HomeMy WebLinkAbout2019-10-08; City Council; ; Amend Carlsbad Municipal Code Chapter 3.28, Chapter 5.29, and Chapter 10.08 to update staff roles for reviewing and approving plans and specifications for traffic controlCA Review fh....&
(i) S~~f i R~port
Meeting Date:
To:
From:
Staff Contact:
Subject:
Oct. 8, 2019
Mayor and City Council
Scott Chadwick, City Manager
Paz Gomez, Deputy City Manager, Public Works
Paz.Gomez@carlsbadca.gov, 760-602-2751
Amend Carlsbad Municipal Code Chapter 3.28, Chapter 5.29, and Chapter
10.08 to update staff roles for reviewing and approving plans and
specifications for traffic control devices and construction projects.
Recommended Action
1. Introduce an Ordinance amending Carlsbad Municipal Code (CMC) Chapter 3.28,
Chapter 5.29, and Chapter 10.08 to update staff roles for reviewing and approving plans
and specifications for traffic control devices and construction projects.
2. Adopt a Resolution delegating authority to additional staff positions to review and
approve plans and specifications for traffic control devices and construction projects not
approved by City Council. .
Executive Summary
Currently the CMC authorizes only the Transportation Director and the City Council to review
and approve plans and specifications for traffic control devices and construction projects.
Review and approval of such plans and specifications, by either the City Council or an employee
with delegated authority to do so, is necessary for the city to claim design immunity under
Government Code section 803.6 on a resulting construction project.
The proposed amendments will remove the Transportation Director from this process, and
delegate authority to the City Traffic Engineer and the Deputy City Manager of the Public Works
Branch to review and approve plans and specifications for traffic control devices and
construction projects, respectively, when City Council does not otherwise do so. They also allow
the City Council to designate other qualified city staff, via resolution, to act in these roles.
Discussion
Staff is proposing amendments to CMC Chapter 3.28, Chapter 5.29, and Chapter 10.08 to
update staff roles for reviewing and approving plans and specifications for traffic control
devices and construction projects. Currently, under CMC section 3.28.080(E), the City Council
adopts plans and specifications for construction projects that are formally bid (project exceeds
$275,000). Additionally, acting in the role of the City Traffic Engineer, the Transportation
Director has authority to review and approve plans for traffic control devices under CMC
October 8, 2019 Item #4 Page 1 of 17
Chapter 10.08. These CMC provisions affect whether the city may assert a design immunity
defense to a dangerous condition of public property claim resulting from a construction project.
Design immunity under Government Code section 803.6 is established if three elements are
met: (1) a causal relationship between the plan or design and the accident; (2) discretionary
approval of the plan or design before construction; and (3) substantial evidence supporting the
reasonableness of the plan or design. Cornette v. Dept. of Transportation (2001) 26 Cal.4th 63,
66. "Discretionary approval" occurs if either the City Council, or staff with delegated authority
to do so, reviews and approves construction plans and specifications before project
construction. Therefore, under current CMC provisions, the City Council must review and
approve traffic control device project plans to satisfy design immunity requirements if the
Transportation Director is vacant.
The proposed amendments clarify current staff roles in this process and provide greater
flexibility by delegating authority to additional staff to review and approve plans and
specifications for construction projects, including traffic control devices. They remove the
Transportation Director from this process because a separate staff position now exists for the
City Traffic Engineer. They also delegate authority to the City Traffic Engineer and the Deputy
City Manager of the Public Works Branch to review and approve plans and specifications for
traffic control devices and construction projects, respectively, when City Council does not
otherwise do so. Last, they allow the City Council to designate other qualified city staff, via
resolution, to act in these roles of the City Traffic Engineer and Deputy City Manager of the
Public Works Branch.
Staff is proposing the following specific revisions to CMC Chapter 3.28, Sections 3.28.030 and
3.28.080, Chapter 5.29, Section 5.29.040 and Chapter 10.08, Section 10.08.060:
1. Section 3.28.030-adds definitions for "City director of public works" and "City traffic
engineer" for purposes of Chapter 3.28.
2. Section 3.28.080(F) -requires the City Traffic Engineer, or another professional civil
engineer licensed by the State of California designated by City Council resolution, to
review and approve plans and specifications for all traffic control devices in construction
projects not approved by the City Council.
3. Section 3.28.080(G) -requires the Deputy City Manager of the Public Works Branch, or
another professional civil engineer licensed by the State of California designated by City
Council resolution, to review and approve plans and specifications for all construction
projects not approved by the City Council or the City Traffic Engineer under section
3.28.080(F).
4. Section 5.29.040-for consistency with the city's current organizational structure,
clarifies that the "City director of public works" also means the Deputy City Manager of
the Public Works Branch.
5. Section 10.08.060 -removes the Transportation Director from acting in the role of the
City Traffic Engineer, so that the powers and duties specified in this section will be
exercised by the individual occupying the City Traffic Engineer staff position.
