HomeMy WebLinkAbout1025 - Ordinance ORDINANCE NO. 1025
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING CHAPTER 3.08 (PURCHASING
SYSTEM) OF THE RANCHO CUCAMONGA MUNICIPAL CODE
REGARDING DESIGN APPROVAL AUTHORITY FOR PUBLIC
IMPROVEMENT PROJECTS,AND MAKING A DETERMINATION
THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
I. Recitals.
A. Government Code 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 a construction of, or an
improvement to, public property where such plan or design has been approved in advance of the
construction or improvement by the legislative body of a public entity or by some other body or
employee exercising discretionary authority to give such approval or where such plan or design
is prepared in conformity with standards previously so approved.
B. In furtherance of the public interest and convenience and the retention of the
design immunity protection under Government Code Section 830.6, the City Council of the City
of Rancho Cucamonga desires to delegate by ordinance to the City Manager, Public Works
Director, City Engineer, or their designees the authority to approve plans and designs for City
public improvement projects.
C. Such delegation of design approval authority does not change the City Council's
discretion and authority to approve projects and appropriate project funding pursuant to other
applicable City policies, procedures, and codes, or circumvent other established project design
review and approval processes.
II. Findings.
A. The City Council hereby finds that this ordinance is not subject to the provisions of
the California Environmental Quality Act("CEQA") because the activity is not a project as defined
by Section 15378 of the CEQA Guidelines. The ordinance has no potential for resulting in physical
change to the environment either directly or indirectly.
III. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. The above recitals and findings are all true and correct and incorporated
into this Ordinance by reference.
SECTION 2. Section 3.08.110 (Bidding for Public Projects) of Chapter 3.08 (Purchasing
System) of Title 3 (Revenue and Finance), is hereby amended to add a new subsection G
"Delegation of Design Approval Authority"to read as set forth below:
3.08.110 Bidding for Public Projects
Ordinance No. 1025— Page 1 of 3
G. Delegation of Design Approval Authority. The City Manager, Public
Works Director, City Engineer, or their designees are authorized to approve plans or designs for
public projects for purposes of design immunity pursuant to Government Code Section 830.6.
Nothing in this section is intended to, nor will it, preclude the City Council from separately or
additionally approving plans or designs for purposes of design immunity pursuant to Government
Code Section 830.6.
SECTION 3. Severability. The City Council declares that, should any section,
subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be
held 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
hereby declares that it would have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall cause it to be published in the manner required by law.
Ordinance No. 1025— Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 3r1 day of April, 2024.
L. Dennis M chael, yor
ATTEST:
JaWe C. Reynolds, Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of
the City Council of the City of Rancho Cucamonga held on the 201h day of March 2024, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
3" day of April 2024.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 411 day of April 2024, at Rancho Cucamonga, California.
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ice C. Reynolds, Clerk
Ordinance No. 1025 — Page 3 of 3