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HomeMy WebLinkAbout2020-02 - Public ProjectsORDINANCE NO.2020-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 3 (PUBLIC PROJECTS) OF CHAPTER V (FINANCE) OF TITLE 2 (ADMINISTRATION) AND AMENDING ARTICLE 3 (FINAL MAPS) OF CHAPTER XI (SUBDIVISIONS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE WHEREAS, currently, upon completion of all public projects, the City Council accepts the work and authorizes the filing of the Notice of Completion and release of bonds and retention funds; and WHEREAS, pursuant to Section 2-177(b) of Article 3 of Chapter V of Title 2 of the Costa Mesa Municipal Code ("CMMC'), the City Manager awards contracts for public contracts of the amount set forth in Section 22032(b) of the Public Contract Code, which contracts are awarded following informal bidding procedures in accordance with the CMMC and the Public Contract Code; and WHEREAS, authorizing the City Manager to accept the work on public projects that are awarded by the City Manager once contractual requirements are met and without the need for further City Council action would improve efficiency and save staff time; and WHEREAS, the City Council desires to amend Section 2-177(b) of Article 3 of Chapter V of Title 2 of the CMMC to grant authorization to the City Manager to accept the work on public projects awarded by the City Manager pursuant to Section 2-177(b) of the CMMC; and WHEREAS, Section 2-179 of Article 3 of Chapter V of Title 2 of the CMMC does not currently provide express authorization for the City Manager to adopt plans, specifications, and working details for any public projects; and WHEREAS, the City Council desires to amend Section 2-179 of Article 3 of Chapter V of Title 2 of the CMMC to expressly authorize the City Manager and his/her authorized designees to adopt the plans, specifications, and working detail for all public projects that are less than the amount specified in Section 22032(c) of the Public Contract Code; and WHEREAS, Section 13-320(h) of Article 3 of Chapter XI of Title 13 of the CMMC provides that subdividers must provide payment and performance bonds in connection with improvements required as a condition precedent to acceptance and approval of final maps; and WHEREAS, Government Code section 66499.70) authorizes the City Council to authorize any of its public officers or employees to authorize the release or reduction of the security required in connection with such improvements; and WHEREAS, the City Council desires to authorize City Manager to authorize the release of the bonds required by Section 13-320(h) of Article 3 of Chapter XI of Title 13 of the CMMC; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance No. 2020-02 Page 1 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments to Article 3 of Chapter V of Title 2. Sections 2-177 (Bidding procedures) and 2-179 (Adoption of plans, specifications, and working details) of Article 3 (Public Projects) of Chapter V (Finance) of Title 2 (Administration) of the Costa Mesa Municipal Code are hereby amended as follows: a. Section 2-177(a)(3) shall be amended to add a new subsection (8) to read as follows: (3) Projects subject to formal bidding procedures shall require bidder's security. Bidders security shall be in an amount equal to at least ten (10) percent of the amount bid and shall be in cash, cashier's check made payable to the city, a certified check made payable to the city or a bidder's bond executed by an admitted surety insurer which meets the rating requirements established by the city manager or his designee, made payable to the city. b. Section 2-177(b) shall be amended to add a new subsection (8) to read as follows: (8) The city manager may accept the work and may authorize the filing of the notice of completion, the release of funds retained upon such filing, and the release of any bonds upon the conclusion of their respective warranty periods. C. Section 2-179 shall be amended to read as follows: (a) The city council shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in Public Contract Code section 22032(c). (b) The city manager and his/her designees are authorized to and may adopt the plans, specifications, and working details for all public projects that are less than the amount specified in Public Contract Code section 22032(c). Section 2. Amendment to Article 3 of Chapter XI of Title 13. Section 13-230 (Dedications and improvements) of Article 3 (Final Maps) of Chapter XI (Subdivisions) of Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code is hereby amended to add a subsection (i) to read as follows: (i) Release of bonds. The city manager and his/her designees are authorized to release the bonds in whole or in part accordance with the provisions of sections 66499.7 and 66499.8 of the California Government Code. Section 3. Environmental Compliance. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Ordinance No. 2020-02 Page 2 of 4 Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. PASSED AND ADOPTED this 4th day of February, 2020. ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney Ordinance No. 2020-02 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 2020-02 was duly adopted at the regular meeting of the City Council of the City of Costa Mesa held on the 41h day of February, 2020, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: CHAVEZ, GENTS, MANSOOR MARR, REYNOLDS, STEPHENS, FOLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 51h day of February, 2020. Brenda Green, City Clerk Ordinance No. 2020-02 Page 4 of 4