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CC - CONSENT ITEM: Introduction of an Ordinance Amending Culver City Municipal Code Sections Sections Chapters 3.02.030 and 3.07.090 to: (1) Expressly Authorize the City Engineer and City Traffic Engineer to Approve Plans and Specifications for Purposes of California Government Code Section 830.6; and (2) Remove the Requirement for City Council Approval of Plans and Specifications for Public Works Projects Prior to Biddingand (2) . Streamline Administrative Procedures Associated with Vendors Retained by the City Through On-Call Agreements and the Delivery of Public Works Construction Projects.

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Meeting Date:                      October 26, 2026

Contact/Dept.:                     Thomas Check/Public Works Department

Phone Number:                       (310) 253-5627

Fiscal Impact:                       Yes [  ]    No [X]                     General Fund:                       Yes [  ]     No [X]

Attachments:                        Yes [X]    No [  ]   

Public Notification:                        E-Mail: Meetings and Agendas - City Council (0710/08XX/2026)  

Department Approval:                     Nick Zornes, Acting Public Works Director (0610/087/2026)

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RECOMMENDATION

Staff recommends the City Council introduce an ordinance amending Culver City Municipal Code (CCMC) Sections Sections Chapters 3.02.030 and 3.07.090 to:  (1) Aauthorize the City Engineer and City Traffic Engineer to approve plans and specifications for purposes of California Government Code Section 830.6; and (2) remove the requirement for City Council approval of plans and specifications for Public Works Projects. (1) expressly authorize the City Engineer and City Traffic Engineer to approve plans and specifications for purposes of California Government Code Section 830.6; and (2) streamline administrative procedures associated with vendors retained by the City through on-call agreements and the delivery of Public Works construction projects.

BACKGROUND

The City delivers capital improvement and other projects through a combination of City staff, on-call professional services consultants, and competitively procured construction contractors. As staff has worked to advance the City Council’s adopted capital improvement and other priority projects, certain requirements of the Municipal Code have been identified as adding significant administrative time to the project delivery process.

Currently, the City Council approves plans and specifications for capital improvement projects prior to initiation of the bidding process where (1) the estimated expenditure for the project exceeds the City Manager’s Purchasing authority but does not exceed $150,000 and is not included in the current fiscal year budget; or (2) the estimated expenditure for the project exceeds $150,000. This process adds a significant amount of time to the pre-bidding timeline, and results in delays to the bidding and procurement process.

The City delivers capital improvement and other projects through a combination of City staff, on-call professional services consultants, and competitively procured construction contractors. As staff has worked to advance the City Council’s adopted capital improvement and other priority projects, certain requirements of the Municipal Code have been identified as adding significant administrative time to the project delivery process.

The proposed ordinance amends CCMC Section Chapter 3.02.030 to clarify the authority of the City Engineer and City Traffic Engineer to approve plans and specifications for purposes of the design immunity provisions of California Government Code Section 830.6. The ordinance also amends Section 3.07.090 toStaff recommends amending these provisions to allow projects to advance more efficiently through design, procurement, and construction. The remove the requirement for the City Council to approve plans and specifications prior to bidding. The proposed amendments are intended to clarify and modernize the role of the City Engineer, which will also shorten project delivery timelines while preserving the City Council’s authority over project priorities and funding.

The proposed ordinance also includes a separate amendment to CCMC Section 3.02 to clarify the authority of the City Engineer and City Traffic Engineer to approve plans and specifications for purposes of the design immunity provisions of California Government Code Section 830.6. Eeach proposed amendment is discussed in greater detail below.

DISCUSSION

Amendment to Expressly Authorize the City Engineer and City Traffic Engineer to Approve Plans and Specifications for the Purposes of Design Immunity

California Government Code Section 830.6 provides certain protections to public entities and public employees from liability for injuries caused by the plan or design related to construction of, or improvements, to public property when the plan or design has been approved in advance by the legislative body or by an employee exercising discretionary authority to give such approval. These protections are commonly referred to as “design immunity.”

