HomeMy WebLinkAbout2019-10-15; City Council; ; Adoption of Ordinance No. CS-361, amending Carlsbad Municipal Code Chapter 3.28, and Sections 5.29.040 and 10.08.060 updating staff roles for the review and approval of p~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Oct. 15, 2019
Mayor and City Council
Scott Chadwick, City Manager
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
CA Review lt-L /Jr
Subject: Adoption of Ordinance No. CS-361, amending Carlsbad Municipal Code
Chapter 3.28, and Sections 5.29.040 and 10.08.060 updating staff roles
for the review and approval of plans and specifications for traffic control
devised and construction projects.
Recommended Action
Adopt Ordinance No. CS-361 approving amendments to Carlsbad Municipal Code Chapter 3.28,
Sections 5.29.040 and 10.08.060 to update staff roles for reviewing and approving plans and
specifications for traffic control devices and construction projects.
Executive Summary /Discussion
Ordinance No. CS-361 was introduced and first read at the City Council meeting held on Oct. 8,
2019. On a motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, the
City Council voted 5/0 to introduce the Ordinance. The second reading allows the City Council
to adopt the ordinance which will become effective thirty days after adoption.
Fiscal Analysis
These changes to the Carlsbad Municipal Code have no fiscal impact.
Next Steps
The City Clerk will have the ordinance or a summary of the ordinances published in a
newspaper of general circulation within fifteen days following adoption of the ordinance.
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 environ.mental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Ordinance No. CS-361.
October 15, 2019 Item #8 Page 1 of 8
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 15, 2019 Item #8 Page 2 of 8
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 15, 2019 Item #8 Page 3 of 8
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.)
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 Green book 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 15, 2019 Item #8 Page 4 of 8
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 15, 2019 Item #8 Page 5 of 8
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 15, 2019 Item #8 Page 6 of 8
"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 15, 2019 Item #8 Page 7 of 8
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 15th day of October 2019; by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
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CELIA A. BREWER, City Attorney '1AIIU
~L,Mayor
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1c/ BARBARA ENGLESON~ City Clerk C;!_j
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October 15, 2019 Item #8 Page 8 of 8