CC Ordinance No. 18-2173 Amending Section 2.48 of Title II Pertaining to the Approval of Plans and Designs for Public Improvements and Updating the Organizational Structure of the Department of Public WorksORDINANCE NO. 18-2173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 2.48. OF TITLE II OF THE CUPERTINO MUNICIPAL
CODE PERTAINING TO THE APPROVAL OF PLANS AND DESIGNS FOR
PUBLIC IMPROVEMENTS AND UPDATING THE ORGANIZATIONAL
STRUCTURE OF THE DEPARTMENT OF PUBLIC WORKS
WHEREAS, California Government Code Section 830.6 ("Section 830 .6") provides that
neither a public entity nor a public employee is liable for an injury caused by the plan or
design of construction or an improvement to public property, including subdivision
improvement projects ( collectively, "Public Improvements"), under certain conditions;
and
WHEREAS, such conditions are that such plan or design must be approved in advance
of the construction or improvement of public property by the legislative body of the
public entity, or by some other body or employee exercising d iscretionary authority to
give such approval; and
WHEREAS, in order to preserve the City's design immunity protection under Section
830.6, the City Council desires to affirm, confer upon, and delegate the authority to
approve plans and designs for the City's Public Improvements to the Director of Public
Works and the City Engineer, who shall exercise their discretionary authority consistent
with the requirements of Section 830.6; and
WHEREAS, such delegation of design approval authority does not change the City
Council's discretion and authority to approve City projects and appropriate funding
pursuant to other applicable laws, codes, or policies, or to circumvent other established
project design review and approval processes ( e.g . design review and approval for
conformance with discretionary permit requirements); and
WHEREAS, the City of Cupertino's departmental organization is established in Chapter
2.48 of the Cupertino Municipal Code for the intended purpose of providing an efficient
organizational structure that designates departments and divisions and describes their
functions and authorities; and
WHEREAS, the organizational structure of the Department of Public Works is codified
in Chapter 2.48.020.C. and the City Council desires to amend this provision to reflect the
changes and organizational growth of the Department of Public Works;
Ordinance No . 18-2173
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NOW THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION ONE -ADDITION OF NEW SECTION.
Section 2.48.040 is hereby added to Title II of the Cupertino Municipal Code:
2.48.040. Authority of Director of Public Works and City Engineer to Approve Plans
and Designs.
A. The Director of Public Works if a licensed professional engineer designated by
the State of California, and the City Engineer as a licensed professional engineer
designated by the State of California, are delegated the authority to exercise
discretionary approval ("Design Approval") of plans, designs and any design
amendments or addenda for any public improvement or subdivision
improvement project of the City of Cupertino ("Public Improvements"). The
Director of Public Works or the City Engineer shall sign the plans and designs to
attest their approval.
B. Design Approval of Public Improvements shall be exercised broadly, in
accordance with state law, and shall include the authority to approve
modifications to plans or designs previously accepted by the City; approval of
City standard details and specifications for design and construction of Public
Improvements; acceptance of Public Improvements on behalf of the City; and
issuance of notices of completion, cessation notices, and any other instruments
and documents related to the exercise of Design Approval of Public
Improvements.
SECTION TWO -AMENDMENTS AND UPDATES.
2.48.020.C. Department of Public Works.
1. This department shall have the following divisions:
a. Administrative Division. This division shall be responsible for providing
general administration for the Department of Public Works, including
general oversight and management of the municipal water system lease.
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b. Development Services Division. This division shall be responsible for all
coordination of reviews for private development applications as well as
permitting for encroachments into the public right of way.
c. Streets Division. This division shall be responsible for the maintenance of all
streets, storm drains, street lights, sidewalks, curbs, gutters, easements and
medians.
d. Facilities and Fleet Division. This division shall be responsible for all
buildings, and the maintenance of the city's vehicle and equipment fleet.
e. Grounds Division. This division shall be responsible for the maintenance of
all park sites, leased school sites and grounds around other City owned
properties.
f. Trees and Right of Way Division. This division shall be responsible for
public trees, street medians, and other landscaped areas within the public
right of way.
g. Transportation Division. This division shall be responsible for the planning
and design of transportation facilities, oversight of the Safe Routes to Schools
Program, and the operation and maintenance of the city's traffic signals.
h. Environmental Programs Division. This division shall be responsible for the
garbage and recycling franchised hauler contract and provides garbage and
recycling customer service for residents and business owners, as well as
overseeing compliance with the state stormwater permit.
1. Capital Improvement Program (CIP) Division. This division shall be
responsible for the design and construction administration for all capital
improvement projects including streets, storm drainage, buildings, parks, and
other public facilities.
SECTION THREE -CEQA EXEMPTION.
The City Council finds, based on its own independent judgment, that the proposed
amendments to the Cupertino Municipal Code are exempt from requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15061(b)(3) in that the proposed amendments are not a project which has the potential for
causing a significant effect on the environment. A notice of Exemption will be filed with the
County Clerk.
SECTION FOUR -INCONSISTENCIES REPEALED.
This Ordinance is intended to be controlling on the authority to approve plans and
designs of public improvements, and shall supersede all prior ordinances, resolutions,
rules, or regulations that are in conflict herewith. Any provisions of the Cupertino
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Municipal Code, or appendices thereto, or any other ordinance of the City inconsistent
herewith, are repealed only to the extent of such inconsistencies and no further.
SECTION FIVE-IMPLEMENTATION.
The City Council hereby authorizes and directs the City Manager to take any action and
sign any documents necessary to implement this Ordinance.
SECTION SIX -SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held by a court of competent jurisdiction to be invalid, such a decision shall not affect the
validity of the remaining portions of this Ordinance. The Council of the City of Cupertino
hereby declares that they would have passed this Ordinance and each section or
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION SEVEN -EFFECTIVE DATE; PUBLICATION.
The City Clerk is directed to post and publish this Ordinance in accordance with law in
a newspaper of general circulation printed and published in the County of Santa Clara,
or as otherwise required by law. This ordinance shall take effect thirty (30) days after
adoption.
The foregoing ordinance was introduced before the Cupertino City Council at the regular
meeting of the City Council, held on the 3rct day of April, 2018, and finally adopted at a
regular meeting of the City Council held on the 171h day of April, 2018, by the following
vote:
Vote Members of the City Council
AYES: Paul, Sinks, Chang, Scharf, Vaidhyanathan
NOES: None
ABSENT: None
ABSTAIN: None
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City Clerk
APPROVED:
/7~
0 Mayor
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and conect copy of Ordinance No. 18-2173 which was enacted
on April 17, 2018, and that it has been published or posted pursuant to law
(G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 2Yd day of April, 2018.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California