Staff recommends amending CCMC Section SectionChapter 3.02.030 to expressly authorize the City Engineer and City Traffic Engineer to approve plans and specifications for purposes of Government Code Section 830.6. The amendment would establish clear discretionary authority for these positions to approve engineering plans and specifications on behalf of the City for purposes of design immunity.

In addition, Staff recommends removal of the original language of this section, which effectively assigned all duties and responsibilities of the Public Works Director to the City Engineer as well. This language was adopted at a time when the Director of Public Works also served as the City Engineer. However, those roles have since been split, and many of the duties which the Code assigns to the Public Works Director are no longer appropriate for the City Engineer.

These changes are in line with the role of City Engineer in most other jurisdictions.

Council Approval of Plans and Specifications for Public Works Construction Projects

CCMC Section 3.07.090 currently requires the City Council to approve plans and specifications for Public Works construction projects where (1) the estimated expenditure for the project exceeds the City Manager’s Purchasing authority but does not exceed $150,000 and is not included in the current fiscal year budget; or (2) the estimated expenditure for the project exceeds $150,000,estimated to exceed the Purchasing Authority before the City may publish a Notice Inviting Bids. After the competitive bidding process is complete, staff must return to the City Council for separate approval to award the construction contract.

Staff recommends removing the requirement for separate City Council approval of plans and specifications prior to advertising a project for bids. Plans and specifications would instead be approved administratively by the appropriate authorized City officialCity Engineer and/or City Traffic Engineer, as recommended above, allowing staff to proceed directly to competitive bidding once a project is ready for construction.

The proposed amendment would not delegate authority to staff to award construction contracts exceeding the Purchasing Authority. Following completion of the bidding process, staff would continue to return to the City Council for approval of the construction contract, as required under the City’s existing procedures. The City Council would therefore retain the ability to approve or decline to award the contract and to authorize any necessary project funding.

Revising the plans and specification approval requirements would allow authorized staff to approve plans while retaining the City Council’s ultimate authority over whether a construction contract is awarded. This change is expected to shorten the period between completion of project design and commencement of construction, particularly for projects for which funding and implementation have already been authorized by the City Council.

Amendment to Streamline the Ability to Work with Vendors Retained by the City through On-Call Agreements

At its July 10, 2023, meeting, the City Council approved on-call professional services agreements with 14 general civil engineering firms, seven traffic engineering firms, seven construction management and inspection firms, and six geotechnical engineering and materials testing firms to assist with the design and construction of capital improvement and other City projects.

On-call agreements allow the City to retain qualified consultants through a competitive procurement process and subsequently assign work on a task-by-task basis as individual needs arise. Under the City’s current procedures, task orders within the Purchasing Officer’s Purchasing Authority, currently $100,000, may be issued administratively. Task orders exceeding the Purchasing Authority must be brought to the City Council for separate approval before work may begin, even when the underlying on-call agreement and funding for the work have already been approved.

Many capital projects involve multiple task orders across several different firms. Requiring separate City Council approval for each task order exceeding the Purchasing Authority can therefore result in multiple additional approval steps over the course of a single project, cumulatively adding significant time to the project delivery schedule.

Staff recommends amending CCMC Section 3.07 to exempt individual task orders issued pursuant to a City Council-approved on-call agreement from the Purchasing Authority. This would allow staff to issue task orders without returning to the City Council solely because an individual task order exceeds the Purchasing Authority.

This exemption would not provide staff with independent authority to appropriate additional funds. Task orders could only be issued when sufficient funding has already been appropriated by the City Council through the adopted budget, a mid-year budget amendment, or another Council action, and all other applicable procurement requirements would continue to apply. The proposed amendment therefore changes the administrative process for utilizing previously authorized contracts and funding; it does not expand the amount of funding available to staff.