October 8, 2019 Item #4 Page 2 of 17
The accompanying resolution delegates authority, under proposed CMC sections 3.28.080(F)
and 3.28.080(G), to: (1) the positions of Acting City Traffic Engineer and Senior Engineer to
review and approve plans and specifications for traffic control devices, contingent on the
individuals being professional civil engineers licensed by the State of California; and (2) the
positions of Transportation Director and Acting Transportation Director to review and approve
plans and specifications for construction projects, contingent on the individuals being
professional civil engineers licensed by the State of California. The delegation under the
resolution also coincides with the effective date of the proposed CMC amendments.
Fiscal Analysis
The proposed changes to the CMC have no fiscal impact.
Next Steps
The Ordinance will be brought back to City Council on Oct. 15, 2019 for adoption. The
Ordinance will become effective 30 days after adoption.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, the proposed amendments to the municipal
code do not constitute a "project" within the meaning of the California Environmental Quality
Act (CEQA) in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council Ordinance.
2. Redline/strikeout version of Ordinance.
3. City Council Resolution.
October 8, 2019 Item #4 Page 3 of 17
ORDINANCE NO. CS-361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 3.28, AND
SECTIONS 5.29.040 AND 10.08.060 REGARDING REVIEW AND APPROVAL OF
PLANS AND SPECIFICATIONS FOR TRAFFIC CONTROL DEVICES AND
CONSTRUCTION PROJECTS.
WHEREAS, the Carlsbad Municipal Code (CMC) currently authorizes the Transportation Director
and the City Council of the City of Carlsbad to review and approval plans and specifications for traffic
control devices and construction projects; and
WHEREAS, review and approval of such plans and specifications, by either the City Council or
City staff with delegated authority to do so, is necessary for the City to claim design immunity under
California Government Code section 803.6 for a resulting construction project; and
WHEREAS, the proposed CMC amendments will delegate authority to qualified City staff to
review and approve plans and specifications for traffic control devices and construction projects when
the City Council does not otherwise do so.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows
that:
SECTION I. The above recitations are true and correct.
SECTION II. That Carlsbad Municipal Code section 3.28.030 is amended to read as follows:
3.28.030 Definitions.
For the purposes of this chapter, the following definitions apply:
"Awarding authority" means the entity who has the power to legally assign work, accept bids
and bind the city to a contract.
"Best value" means the best value to the city based on all factors that may include the following:
1. Cost;
2. The ability, capacity and skill of a contractor to perform a contract or provide the
supplies, services or equipment required;
3. The ability of a contractor to provide the supplies, services or equipment promptly or
within the time specified without delay or interferences;
4. The character, integrity, reputation, judgment, experience and efficiency of a
contractor;
5. The quality of a contractor's performance on previous purchases/services with the city;
and
October 8, 2019 Item #4 Page 4 of 17
6. The ability of a contractor to provide future maintenance, repairs, parts and services for
the use of the goods and services purchased.
"Bid, contract or proposal documents" means the documents, including their attachments and
addenda, which set forth instructions to bidders or proposers and which are disseminated
for the purpose of soliciting bids or proposals.
"Capital outlay item" means fixed asset equipment with a monetary value that meets or
exceeds an amount established by the finance director.
"City director of public works" means the director of public works or the deputy city manager
of the public works branch of the City of Carlsbad.
"City traffic engineer" has the same meaning as set forth in Carlsbad Municipal Code section
10.08.060, as it may be amended from time to time.
"Construction projects" or "construction" means those public projects defined in California
Public Contract Code Section 22002(c).
"Contract" is synonymous to "agreement" and, regardless of which term is used, it means an
agreement between the city and one or more other parties for the purchase or disposition
of goods, services, professional services, and/or construction projects.
"Contractor" includes vendor and means any business entity/party that has entered into a
contract with the city for the provision or disposition of goods, services, professional
services, and/or construction projects.
"End user" means the City of Carlsbad and includes, any city department/division requesting
goods, services, professional services, and/or construction projects.
"Fixed asset equipment" means equipment of a permanent nature that has a useful life of more
than one year and meets or exceeds a monetary value established by the finance director.
"Goods" means articles or items that are moveable at the time of sale, including but not limited
to equipment, supplies and/or materials.
"Procurement" or "procure" means the acquisition of goods, services, professional services, or
construction projects by the city, including but not limited to purchasing, renting or leasing,
and all functions and procedures pertaining to such acquisitions.
"Professional services" means the procurement of services that involve the exercise of
professional discretion and independent judgment based on advanced or specialized
knowledge, expertise or training gained by formal study or experience. Such professional
services include, but are not limited to, services provided by appraisers, architects,
engineers, instructors, insurance advisors, physicians and/or other specialized consultants.
Professional services includes, but is not limited to, those professionals as defined in
California Government Code Section 4526. Professional services does not include
attorney/legal services.
