HomeMy WebLinkAbout2382 ORDINANCE NO. 2382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA 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
WHEREAS, Government Code section 835 allows a public entity, such as the City
of Arcadia ("City"), to be liable for an injury caused by a dangerous condition on its
property in certain instances; and
WHEREAS, Government Code section 830.6 allows a public entity to avoid liability
if placement of the object or improvement at issue was part of a plan or design for which
the public entity gave its discretionary approval; and
WHEREAS, the Arcadia Municipal Code ("AMC") does not currently include a
provision expressly providing that the plan or design for all public works projects must be
reviewed and approved by the City Council or its designees; and
WHEREAS, the City Council desires to take full advantage of the liability
protections of Government Code section 830.6; and
WHEREAS, in order to do so, the City Council must amend the AMC to expressly
provide for discretionary approval of all plans or designs for public works projects.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are true and correct and are
hereby adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2. Addition of AMC Section 2842.9. A new Section 2842.9 is hereby
added to Division 2 of Part 4 of Chapter 8 of Article II of the Arcadia Municipal Code, to
read in its entirety as follows:
"2842.9 — REVIEW AND APPROVAL OF PLANS AND SPECIFICATIONS
The Public Works Director and City Engineer, or their designees, are each
authorized to review and approve engineering plans for all Public Works Projects for
purposes of design immunity pursuant to Government Code Section 830.6. This shall
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 and which may bring into question the City's
liability for dangerous conditions of public property."
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held
to be unconstitutional, such decision shall not affect the validity of the remaining portion
of this Ordinance or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrase be declared unconstitutional.
If for any reason any portion of this Ordinance is found to be invalid by a court of
competent jurisdiction, the balance of this Ordinance shall not be affected.
SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
2
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published at least once in the official newspaper of the
City within fifteen (15) days after its adoption. This Ordinance shall take effect on the
thirty-first (31st) day after its adoption.
Passed, approved and adopted this 19th day of October, 2021 .
r
‘..--7--:::
Mayor of the t f Arcadia
ATTEST:
Ci lerk
i
APPROVED AS TO FORM:
Kge-4-, D
Stephen P. Deitsch
City Attorney
3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2382 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 19th day of October, 2021 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Beck, Chandler, Verlato, Cheng, and Tay
NOES: None
ABSENT: None
Cerk of the y of Arcadia
4