R-9792
EPWM:CC:AA:DP: F:\DATA\SPFILES\SP-MISC\cc Reports\ccProp35.doc
City Council Meeting: August 13, 2002 Santa Monica, California
RESOLUTION NUMBER...91.2.2"'<CCS)
CITY COUNCIL SERIES
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA IN OPPOSITION TO
ASSEMBLY BILL 1839 - AMENDMENT TO THE CIVIL CODE
WHEREAS, the City of Santa Monica currently has the authority and duty to
respond to local concerns and to provide rules that best meet the needs of the
community; and
WHEREAS, the City of Santa Monica currently negotiates indemnification
agreements with its design professionals and design/builders in a manner that protects
the City from liability for claims arising from the performance or nonperformance of the
agreement, design activities, payments to its subconsultants, personal injuries
associated with the performance or nonperformance of its activities, among others;
WHEREAS, Assembly Bill 1839 will limit the obligations of design professionals
to indemnify public agencies only to the extent claims are caused by the negligence,
recklessness or wilful misconduct of the design professionals in the performance of the
agreement;
3
Adopted and approved this 13th day of August, 2002.
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9792 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 13th of August, 2002, by
the following vote:
Ayes: Council members:
O'Connor, Bloom, Genser" Mayor Pro Tem
McKeown, Mayor Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Council members:
Holbrook, Katz
~~ ~.-b
Maria Stewart, City CI k