Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Ann M. Stillman, Director of Public Works
Subject: Adopt ordinance adding Section 2.10.100 and amending Section 2.50.010 to Chapters 2.10 and 2.50 of Title 2 to the San Mateo County Ordinance Code
RECOMMENDATION:
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Adopt an ordinance previously introduced on January 28, 2025:
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 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 ordinance modifications to ensure the County retains the design immunity protection afforded by state law. The...
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