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HomeMy WebLinkAboutRES 2023-03RESOLUTION NO, 2023-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIA WHEREAS, plans and specifications have been prepared for the Area 2 Residential and Collector Streets Rehabilitation and Arterial Street Rehabilitation Project; and WHEREAS, Government Code Section 830.E provides design immunity for construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement; and WHEREAS, the Project is exempt from review under the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Regulations. NOW, THEREFORE, it is found, determined, and resolved by the City Council of the City of Diamond Bar as follows. SECTION 1: Legislative Intent and Findings. A. The City retained RKA Consulting Group, Inc. ("Consultant") as the engineer to design and prepare the plans for the Residential & Collector Streets Rehabilitation (Area 2) and Arterial Street Rehabilitation (Golden Springs Drive from Brea Canyon Road to Grand Avenue) Project ("Project"); B. The City Council's approval of the Plans and Specifications for the Project is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15301(c), Existing Facilities; C. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; D. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and consistent with the City's standards, and the Project may be constructed; and E. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project.MENEEMENEW SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. Resolution No. 202M3 B. The approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: The City Clerk is directed to certify the adoption of this Resolution. SECTION 4: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 7th day of February, 2023. CITY OF DIAMOND BAR Chou, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on 7th day of February, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAINED COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu Kristina Santana, City Clerk 2