"Purchasing officer" means the person(s) responsible for the procurement of goods, services,
professional services, and/or construction projects in accordance with the provisions of
this chapter. The person(s) designated, in writing, by the city manager as the purchasing
officer of the city, or an individual specifically authorized by the purchasing officer to act
on his or her behalf.
"Responsible bidder" means a bidder determined by the awarding authority:
October 8, 2019 Item #4 Page 5 of 17
1. To have the ability, capacity, experience and skill to provide the goods, services,
professional services, and/or construction projects in accordance with bid
specifications, and if applicable;
2. To have the ability to provide the goods, services, professional services, and/or
construction projects promptly, or within the time specified, and if applicable;
3. To have equipment, facilities and resources of such capacity and location to enable the
bidder to provide the required goods, services, professional services, and/or
construction projects, and if applicable;
4. To be able to provide future maintenance, repair, parts and service for the use of the
goods and/or construction projects purchased, and if applicable;
5. To have a record of satisfactory performance under prior contracts with the city or other
purchasers where such bidder has previously been awarded such contract.
"Responsive bidder" means a bidder determined by the awarding authority to have submitted
a complete bid or proposal which conforms in all material respects to the requirements of
the bid, contract, or other proposal documents.
"Services" means work performed, or labor, time and effort expended, by the contractor.
"Specifications" means the description of the physical and/or functional characteristics or of
the nature of the required goods, services, professional services, and/or construction
projects.
"Surplus personal property" means goods that are owned by the city and which are no longer
needed or which are obsolete or unserviceable, or property that is a by-product (e.g., scrap
metal, used tires and oil, etc.).
"UPCCM" means Uniform Public Construction Cost Accounting Act. (California Public Contract
Code Section 22000, et seq.)
SECTION Ill. That Carlsbad Municipal Code section 3.28.080 is amended to read as follows:
3.28.080 Construction projects.
Except where specifically exempted from such laws by ordinance of the city council, contracts
for construction projects in the city shall be governed by applicable state laws including the
California Public Contract Code, Division 2, Part 1, and Division 2, Part 3, the Local Agency Public
Construction Act, which includes the adoption by the city of the alternative provisions of the
Uniform Public Construction Cost Accounting Act for use in the city. Contracts for construction
projects shall also be governed by the current edition of the standard specifications for public
works construction and the latest supplement thereto, adopted by the Greenbook Committee
of the Public Works Standards, Inc., except as otherwise provided by the city council or the city
manager if the contract is within his or her authority.
A. Construction projects less than the amount specified in Section 22032(a) of the California
Public Contract Code may be performed by city employees by force account, by negotiated
contract or by purchase order.
October 8, 2019 Item #4 Page 6 of 17
B. Construction projects less than the amount specified in Section 22032(b) of the California
Public Contract Code may be let to contract by informal procedures set forth in this section.
C. Construction projects of more than the amount specified in Section 22032(c) of the California
Public Contract Code shall be let by formal bidding procedure.
D. It shall be unlawful to split or separate work or projects into smaller work orders on projects
for the purpose of evading the provisions of this chapter.
E. The city council shall adopt plans and specifications for all construction projects to be
formally bid when the value exceeds the limits established by the UPCCAA.
F. The city traffic engineer, or another professional civil engineer licensed by the State of
California that is designated by city council resolution, shall review and approve plans and
specifications for all traffic control devices included in construction projects not adopted
by city council pursuant to subsection (E) of this section.
G. The city director of public works, or another professional civil engineer licensed by the State
of California that is designated by city council resolution, shall review and approve plans
and specifications for all construction projects not adopted by city council pursuant to
subsection (E) of this section, except for plans and specifications reviewed and approved
pursuant to subsection (F) of this section.
H. The informal bidding for construction projects procedures shall include the following
procedures:
1. The purchasing officer or designee shall develop a list of qualified contractors eligible to
submit bids on informal contracts awarded by the city. The list shall be organized in
accordance with the license classifications of the contractor's state license board.
2. The purchasing officer or designee shall mail notice inviting informal bids to all
contractors on the list of qualified contractors and construction trade journals not less
than 10 calendar days before bids are due.
3. The notice inviting informal bids shall describe the project in general terms, how to
obtain more detailed information about the project, the time, date and place for the
submission of bids, and whether or not the project will require the payment of
prevailing wages.
4. When the awarding authority deems feasible, bid documents may be transmitted
and/or received over the internet.
5. The awarding authority may in its sole discretion reject any or all bids presented and
waive any minor irregularity or informality in such bids. The contract shall be awarded
to the lowest responsive, responsible bidder. If no bids are received through the
informal procedure, the project may be performed by city employees, by force
account or negotiated contract without further complying with this section.
