HomeMy WebLinkAboutItem 12c - Public Works Project Contract ProceduresOrdinance No. 2382 Adding Section 2842.9
to the Arcadia Municipal Code Public Works Contract Procedures
October 19, 2021
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DATE: October 19, 2021
TO: Honorable Mayor and City Council
FROM: Paul Cranmer, 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: Adopt
SUMMARY
At the October 5, 2021, meeting, the City Council introduced Ordinance No. 2382 to add
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. This agenda item would
provide for the second reading and adoption of the Ordinance. The October 5, 2021, staff
report and proposed Ordinance No. 2382 are attached to this report for review.
RECOMMENDATION
It is recommended that the City Council adopt 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.
Attachments: Ordinance No. 2382
October 5, 2021, City Council Staff Report
Introduce 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
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Attachment: Ordinance No. 2382