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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: tuidu /~, Hc/<i aiu~ CELIA A. BREWER, City Attorney '1AIIU ~L,Mayor r -~ , Hector 6wnn I Dtpv-j 1c/ BARBARA ENGLESON~ City Clerk C;!_j (SEAL) ,,,11111111111111,,, ,$',,,,,,~ CA/:1_}11❖0 ~ 0 .~.ft~ ~ ~ .. •· ·· .. u: ~ .:::;~.• --~~ """.. ··--::;. !of~\~i \ \~,~/ J ~ ·• ... -~~ ........ •·· s 1-::"··' ,•h.~ ~ '";q1.· .......... •·~,,,,_ ~ '0,,,,,, /FQf( ,,,,,,~ 11//11/1/11\\1111\I c,)e,~ October 15, 2019 Item #8 Page 8 of 8