6. The city manager or designee shall award all informal contracts.
I. The formal bidding procedures for construction projects shall include the following:
1. The purchasing officer, or delegate, shall mail notice inviting formal bids for construction
projects to construction trade journals at least 15 calendar days before the bid
opening date. The notice inviting formal bids shall be published at least 14 calendar
days before the bid opening date in a newspaper of general circulation in the city. In
October 8, 2019 Item #4 Page 7 of 17
addition to the newspaper, the notice inviting formal bids may be advertised in any
manner which will permit the information to be widely disseminated.
2. When the awarding authority deems feasible, bid documents may be transmitted
and/or received over the internet.
3. The awarding authority may waive any minor irregularity or informality in such bids or
may, in its sole discretion, reject all bids presented.
4. The contract shall be awarded to the lowest responsive, responsible bidder.
5. If no bids are received through the formal procedure, the project may be performed by
city employees, by force account or negotiated contract without further complying
with this section.
6. The city council shall award all formal contracts.
SECTION IV. That Carlsbad Municipal Code section 5.29.040 is amended to read as follows:
5.29.040 Definitions.
For purposes of this chapter, the following terms, phrases, words, and their derivations shall
have the meaning given in this chapter. Unless otherwise expressly stated, words not defined
in this chapter shall be given the meaning set forth in the Digital Infrastructure and Video
Competition Act of 2006, Division 2.5 of the California Public Utilities Code, Section 5800 et seq.
("DIVCA"). When not inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular number, words in the singular number
include the plural number, and "including" and "include" are not limiting. The word "shall" is
always mandatory.
"Access channel" means any channel on a cable system or video system set aside by a state
franchise holder for public, educational, or governmental use.
"Applicable law" means all lawfully enacted and applicable federal, state, and city laws,
ordinances, codes, rules, regulations and orders as the same may be amended or adopted
from time to time.
"Applicant" means any person submitting any application required under Division 2.5 of the
California Public Utilities Code.
"Cable service" means: (1) the one-way transmission to subscribers of video programming or
other programming services; and (2) subscriber interaction, if any, which is required for
the selection or use of such video programming or other programming service.
"City" means the City of Carlsbad, a municipal corporation of the State of California, in its
present incorporated form or in any later reorganized, consolidated, enlarged or
reincorporated. Any act that may be taken by the city may be taken by the city council or
any agency, department, agent or other entity now or hereafter authorized by the city
council to act on the city's behalf.
"City council" means the governing body of the City of Carlsbad, California.
October 8, 2019 Item #4 Page 8 of 17
"City director of public works" means the director of public works or the deputy city manager
of the public works branch of the City of Carlsbad or designated representative.
"City manager" means the city's chief executive officer or any designee thereof.
"Construction," "operation," or "repair" and similar formulations of those terms mean the
named actions interpreted broadly, encompassing, among other things, installation,
extension, maintenance, replacement of components, relocation, undergrounding,
grading, site preparation, adjusting, testing, make-ready, excavation and tree trimming.
The term "operation" does not encompass or regulate the provision of services, but refers
to activities affecting rights-of-way and other property subject to the jurisdiction of the
city.
"DIVCA" means the Digital Infrastructure and Video Competition Act of 2006, Division 2.5 of the
California Public Utilities Code, Section 5800 et seq., as may be amended from time to
time.
"Gross revenues" means all revenues (whether in the form of cash or other consideration) of a
state franchise holder or its affiliates in any way derived from its operations within the city.
"Incumbent cable operator" shall have the same meaning as in DIVCA.
"Network" shall have the same meaning as in DIVCA.
"PEG" or "public, educational, and governmental" shall have the same meaning as in DIVCA.
"Person" means any natural person and all domestic and foreign corporations, associations,
syndicates, joint stock corporations, partnerships of every kind, clubs, business or common
law trusts and societies. The term does not include the city.
"Public rights-of-way" shall have the same meaning as in DIVCA.
"State franchise" or "state video franchise" means a franchise issued by the California Public
Utilities Commission to provide cable service or video service, as those terms are defined
in DIVCA, within any portion of the city.
"State franchise holder" or "state video franchise holder" means a person who holds a state
franchise.
"Subscriber" means the city or any person who legally receives any cable service or video service
from a state franchise holder delivered over that state franchise holder's network.
"User" means a person or the city utilizing a channel, capacity or equipment and facilities for
purposes of producing or transmitting material, as contrasted with the receipt thereof in
the capacity of a subscriber.
"Video service" shall have the same meaning as in DIVCA.
SECTION V. That Carlsbad Municipal Code Section 10.08.060 is amended to read as follows:
10.08.060 City traffic engineer-Office established-Powers and duties generally.
The office of city traffic engineer is established. The city traffic engineer as used in this Code is
defined as the city employee that directs the traffic division of the transportation department
October 8, 2019 Item #4 Page 9 of 17
of the City of Carlsbad. The city traffic engineer shall exercise the powers and duties with
respect to traffic as provided in this chapter and elsewhere in this Code.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 8th day
of October 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ ~ 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
October 8, 2019 Item #4 Page 10 of 17
EXHIBIT2
3.28.030 Definitions.
For the purposes of this chapter, the following definitions apply:
"Awarding authority" means the entity who has the power to legally assign work, accept bids and
bind the city to a contract.