The proposed amendment would better align the task order process with the purpose of an on-call agreement: allowing the City to efficiently obtain services from qualified consultants that have already been selected through the City’s procurement process. Eliminating the additional approval step would allow design, engineering, construction management, and other professional services to begin sooner, thereby reducing the overall time required to deliver City projects.

Approval of Plans and Specifications for Public Works Construction Projects

CCMC Section 3.07.090 currently requires the City Council to approve plans and specifications for Public Works construction projects estimated to exceed the Purchasing Authority before the City may publish a Notice Inviting Bids. After the competitive bidding process is complete, staff must return to the City Council for separate approval to award the construction contract.

Staff recommends removing the requirement for separate City Council approval of plans and specifications prior to advertising a project for bids. Plans and specifications would instead be approved administratively by the appropriate authorized City official, allowing staff to proceed directly to competitive bidding once a project is ready for construction.

The proposed amendment would not delegate authority to staff to award construction contracts exceeding the Purchasing Authority. Following completion of the bidding process, staff would continue to return to the City Council for approval of the construction contract, as required under the City’s existing procedures. The City Council would therefore retain the ability to approve or decline to award the contract and to authorize any necessary project funding.

Revising the plan approval requirements would allow authorized staff to approve plans while retaining the City Council’s ultimate authority over whether a construction contract is awarded. This change is expected to shorten the period between completion of project design and commencement of construction, particularly for projects for which funding and implementation have already been authorized by the City Council.

Taken together, the proposed amendments to CCMC Sections SectionChapters 3.02.030 and 3.07.090 would reduce administrative lead time between City Council authorization of a project and its implementation. Time saved during design, consultant contracting, and bidding would translate directly into shorter overall project delivery schedules while preserving the City Council’s authority over project funding and construction contract awards.

Other Clarifying Amendments

Amendment to Expressly Authorize the City Engineer and City Traffic Engineer to Approve Plans and Specifications for the Purposes of Design Immunity

California Government Code Section 830.6 provides certain protections to public entities and public employees from liability for injuries caused by the plan or design related to construction of, or improvements, to public property when the plan or design has been approved in advance by the legislative body or by an employee exercising discretionary authority to give such approval. These protections are commonly referred to as “design immunity.”

Staff recommends amending CCMC Section 3.02 to expressly authorize the City Engineer and City Traffic Engineer to approve plans and specifications for purposes of Government Code Section 830.6. The amendment would establish clear discretionary authority for these positions to approve engineering plans and specifications on behalf of the City for purposes of design immunity.

FISCAL ANALYSIS

There is no direct fiscal impact associated with adoption of the proposed ordinance.

The proposed amendments do not authorize additional expenditures or increase existing budget. Task orders issued under on-call agreements would remain limited to funding previously appropriated by the City Council through the adopted budget, mid-year budget amendments, or other Council action. If sufficient appropriated funding is not available, staff would be required to obtain City Council approval of additional funding before issuing the task order.

Similarly, the proposed amendments concerning Public Works plans and specifications would not change the existing requirement for City Council approval of construction contracts exceeding the Purchasing Authority. Staff would continue to return to the City Council following the competitive bidding process for approval of the construction contract and any associated appropriation or budget amendment, as applicable.

ATTACHMENTS

1.                     Proposed Ordinance Amending Culver City Municipal Code Sections Chapters Sections 3.02.030 and 3.07.090.

recommended action

MOTION

That the City Council:

Staff recommends the City Council iIntroduce an ordinance amending Culver City Municipal Code (CCMC) Sections Sections Chapters 3.02.030 and 3.07.090 toto: (1) Aauthorize the City Engineer and City Traffic Engineer to approve plans and specifications for purposes of California Government Code Section 830.6; and (2) remove the requirement for City Council approval of plans and specifications for Public Works Projects prior to bidding.: (1) expressly authorize the City Engineer and City Traffic Engineer to approve plans and specifications for purposes of California Government Code Section 830.6; and (2) streamline administrative procedures associated with vendors retained by the City through on-call agreements and the delivery of Public Works construction projects.