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HomeMy WebLinkAbout2019-02-26 - AGENDA REPORTS - CONSIDERATION OF A RESO DELEGATING DISCRETIONARY A (2)Agenda Item: 7 DATE: February 26, 2019 SUBJECT: CONSIDERATION OF A RESOLUTION DELEGATING DISCRETIONARY AUTHORITY TO THE DIRECTOR OF PUBLIC WORKS, DIRECTOR OF RECREATION AND COMMUNITY SERVICES, DIRECTOR OF NEIGHBORHOOD SERVICES, CITY ENGINEER AND ASSISTANT CITY ENGINEERS TO APPROVE PLANS AND DESIGNS FOR THE CONSTRUCTION OF OR IMPROVEMENTS TO PUBLIC PROPERTY FOR PURPOSES OF DESIGN IMMUNITY PURSUANT TO GOVERNMENT CODE SECTION 830.6 DEPARTMENT: City Manager's Office PRESENTER: Joseph Montes RECOMMENDED ACTION City Council to consider adoption of Resolution No. 19- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DELEGATING DISCRETIONARY AUTHORITY TO THE DIRECTOR OF PUBLIC WORKS, DIRECTOR OF RECREATION AND COMMUNITY SERVICES, DIRECTOR OF NEIGHBORHOOD SERVICES, CITY ENGINEER, AND ASSITANT CITY ENGINEERS TO APPROVE PLANS AND DESIGNS FOR THE CONSTRUCTION OF OR IMPROVEMENTS TO PUBLIC PROPERTY FOR PURPOSES OF DESIGN IMMUNITY PURSUANT TO GOVERNMENT CODE SECTION 830.6. BACKGROUND California Government Code section 830.6 provides that a City is not liable for an injury caused by the plan or design of a public improvement if the design or plan for such public improvement has been approved prior to construction by the City Council, or a City employee exercising discretionary authority to make such approval. Additionally, the City is also immune from liability for injuries arising out of projects constructed consistent with previously adopted standards. Page 1 Historically, the City's public projects have been constructed in conformity with City/State and/or Federal standards for such projects, or the plans and design have been approved by the City Council, or by City officials charged with responsibility for such projects under the City's municipal code. Recent caselaw has suggested that responsibility over certain projects may not be an express enough delegation of authority for purposes of obtaining design immunity. Accordingly, staff is recommending the Council adopt a resolution expressly delegating authority to approve designs and plans for public improvements to the Director of Public Works, the Director of Recreation and Community Services, the Director of Neighborhood Services, the City Engineer, and the Assistant City Engineers for purposes of establishing design immunity. The vast majority of City projects obtain immunity either through the approval of design/bid specifications and awards of contract by the City Council or by being consistent with previously adopted standards. However, occasionally minor modifications to such projects need to be made after approval by the Council, but prior to construction -so delegated authority to approve such minor modifications is necessary to avoid a loss of design immunity. Additionally some projects do not receive City Council approval (such as developer funded/conditioned projects) or are below the dollar threshold for City Council approval, so express delegation for those projects is also appropriate. ALTERNATIVE ACTION Other action as determined by City Council. FISCAL IMPACT No financial impact. The attached resolution is a delegation of authority to approve projects and modifications to projects for purposes of establishing design immunity. It is not a delegation of any spending authority for any such projects. ATTACHMENTS Resolution Page 2 RESOLUTION NO. 19 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DELEGATING DISCRETIONARY AUTHORITY TO THE DIRECTOR OF PUBLIC WORKS, DIRECTOR OF RECREATION AND COMMUNITY SERVICES, DIRECTOR OF NEIGHBORHOOD SERVICES, CITY ENGINEER, AND ASSISTANT CITY ENGINEERS TO APPROVE PLANS AND DESIGNS FOR THE CONSTRUCTION OF OR IMPROVEMENTS TO PUBLIC PROPERTY FOR PURPOSES OF DESIGN IMMUNITY PURSUANT TO GOVERNMENT CODE SECTION 830.6. WHEREAS, California Government Code section 830.6 provide that a City is not liable for 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 the City, or by some other body or employee exercising discretionary authority to give such approval; and WHEREAS, the City believes that delegated responsibility by the City's Municipal Code, City Policy or City Council action over such projects to certain city employees and contractors includes such discretionary authority; and WHEREAS, the Santa Clarita City Council nevertheless wishes to expressly confirm such authority to avoid challenge to its immunity that may result from any ambiguity in that regard. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The Santa Clarita City Council hereby delegates to the Director of Public Works, Director of Recreation and Community Services, Director of Neighborhood Services, City Engineer, and Assistant City Engineers (whether such positions/functions are occupied by city employees or performed by some other body via contract) the discretionary authority to approve plans or designs of the construction of, or an improvement to, public property for purposes of establishing design immunity under California Government Code Section 830.6. SECTION 2. For purposes of implementing this resolution, a party exercising the discretion delegated in section one should affix the following statement, signed and dated, to any approved plan or design prior to construction commencing: "In accordance with Resolution No. 19-, as [TITLE] for the City of Santa Clarita, I do hereby exercise the discretion delegated to me and approve the plan or design, or amendment or modification to the plan or design, of a construction of, or an improvement to the public facility, structure, or property to which this statement and my signature is affixed. Executed on [INSERT DATE]" Page 1 of 2 SECTION 3. This resolution and the action taken thereby shall be effective upon adoption. SECTION 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 'h day of 2019. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution 19- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 'h day of 2019, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: Page 2 of 2 CITY CLERK r Q