ORDINANCE NO. CCO-17-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MT. SHASTA, CALIFORNIA ADDING TO TITLE 17 OF THE CITY OF MT. SHASTA MUNICIPAL CODE AND ESTABLISHING SECTION 17.36.260 RELATING TO THE APPROVAL OF PLANS AND DESIGNS
WHEREAS, California 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 under certain conditions; and
WHEREAS, such conditions are that such plan or design must be approved in advance of the construction or improvement by the legislative body of the public entity, or by some other body or employee exercising discretionary authority to such approval; and
WHEREAS, in order to preserve the City’s design immunity protection under Section 830.6, the City Council now desires to confer upon and delegate the authority to approve plans and designs for all of the City public improvement projects and subdivision improvement projects to the Public Works Director, or his or her designee, and memorialize this fact by way of this ordinance; and
WHEREAS, 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 (e.g. design review and approval for conformance with discretionary permit requirements).
NOW, THEREFORE, the City Council of the City of Mt. Shasta does ordain as follows:
SECTION 1 – CLASSIFICATION
This ordinance is classified as a codified ordinance of a permanent nature.
SECTION 2 – ADDITION OF NEW SECTION
There is hereby added to the Title 17 of the Mt. Shasta Municipal Code a new Section 17.36.260 as follows:
17.36.260 Approval of Plans and Designs
The Public Works Director is delegated the authority to exercise discretionary approval of plans, designs, and any design amendments or addenda for public improvement or subdivision improvement projects. The Public Works Director or his/her designee shall sign the plans and designs.
SECTION THREE – INCONSISTENCIES REPEALED
Any provisions of the Mt. Shasta Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.
SECTION FOUR – PUBLICATIONS OF CODIFICATION
Section Two of this ordinance is the sole portion of this Ordinance that requires publication in the codification of the Mt. Shasta Municipal Code.
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, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Ordinance and adopted this Chapter and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases were to be declared invalid or unconstitutional.
PASSED, APPROVED, AND ADOPTED this 12th day of June, 2017.
AYES: Engstrom, Stearns, Stackfleth, Wagner, Morter
Kathy Morter, Mayor
Kathryn M. Wilson, Deputy City Clerk
APPROVED AS TO FORM:
John Sullivan Kenny, City Attorney
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