"Best value" means the best value to the city based on all factors that may include the following:
1. Cost;
2. The ability, capacity and skill of a contractor to perform a contract or provide the
supplies, services or equipment required;
3. The ability of a contractor to provide the supplies, services or equipment promptly or
within the time specified without delay or interferences;
4. The character, integrity, reputation, judgment, experience and efficiency of a contractor;
5. The quality of a contractor's performance on previous purchases/services with the city;
and
6. The ability of a contractor to provide futur~ maintenance, repairs, parts and services for
the use of the goods and services purchased.
"Bid, contract or proposal documents" means the documents, including their attachments and
addenda, which set forth instructions to bidders or proposers and which are disseminated
for the purpose of soliciting bids or proposals.
"Capital outlay item" means fixed asset equipment with a monetary value that meets or exceeds
an amount established by the finance director.
"City director of public works" means the director of public works or the deputy city manager of
the public works branch of the City of Carlsbad.
"City traffic engineer" has the same meaning as set forth in Carlsbad Municipal Code section
10.08 .060, as it may be amended from time to time.
"Construction projects" or "construction" means those public projects defined in California Public
Contract Code Section 22002(c).
"Contract" is synonymous to "agreement" and, regardless of which term is used, it means an
agreement between the city and one or more other parties for the purchase or disposition of
goods, services, professional services, and/or construction projects.
"Contractor'' includes vendor and means any business entity/party that has entered into a contract
with the city for the provision or disposition of goods, services, professional services, and/or
construction projects.
"End user" means the City of Carlsbad and includes, any city department/division requesting
goods, services, professional services, and/or construction projects.
"Fixed asset equipment" means equipment of a permanent nature that has a useful life of more
than one year and meets or exceeds a monetary value established by the finance director.
"Goods" means articles or items that are moveable at the time of sale, including but not limited to
equipment, supplies and/or materials.
"Procurement" or "procure" means the acquisition of goods, services, professional services, or
construction projects by the city, including but not limited to purchasing, renting or leasing,
and all functions and procedures pertaining to such acquisitions.
October 8, 2019 Item #4 Page 11 of 17
EXHIBIT 2
"Professional services" means the procurement of services that involve the exercise of
professional discretion and independent judgment based on advanced or specialized
knowledge, expertise or training gained by formal study or experience. Such professional
services include, but are not limited to, services provided by appraisers, architects,
engineers, instructors, insurance advisors, physicians and/or other specialized consultants.
Professional services includes, but is not limited to, those professionals as defined in
California Government Code Section 4526. Professional services does not include
attorney/legal services.
"Purchasing officer" means the person(s) responsible for the procurement of goods, services,
professional services, and/or construction projects in accordance with the provisions of this
chapter. The person(s) designated, in writing, by the city manager as the purchasing officer
of the city, or an individual specifically authorized by the purchasing officer to act on his or
her behalf.
"Responsible bidder" means a bidder determined by the awarding authority:
1, To have the ability, capacity, experience and skill to provide the goods, services,
professional services, and/or construction projects in accordance with bid
specifications, and if applicable;
2. To have the ability to provide the goods, services, professional services, and/or
construction projects promptly, or within the time specified, and if applicable;
3. To have equipment, facilities and resources of such capacity and location to enable the
bidder to provide the required goods, services, professional services, and/or
construction projects, and if applicable;
4. To be able to provide future maintenance, repair, parts and service for the use of the
goods and/or construction projects purchased, and if applicable;
5. To have a record of satisfactory performance under prior contracts with the city or other
purchasers where such bidder has previously been awarded such contract.
"Responsive bidder" means a bidder determined by the awarding authority to have submitted a
complete bid or proposal which conforms in all material respects to the requirements of the
bid, contract, or other proposal documents.
"Services" means work performed, or labor, time and effort expended, by the contractor.
"Specifications" means the description of the physical and/or functional characteristics or of the
nature of the required goods, services, professional services, and/or construction projects.
"Surplus personal property" means goods that are owned by the city and which are no longer
needed or which are obsolete or unserviceable, or property that is a by-product (e.g., scrap
metal, used tires and oil, etc.).
"UPCCAA" means Uniform Public Construction Cost Accounting Act. (California Public Contract
Code Section 22000, et seq.)
3.28.080 Construction projects.
Except where specifically exempted from such laws by ordinance of the city council, contracts for
construction projects in the city shall be governed by applicable state laws including the California
Public Contract Code, Division 2, Part 1, and Division 2, Part 3, the Local Agency Public
Construction Act, which includes the adoption by the city of the alternative provisions of the
Uniform Public Construction Cost Accounting Act for use in the city. Contracts for construction
. projects shall also be governed by the current edition of the standard specifications for public
October 8, 2019 Item #4 Page 12 of 17
EXHIBIT 2
works construction and the latest supplement thereto, adopted by the Greenbook Committee of
the Public Works Standards, Inc., except as otherwise provided by the city council or the city
manager if the contract is within his or her authority.
