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File #: 25-047    Version: 1 Name:
Type: Miscellaneous Status: Passed
File created: 12/20/2024 Departments: PUBLIC WORKS
On agenda: 1/28/2025 Final action: 1/28/2025
Title: Introduction of an ordinance: A) Adding Section 2.10.100 "Approval of Plans and Design" to Chapter 2.10 of Title 2 of the San Mateo County Ordinance Code; and B) Amending Section 2.50.010 "Duties of Director of Public Works" of Chapter 2.50 of Title 2 of the San Mateo County Ordinance Code; and C) Waiving the reading of the ordinance in its entirety.
Attachments: 1. 20250128_io_Design Approval

Special Notice / Hearing:                         None__

      Vote Required:                         Majority

 

To:                      Honorable Board of Supervisors

From:                      Ann M. Stillman, Director of Public Works

Subject:                      Introduction of an ordinance adding Section 2.10.100 (Approval of Plans and Design) and amending Section 2.50.010 (Duties of Director of Public Works) to Chapters 2.10 and 2.50 of Title 2 to the San Mateo County Ordinance Code

 

RECOMMENDATION:

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Introduction of an ordinance:

 

A)                     Adding Section 2.10.100 “Approval of Plans and Design” to Chapter 2.10 of Title 2 of the San Mateo County Ordinance Code; and

 

B)                     Amending Section 2.50.010 “Duties of Director of Public Works” of Chapter 2.50 of Title 2 of the San Mateo County Ordinance Code; and

 

C)                     Waiving the reading of the ordinance in its entirety.

 

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BACKGROUND:

California Government Code Section 830.6 provides public agencies with a design immunity defense for any public works projects designed and constructed by the public agency, provided that the design was approved in advance of the construction by the agency’s legislative body or by an employee authorized by the legislative body to give such design approval.

 

DISCUSSION:

When projects are authorized to be advertised or bids are awarded by this Board, language is typically included in the Board action to approve plans and specifications. There are situations where the Board does not approve plans and specifications, such as small projects or there are change orders during construction. In these situations, it is beneficial for the County to have the ability to respond quickly without having to bring the matter before the Board at a noticed public hearing.

 

The proposed additions to the San Mateo County Ordinance Code are consistent with California Government Code Section 830.6 and would authorize the County Executive Officer, or designee, and the Director of Public Works, design approval authority. Staff recommends adoption of the proposed ordinance modifications to ensure the County retains the design immunity protection afforded by state law. The proposed ordinance modifications will codify the delegation to the County Executive Officer, or designee, and the Director of Public Works in the County’s Ordinance Code.

 

It is important to note that proposed ordinance modifications do not in any way impact or change the Board’s discretionary authority to approve projects and appropriate project funding pursuant to other applicable County policies and procedures. The proposed ordinance modifications do not circumvent other established project design review and approval processes.

 

County Attorney has reviewed and approved the Ordinance as to form.

 

EQUITY IMPACT:

The proposed Ordinance delegates approval authority for smaller projects as described.  This will allow the County to complete certain work within shorter timeframes, which is responsive and beneficial to the needs of the public.

 

FISCAL IMPACT:

Approval of the Ordinance will reduce project delivery schedules and administrative staff time for small projects and provide design immunity defense.

 

There is no impact to the General Fund.