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HomeMy WebLinkAbout05/02/1995, C-9B - DELEGATION OF AUTHORITY FOR APPROVAL OF ENGINEERING STANDARDS. III'ullNll�lllll�plAl�l`I "J T MEETING GATE: In��l cio san �..us oBispo May 2 1995 COUNCIL AGENDA REPORT ITEM NUMBERC9B FROM: Michael D. McCluskey, Public Works Director PREPARED BY: Morris D. Witbeck, Engineering Assistant 7 !? SUBJECT: Delegation of Authority for Approval of Engineering Standards. RECOMMENDATION: Adopt resolution delegating authority to the City Engineer for approval of "minor" changes and revisions to the City Engineering Standards. DISCUSSION: The City's Engineering Standards are standard drawings that depict design and construction features for use in City projects and private development. Staff reviews the Engineering Standards that are used during plan preparation, and during reviews of construction projects. Occasionally it is found that changes or revisions to the standards are warranted for various reasons. It is important that the City Council approve all standards used in these projects, either(1) directly, or (2) indirectly through delegation of authority. The act of Council approval allows the City protection, under the law, from future claims of damage that may be attributed to the use of these standards. The legal term for. this protection is 'Design and Plan Immunity." The traditional method of updating the Engineering Standards was to republish the Standards, with changes and revisions, and present the Standards to the Council for approval. This process does not allow timely implementation of what sometimes are minor but important changes. A minor but important change may be the callout for a fitting that is no longer available because a manufacturer has upgraded some detail or description. Another example of a change that must be made and should be automatic is one that is mandated by State or Federal legislation and must be implemented by a certain date. Staff proposes to streamline the process by asking the City Council to adopt the attached resolution delegating the authority to the City Engineer for approving changes and revisions to the Engineering Standards, but only to a limited extent as outlined below. This proposal would retain the necessity for Council approval for those changes and revisions that have a significant potential for affecting: 1. Safety 2. Liability 3. Sensitive issues such as bicycles, creeks, visual impacts, etc. Additionally, all completely new standards would be presented to the Council for approval. This proposal would allow the City Engineer to approve only those changes and revisions that have a minor potential for affecting the above-mentioned issues. The following are the kinds of changes and revisions that would be typical of those with "minor" potential: �un� � ��p��u►� �I city 0� SM tuts 051sp0 di;% COUNCIL AGENDA REPORT 1. Corrections: (a) Typographical errors, omissions, etc. (b) Maintaining consistency with other standards and policies. (c) Eliminating unneeded repetition. 2. Improvements in: (a) Design, end product. (b) Economy, cost savings. (c) Efficiency (functions better or easier to construct). 3. Mandated changes by: (a) State or Federal laws. (b) Implementation of previous Council decisions and policy. 4. Changes in materials: (a) Adding acceptable alternatives. (b) Eliminating inferior materials. (c) Upgrading to newer, advanced materials. 5. Expanding definitions for clarification. This proposal would necessitate documentation of the chain of approval for each change or revision approved by the City Engineer. The Engineering Division has been documenting changes like this for the last four years. Additionally, should any question arise pertaining to a change or revision to a City Engineering Standard that was approved by the City Engineer, Chapter 1.20.020 of the Municipal Code provides an appeal process whereby any person may challenge staff decisions. The Council makes the final decision in that process. Finally, staff would propose a yearly report be prepared for the Council summarizing any and all such"minor"additions,deletions or corrections to the Engineering Standards. As mentioned earlier, Council will periodically update the Standards to incorporate more significant changes. CONCURRENCE: Staff has consulted with, and has the concurrence of, the City Attorney's office with this proposal, as it is presented herein. FISCAL IMPACT: No dollar cost, but this proposal will result in efficiency for Staff and the ability for staff to respond quickly to changes in the construction industry,which should result in better bids and better projects. Attachment: Resolution "mw,ftwegam" by L'-9,8 RESOLUTION NO. (1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DELEGATING THE AUTHORITY FOR APPROVING MINOR CHANGES AND REVISIONS TO THE CITY ENGINEERING STANDARDS TO THE CITY ENGINEER WHEREAS, the Engineering Division of the Public Works Department is responsible for periodically updating the Engineering Standards, and WHEREAS, the Engineering Standards are necessary to ensure that Public Works facilities are designed and constructed to minimum acceptable standards to protect the health, safety and welfare of the public, and WHEREAS, legally adopted Engineering Standards are necessary to provide "design and plan immunity", thereby protecting the City from possible liability, and WHEREAS, it has been a function of the City Council to periodically approve changes and revisions to the Engineering Standards, and WHEREAS, it is desirable to implement these changes and revisions in a timely manner, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby: 1. Authorizes the City Engineer to approve minor changes and revisions to the City Engineering Standards, said "minor" changes and revisions having a minor potential for affecting: a. Safety b. Liability C. Sensitive issues such as bicycles, creeks, visual impacts, etc. L'�IB-3 and, said "minor" changes and revisions typically involving the following: 1) Corrections: a. Typographical errors, omissions, etc. b. Maintaining consistency with other standards and policies. C. Eliminating unneeded repetition. 2) Improvements in: a. Design, end product. b. Economy, cost savings. C. Efficiency (functions better or easier to construct) . 3) Mandated changes by: a. State or Federal laws. b. Implementation of previous Council decisions and policy. 4) Changes in materials: a. Adding acceptable alternatives. b. Eliminating inferior materials. C. Upgrading to newer, advanced materials. 5) Expanding definitions for clarification. 2. Retains the sole authority to approve changes and revisions that have a "significant" potential for affecting: 1) Safety 2) Liability 3) Sensitive issues as well as all completely new standards. 3. Authorizes the Public Works Department to prepare and maintain a supply for distribution of all changes and revisions to the Engineering Standards so approved by the City Engineer. On motion of , seconded by , and on the following roll call vote: AYES: NOES: the following Resolution was passed and adopted this day of 1995. Mayor ATTEST: City Clerk APPROVED AS TO FORM: IT A mdwl/stds-res /1-9I�yr