A Construction projects less than the amount specified in Section 22032(a) of the California
Public Contract Code may be performed by city employees by force account, by negotiated
contract or by purchase order.
B. Construction projects less than the amount specified in Section 22032(b) of the California
Public Contract Code may be let to contract by informal procedures set forth in this section.
C. Construction projects of more than the amount specified in Section 22032(c) of the California
Public Contract Code shall be let by formal bidding procedure.
D. It shall be unlawful to split or separate work or projects into smaller work orders on projects
for the purpose of evading the provisions of this chapter.
E. The city council shall adopt plans and specifications for all construction projects to be
formally bid when the value exceeds the limits established by the UPCCAA.
F. The city traffic engineer, or another professional civil engineer licensed by the State of
California that is designated by city council resolution, shall review and approve plans and
specifications for all traffic control devices included in co nstruction projects not adopted by
city council pursuant to subsection (E) of this section.
G. The city director of public works, or another professional civil engineer licensed by the State
of California that is designated by city council resolution, shall review and approve plans and
specifications for al l construction projects not adopted by city council pursuant to subsection
(E) of this section, except for plans and specifications reviewed and approved pursuant to
subsection (F) of th is section .
f:H . The informal bidding for construction projects procedures shall include the following
procedures:
1. The purchasing officer or designee shall develop a list of qualified contractors eligible
to submit bids on informal contracts awarded by the city. The list shall be organized in
accordance with the license classifications of the contractor's state license board.
2. The purchasing officer or designee shall mail notice inviting informal bids to all
contractors on the list of qualified contractors and construction trade journals not less
than 1 0 calendar days before bids are due.
3. The notice inviting informal bids shall describe the project in general terms, how to
obtain more detailed information about the project, the time, date and place for the
submission of bids, and whether or not the project will require the payment of prevailing
wages.
4. When the awarding authority deems feasible, bid documents may be transmitted and/or
received over the internet.
5. The awarding authority may in its sole discretion reject any or .all bids presented and
waive any minor irregularity or informality in such bids. The contract shall be awarded
to the lowest responsive, responsible bidder. If no bids are received through the informal
procedure, the project may be performed by city employees, by force account or
negotiated contract without further complying with this section.
6. The city manager or designee shall award all informal contracts.
Gl. The formal bidding procedures for construction projects shall include the following:
1. The purchasing officer, or delegate, shall mail notice inviting formal bids for construction
projects to construction trade journals at least 15 calendar days before the bid opening
October 8, 2019 Item #4 Page 13 of 17
-1
EXHIBIT 2
date. The notice inviting formal bids shall be published at least 14 calendar days before
the bid opening date in a newspaper of general circulation in the city. In addition to the
newspaper, the notice inviting formal bids may be advertised in any manner which will
permit the information to be widely disseminated.
2. When the awarding authority deems feasible, bid documents may be transmitted and/or
received over the internet. ·
3. The awarding authority may waive any minor irregularity or informality in such bids or
may, in its sole discretion, reject all bids presented.
4. The contract shall be awarded to the lowest responsive, responsible bidder.
5. If no bids are received through the formal procedure, the project may be performed by
city employees, by force account or negotiated contract without further complying with
this section.
6. The city council shall award all formal contracts.
5.29.040 Definitions.
For purposes of this chapter, the following terms, phrases, words, and their derivations shall have
the meaning given in this chapter. Unless otherwise expressly stated, words not defined in this
chapter shall be given the meaning set forth in the Digital Infrastructure and Video Competition
Act of 2006, Division 2.5 of the California Public Utilities Code, Section 5800 et seq. ("DIVCA").
When not inconsistent with the context, words used in the present tense include the future, words
in the plural number include the singular number, words in the singular number include the plural
number, and "including" and "include" are not limiting. The word "shall" is always mandatory.
"Access channel" means any channel on a cable system or video system set aside by a state
franchise holder for public, educational, or governmental use.
"Applicable law" means all lawfully enacted and applicable federal, state, and city laws,
ordinances, codes, rules, regulations and orders as the same may be amended or adopted
from time to time.
"Applicant" means any person submitting any application required under Division 2.5 of the
California Public Utilities Code.
"Cable service" means: (1) the one-way transmission to subscribers of video programming or
other programming services; and (2) subscriber interaction, if any, which is required for the
selection or use of such video programming or other programming service.
"City" means the City of Carlsbad, a municipal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated, enlarged or reincorporated. Any
act that may be taken by the city may be taken by the city council or any agency, department,
agent or other entity now or hereafter authorized by the city council to act on the city's behalf.
"City council" means the governing body of the City of Carlsbad, California.
