HomeMy WebLinkAbout2019-02-26 - RESOLUTIONS - DELEGATING DISCRETIONARY AUTHORITY TO THE DIRECTOR (2)RESOLUTION NO. 19-6
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. 19-6, as 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 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 for the City of Santa Clarita, I do hereby
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exercise the discretion delegated to me and approve the plan or design, or amendment or
modification to the plan or design, or a construction of, or an improvement to the public
facility, structure, or property to which this statement and my signature is affixed.
Executed on "
SECTION 3. For any such design change that impacts the previously approved
aesthetics of a building, staff will provide notification via memo to the City Council.
SECTION 4. This resolution and the action taken thereby shall be effective upon
adoption.
SECTION 5. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 261h day of February 2019.
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MAYOR
ATTEST:
CITY CLERK:
DATE: , 'r
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 No. 19-6 was duly adopted by the City Council of the City of Santa Clarita
at a regular meeting thereof, held on the 26th day of February 2019, by the following vote:
AYES: COUNCILMEMBERS: Miranda, Kellar, Weste, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Smyth
CITYCLERK.�W...�W.W.........................................................�.�.�
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