HomeMy WebLinkAbout _ 4(d)--Ordinance No. 2665 Amending RMC Title 2 (Administration and Personnel)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Ordinance No. 2665, an ordinance of the City Council of the City of Redding, amending
Redding Municipal Code Title 2 (Administration and Personnel), Chapter 2.28 (City Engineer)
by adding Section 2.28.060 (Approval of Plans, Specifications and Designs) relating to codifying
existing authority in the City Engineer to exercise discretion in the approval of plans,
specifications and design of all public improvements.
Attachments
^Ordinance No. 2665
MEETING DATE: October 17, 2023
ITEM NO. 4(d)
FROM:
***APPROVED BY***
bdewalt@cityofredding.org
btippin@cityofredding.org
SUBJECT: 4(d)--Adopt Ordinance No. 2665 amending Redding Municipal Code Title 2
(Administration and Personnel) relating to codifying existing authority in the City Engineer to
exercise discretion in the approval of plans, specifications and design of all public
improvements.
Barry DeWalt, City Attorney
1
First Reading done: 09/19/2023 BD DRAFT NEW ORDINANCE
For adoption on: 10/17/2023 (5-0)
CC Agenda item no.: 4(d)
ORDINANCE NO. 2665
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 2
(ADMINISTRATION AND PERSONNEL), CHAPTER 2.28 (CITY
ENGINEER) BY ADDING SECTION 2.28.060 (APPROVAL OF PLANS,
SPECIFICATIONS AND DESIGNS) RELATING TO CODIFYING
EXISTING AUTHORITY IN THE CITY ENGINEER TO EXERCISE
DISCRETION IN THE APPROVAL OF PLANS, SPECIFICATIONS AND
DESIGN OF ALL PUBLIC IMPROVMENTS
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. It is the purpose of this ordinance to codify existing authority in
the City Engineer to exercise all discretion in the approval of plans, specifications and design of
all public improvements. It is intended that this ordinance will conclusively establish the
affirmative defense of design immunity, as set forth in Government Code section 830.6.
Section 2. Title 2 (Administration and Personnel), Chapter 2.28 (City Engineer),
Section 2.28.060 is amended to read as follows:
2.28.060 – Approval of Plans, Specifications and Designs.
A. In accordance with Government Code section 830.6, as it may be amended from time to
time, the City Council hereby delegates authority to the City Engineer, or designee, to
approve plans, specifications, and designs and all amendments and addenda thereto. This
authority includes, but is not limited to, the adoption of field changes through the change
order process, and/or approval of as-built plans for all public works contracts and
improvements, however, established.
B. The City Engineer is not required to affix a signature, stamp or other indication of approval
in order to exercise the discretion vested herein. The adoption of any plan, specification
or design, as set forth in Subdivision (A), whether individually tailored to a specific
improvement or as a standard form to be applied generally, shall itself evidence the City
Engineer’s exercise of discretion.
Section 2. Severability. If any section, subsection, sentence, clause or phrase of these
ordinances is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining porti ons of the
ordinances. The City Council of the City of Redding hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact
that one or more sections, subsections, sentences, clauses or phrases may be held invalid or
unconstitutional.
2
Section 3. The passage of this ordinance is not a “project” according to the definition
in the California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 4. This ordinance shall take effect thirty (30) days after the date of its adoption,
and the City Clerk shall certify to the adoption thereof and cause publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council
of the City of Redding at a regular meeting on the 19th day of September, 2023, and was duly
adopted at a regular meeting on the ____ day of October, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________________
MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVED:
______________________________ __________________________________
SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney
DATE ATTESTED: October ____, 2023