"City director of public works" means the director of public works or the deputy city manager of
the public works branch of the City of Carlsbad or designated representative.
"City manager" means the city's chief executive officer or any designee thereof.
"Construction," "operation," or "repair" and similar formulations of those terms mean the named
actions interpreted broadly, encompassing, among other things, installation, extension,
maintenance, replacement of components, relocation, undergrounding, grading, site
October 8, 2019 Item #4 Page 14 of 17
EXHIBIT 2
preparation, adjusting, testing, make-ready, excavation and tree trimming. The term
"operation" does not encompass or regulate the provision of services, but refers to activities
affecting rights-of-way and other property subject to the jurisdiction of the city.
"DIVCA" means the Digital Infrastructure and Video Competition Act of 2006 , Division 2.5 of the
California Public Utilities Code, Section 5800 et seq., as may be amended from time to time.
"Gross revenues" means all revenues (whether in the form of cash or other consideration) of a
state franchise holder or its affiliates in any way derived from its operations within the city.
"Incumbent cable operator" shall have the same meaning as in DIVCA.
"Network" shall have the same meaning as in DIVCA.
"PEG" or "public, educational, and governmental" shall have the same meaning as in DIVCA.
"Person" means any natural person and all domestic and foreign corporations, associations,
syndicates, joint stock corporations, partnerships of every kind, clubs, business or common
law trusts and societies. The term does not include the city.
"Public rights-of-way" shall have the same meaning as in DIVCA.
"State franchise" or "state video franch ise" means a franchise issued by the California Public
Utilities Commission to provide cable service or video service, as those terms are defined in
DIVCA, within any portion of the city.
"State franchise holder" or "state video franchise holder" means a person who holds a state
franchise.
"Subscriber" means the city or any person who legally receives any cable service or video service
from a state franchise holder delivered over that state franchise holder's network. ·
"User" means a person or the city utilizing a channel, capacity · or equipment and facil ities for
purposes of producing or transmitting material, as contrasted with the receipt thereof in the
capacity of a subscriber.
"Video service" shall have the same meaning as in DIVCA.
10.08.060 City traffic engineer-Office established-Powers and duties generally.
The office of city traffic engineer is established. The city traffic engineer as used in this Code is
defined as the city employee that directs the traffic division of the transportation department of
the City of Carlsbad. The transportation directorcity traffic engineer shall serve as city traffic
engineer in addition to his or her other functions and shall exercise the powers and duties with
respect to traffic as provided in this chapter and elsewhere in this Code.
October 8, 2019 Item #4 Page 15 of 17
RESOLUTION NO. 2019-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DELEGATING AUTHORITY TO ADDITIONAL POSITIONS TO
REVIEW AND APPROVE PLANS AND SPECIFICATIONS FOR TRAFFIC CONTROL
DEVICES AND CONSTRUCTION PROJECTS.
WHEREAS, the Carlsbad Municipal Code (CMC) currently authorizes the Transportation
Director, acting as the City Traffic Engineer, and the City Council of the City of Carlsbad to review and
approve plans and specifications for traffic control devices and construction projects, respectively; and
WHEREAS, review and approval of such plans and specifications, by either the City Council or
City staff with delegated authority to do so, is necessary for the City to claim design immunity under
California Government Code section 803.6 for a resulting construction project; and
WHEREAS, the proposed CMC amendments under Ordinance No. 2019-196 will delegate
authority to the City Traffic Engineer and the Deputy City Manager of the Public Works Branch to review
and approve plans and specifications for traffic control devices and construction projects, respectively,
when the City Council does not otherwise do so; and
WHEREAS, proposed CMC section 3.28.0S0(F) allows the City Council to designate other City
staff that are professional civil engineers licensed by the State of California to act in the role of the City
Traffic Engineer in reviewing and approving plans and specifications for traffic control devices not
considered by the City Council; and
WHEREAS, proposed CMC section 3.28.0S0(G) allows the City Council to designate other City
staff that are professional civil engineers licensed by the State of California to act in the role of the
Deputy City Manager of the Public Works Branch in reviewing and approving plans and specifications
for construction projects not considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council delegates authority to the positions of Acting City Traffic Engineer
and Senior Engineer to review and approve plans and specifications for traffic control
devices, when the City Council does not do so, contingent on the individual in the
position being a professional civil engineer licensed by the State of California. This
delegation shall be effective upon the effective date of Ordinance No. 2019-196.
October 8, 2019 Item #4 Page 16 of 17
3. That the City Council delegates authority to the positions of Transportation Director and
Acting Transportation Director to review and approve plans and specifications for
construction projects, when the City Council does not do so, contingent on the individual
in the position being a professional civil engineer licensed by the State of California. This
delegation shall be effective upon the effective date of Ordinance No. 2019-196.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of October 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
NAYS: None.
ABSENT: None.
