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HomeMy WebLinkAboutItem 11c - Public Works Project Contract ProceduresIntroduce Ordinance No. 2382 Adding Section 2842.9 to the Arcadia Municipal Code Public Works Contract Procedures October 5, 2021 Page 1 of 3 DATE: October 5, 2021 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Anabel Carrillo, Public Works Office Coordinator SUBJECT: ORDINANCE NO. 2382 ADDING SECTION 2842.9 TO DIVISION 2 OF PART 4 OF CHAPTER 8 OF ARTICLE II OF THE ARCADIA MUNICIPAL CODE RELATING TO PUBLIC WORKS PROJECT CONTRACT PROCEDURES Recommendation: Introduce SUMMARY Government Code Section 830.6 provides public agencies with a design immunity defense for any Public Works projects designed and constructed by the public agency, provided that the design was approved in advance of the construction by the agency’s legislative body or by an employee authorized by the legislative body to adopt a design. The proposed Ordinance would update the Arcadia Municipal Code to have the City Council designate the Public Works Services Director and City Engineer, or their designees, the authority to review and approve engineering plans and designs for all Public Works projects for the purposes of design immunity. It is recommended that the City Council Introduce Ordinance No. 2382 adding Section 2842.9 to Division 2 of Part 4 of Chapter 8 of Article II of the Arcadia Municipal Code relating to Public Works project contract procedures and find that this action is categorically exempt under the California Environmental Quality Act. BACKGROUND When Public Works projects are awarded by the City Council, language is not typically included in the City Council action to specifically approve plans and specifications. It is important that the City minimizes its liability exposure related to design and construction of public improvement projects by establishing procedures that ensure the City maintains full design immunity protection afforded by Government Code Section 830.6. In order to better protect the City from potential design defect claims and preserve its design immunity protection, it is recommended that the City Council amend the Arcadia Introduce Ordinance No. 2382 Adding Section 2842.9 to the Arcadia Municipal Code Public Works Contract Procedures October 5, 2021 Page 2 of 3 Municipal Code to expressly provide for discretionary approval of all plans or designs for Public Works projects. DISCUSSION The proposed Ordinance would update the City’s existing Public Works project contract procedures to grant the Public Works Services Director and City Engineer, or their designees, the authority to review and approve engineering plans and designs for all Public Works projects for the purposes of design immunity. This would include the working details, drawings, and plans and specifications prepared for every Public Works project, including emergency and change order work, which may affect the design or operation of public improvements. It is important to note that the proposed ordinance does not in any way impact, affect, or change the City Council’s discretion and authority to approve projects and appropriate project funding pursuant to other applicable City policies and procedures. The proposed Ordinance also does not circumvent other established project design review and approval processes. The proposed Ordinance merely expressly authorizes the designated employees to approve the documents required to ensure full design immunity for projects in the absence of such explicit approvals by the City Council. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines. FISCAL IMPACT The introduction of Ordinance No. 2382 has no direct fiscal impact; however, maintaining full design immunity could have significant impacts in avoiding and/or successfully defending lawsuits against the City, which could ultimately save the City substantial dollars in defense costs, settlements, and judgments. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project and is, therefore, exempt under the California Environmental Quality Act (“CEQA”); and introduce Ordinance No. 2382 adding Section 2842.9 to Division 2 of Part 4 of Chapter 8 of Article II of the Arcadia Municipal Code relating to Public Works Project contract procedures. Introduce Ordinance No. 2382 Adding Section 2842.9 to the Arcadia Municipal Code Public Works Contract Procedures October 5, 2021 Page 3 of 3 Attachment: Ordinance No. 2382