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HomeMy WebLinkAboutResolution 2012-07 - designating the City Engineer as authorCouncil/Agency Meeting Held: ��L4z4— Deferred/Continued to: Ap roved Co di o I Ap r ved ❑Denied Cit lerk' Sign re Council Meeting Date: February 21, 2012 Department D Number: PW 12-012 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Adopt Resolution No. 2012-07 approving and designating the City Engineer as authorized officer of the City to approve Plans and Specifications on behalf of the City to obtain design immunity pursuant to Government Code Section 830.6 (1) Statement of Issue: Government Code Section 830.6(1) provides protections to public agencies regarding injuries caused by the design plans for an improvement so long as the plans are approved by the agency's authorized body (City Council by default). Since field conditions and the construction process sometimes result in design changes after the formal approval of the plans and specification, staff recommends that the City authorize the City Engineer to be the official responsible for approval of plans and specification to provide stronger design immunity. Financial Impact: No financial impact associated with this action. Recommended Action: Motion to: Adopt Resolution No. 2012-07, "A Resolution of the City Beach to Approve and Designate the City Engineer Discretionary Authority to Approve Plans or Designs of, o Pursuant to Government Code Section 830.6." Alternative Action(s): Deny the recommended action. Council of the City of Huntington as the Employee to Exercise r Improvement to, Public Property HB -69- Item 9. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/21/2012 DEPARTMENT ID NUMBER: PW 12-012 Analysis: Government Code Section 830.6 (1) regarding Design Immunity states that: "Neither a public entity nor a public employee is liable for an injury.caused by the plan.or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved." The current procedure, by default, designates the City Council as the authorized body for approving the plans prior to construction. The City Engineer, as a Licensed Engineer in the State of California, is already required by State law to approve and sign the plans prior to construction to attest to the engineering content. This proposed resolution will ensure that the City has design immunity coverage on all projects. In addition, the City Engineer will be able to approve and incorporate any necessary changes that are identified during and after the bidding process into the final plans and specifications. Any significant changes to the design concept will still require City Council approval. The current process of obtaining City Council approval of design concepts and award of construction contracts will remain unchanged. Environmental Status: Not applicable. Public Works Commission Action: Not required. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1 Resolution No. 2012-07, "A Resolution of the City Council of the City of Huntington Beach to Approve and Designate the City Engineer as the Employee to Exercise Discretionary Authority to Approve Plans or Designs of, or Improvement to, Public Property Pursuant to Government Code Section 830.6." Item 9. - 2 HB -70- ATTACHMENT #1 RESOLUTION NO. 2012-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO APPROVE AND DESIGNATE THE CITY ENGINEER AS THE EMPLOYEE TO EXERCISE DISCRETIONARY AUTHORITY TO APPROVE PLANS OR DESIGNS OF, OR IMPROVMEMENT TO, PUBLIC PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 830.6 WHEREAS, Government Code Section 830.6 provides the City of Huntington Beach with design immunity for plans or designs of, or improvements to, public property where the plan or design has been approved in advance of construction by the legislative body or an employee exercising discretionary authority to approve such plans or designs; and The City Council, in an effort to streamline the review and approval process, desires to designate an authorized employee, with the requisite knowledge, training and experience, to exercise discretionary authority to approve all plans or designs of, or improvements to, public property; and The City employee with the requisite knowledge, training and experience to exercise discretionary authority to approve all plans or designs of, or improvements to; public property is the City Engineer. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: The City Engineer is hereby designated and approved as the City employee to exercise discretionary authority to approve all plans or designs of, or improvements to, public property pursuant to Government Code Section 830.6, as it may be amended from time to time; and The City Council of the City of Huntington Beach hereby acknowledges that this Resolution is also intended as a ratification of plans or designs of, or improvements to, public property by City Engineering staff previously made for projects within the City; and This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of February , 2 12. REV IE ND APPROVED: City ger Mayor APPROVED AS TO FORM rY.y�c C Atto ey 0)--0 < < INITIATED AND O ED: irector of Public Wo s 12-3176n5054 Res. No. 2012-07 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on February 21, 2012 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: Dwyer ABSTAIN: None Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California