(SEAL)
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October 8, 2019 Item #4 Page 17 of 17
All Receive -Agenda Item # _i_
For the Information of the:
COUNCIL
Date CA _y_ CC v
CM_ _l'.'.'.'.__DCM(3)~
Oct. 8, 2019
Council Memorandum
To:
From:
Via:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Publi.7JJorks
{cityof
Carlsbad
Re:
Elaine Lukey, Chief Operations Officer J.,---
Additional Materials Related to Staff Report Item No. 4-Amendment to the
Carlsbad Municipal Code to Update Staff Roles for Reviewing and Approving
Plans and Specifications for Traffic Control Devices and Construction Projects
This memorandum provides an update to Agenda Item No. 4 for the City Council Meeting on Oct.
8, 2019.
On the first page under the Discussion heading, the second sentence should be amended as
follows:
Currently, under CMC section 3.28.080(E), the City Council adopts plans and
specifications for construction projects that are formally bid (project exceeds
$275,000 $200,000).
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Amanda Guy, Deputy City Attorney
Babaq Taj, Acting Transportation Director
Sheila Cobian, City Clerk Services Manager
Public Works Branch
Transportation Department
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2751 t
Amending Carlsbad Municipal Code to Update Staff
Roles for Reviewing and Approving Plans and
Specifications for Traffic Control Devices and
Construction Projects
Paz Gomez, Deputy City Manager, Public Works
John Kim, City Traffic Engineer
Amanda Guy, Deputy City Attorney
October 8, 2019
1
Overview
•Authorization for Approval of Plans and Specifications
•Design Immunity
•Proposed Amendments and Resolution
•Recommended Action
2
Current Carlsbad Municipal Code
•Authorization for Approval by the Transportation
Director
–Section 10.08.060: The office of city traffic engineer is
established. The transportation director shall serve as city
traffic engineer in addition to his or her other functions and
shall exercise the powers and duties with respect to traffic
as provided in this chapter.
3
Current Carlsbad Municipal Code
•Authorization for Approval by the City Council
–Section 3.28.080(E): The city council shall adopt plans and
specifications for all construction projects to be formally bid
when the value exceeds the limits established by the
UPCCAA*.
*Uniform Public Construction Cost Accounting Act (UPCCAA) requires agencies that have
adopted the procurement procedures required by the Act to undertake informal bidding
unless the public project exceeds $200,000.
4
Design Immunity Requirements
•Design immunity under Government Code section 803.6 is established if three elements are met:
1.A causal relationship between the plan or design and the accident;
2.Discretionary approval of the plan or design before construction; and
3.Substantial evidence supporting the reasonableness of the plan or design.
•“Discretionary approval” occurs if either the City Council, or staff with delegated authority to do so, reviews and approves construction plans and specifications before project construction.
5
Proposed Amendments to CMC
–The proposed amendments will remove the Transportation Director from the dual role under the current CMC and delegate authority to the City Traffic Engineer and the Deputy City Manager of the Public Works Branch.
–Staff is proposing the revisions to CMC Sections 3.28.030 and 3.28.080, Section 5.29.040 and Section 10.08.060.
6
Proposed Resolution
•The Acting City Traffic Engineer and Senior Engineer are authorized to review and approve plans and specifications for traffic control devices, when the City Council does not do so, contingent on the individual being a professional civil engineer licensed by the State of California.
•The Transportation Director and Acting Transportation Director are authorized to review and approve plans and specifications for construction projects, when the City Council does not do so, contingent on the individual being a professional civil engineer licensed by the State of California.
7
Recommended Action
•Approve introduction of an Ordinance amending CMC Chapter
3.28, 5.29 and 10.08 to update staff roles reviewing and approving plans and specifications for traffic control devices and construction projects.
•Adopt Resolution delegating authority to additional staff positions to review and approve plans and specifications for traffic control devices and construction projects not approved by City Council.
8
Thank you
9
Proposed Amendments to CMC
1.Section 3.28.030 –adds definitions for “City director of public works” and “City traffic engineer” for purposes of Chapter 3.28.
2.Section 3.28.080(F) -authorizes the City Traffic Engineer, or another professional civil engineer licensed by the State of California designated by City Council resolution, to review and approve plans and specifications for all traffic control devices in construction projects not approved by the City Council.
10
Proposed Amendments to CMC
3.Section 3.28.080(G) -authorizes the Deputy City Manager of the Public Works Branch, or another professional civil engineer licensed by the State of California designated by City Council resolution, to review and approve plans and specifications for all construction projects not approved by the City Council or the City Traffic Engineer under section 3.28.080(F).
4.Section 5.29.040 –for consistency with the city’s current organizational structure, clarifies that the “City director of public works” also means the Deputy City Manager of the Public Works Branch.
11
Proposed Amendments to CMC
5.Section 10.08.060 -removes the Transportation Director from
acting in the role of the City Traffic Engineer, so that the
powers and duties specified in this section will be exercised by
the individual occupying the City Traffic Engineer staff position.
12