646, §§ 1, 2, 6-14-2011; Ord. No. 651, § 2, 2-12-2013)

Public projects, as defined by the Act, of one hundred seventy-five thousand dollars or less may be let to contract by informal procedures as set forth in Section 22032 et seq., of the Public Contract Code.

(Ord. 601 §1(part), 2003).

(Ord. No. 646, § 3, 6-14-2011; Ord. No. 651, § 2, 2-12-2013)

A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

(Ord. 601 §1(part), 2003).

When a public project is to be performed which is subject to the provisions of this chapter a notice inviting informal bids shall be mailed at least ten days before bids are due to all contractors for the category of work to be bid, as shown on the list developed in accordance with the preceding section, or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code or to both such contractors and trade journals. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided however:

A. If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

B. If the product of 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.

(Ord. 601 §1(part), 2003).

If all bids received are in excess of one hundred seventy-five thousand dollars, the city council may by passage of a resolution by a four-fifths vote, award the contract, at one hundred eighty-seven thousand five hundred dollars, or less, to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable.

(Ord. 601 §1(part), 2003).

(Ord. No. 651, § 2, 2-12-2013)

The city manager and the director of public works are each authorized to award informal contracts pursuant to this section. Contracts in the amount of five thousand dollars or less may be awarded without advance council authorization if they do not cause expenditures to exceed any current fiscal year's budget limitations. Contracts in excess of five thousand dollars may only be awarded upon advance approval of the city council.

(Ord. 601 §1(part), 2003).

The following words and phrases, whenever used in this article, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning:

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city or city on another similarly situated application in a prior successful application for a permit.

"Building official" means the city's senior building inspector or his or her designee.

"Electric vehicle charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

"Electronic submittal" means the utilization of one or more of the following:

1. Email.

2. The internet.

3. Facsimile.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standers, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. No. 697, § 1, 3-22-2022)

The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code section 65850.7.

(Ord. No. 697, § 1, 3-22-2022)

A building permit is required to install an electric vehicle charging station. An application for a building permit to install an electric vehicle charging station shall be processed in accordance with section 65850.7 of the Government Code.

(Ord. No. 697, § 1, 3-22-2022)

Corning is adopting this chapter in order to create an expedited, streamlined permitting process for electric vehicle charging stations.

A. To facilitate an expedited permitting process, the building official is hereby authorized and directed to develop and adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

B. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The checklist shall be published on the City of Corning internet website.

C. Prior to submitting an application, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: Electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by electric vehicle charging station equipment and associated conduits; and areas of electric vehicle charging station equipment and vehicle parking.

D. An application under this section may be submitted by personal, mailed, or electronic (including electronic signatures on all forms, applications, and other documentation) submittal together with any required permit processing and inspection fees.

E. An application that satisfies the requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

F. Upon confirmation by the building official of the application and supporting documentation being complete, meeting the requirements of the checklist, and being consistent with all applicable laws and health and safety standards, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until all required inspections have been finaled by the City of Corning. Such approval also does not authorize an applicant to connect the electric vehicle charging station to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

G. An electric vehicle charging station shall meet all applicable health and safety standards and requirements imposed by state and city permitting authorities and shall meet all applicable safety and performance standards established by the 2016 California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as underwriters laboratories and, where applicable, the rules of the Public Utilities Commission regarding safety and reliability.

H. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. The building official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

I. If the building official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the applicant shall be required to apply for a conditional use permit. The decision of the building official that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety may be appealed to the planning commission.

J. When making a decision on a conditional use permit for an electric vehicle charging station, the planning commission, as well as the city council on appeal, may not deny the conditional use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

(Ord. No. 697, § 1, 3-22-2022)

A. Inspections shall be required and performed by the building division for electric vehicle charging stations.

B. The inspections shall be done in an efficient inspection process, in a timely manner, and should include consolidated inspections when applicable; inspection measures taken should be consistent with safety requirements that ensure that the electric vehicle charging stations are properly installed.

C. If electric vehicle charging stations fail inspections, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Ord. No. 697, § 1, 3-22-2022)