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2021-14 Delegating Authority for Public Works ProjectsRESOLUTION NO. 2021-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF SAN DIEGUITO WATER DISTRICT ADOPTING DELEGATING AUTHORITY TO EXERCISE DISCRETIONARY APPROVAL OF DESIGNS FOR PUBLIC WORKS AND PUBLIC IMPROVEMENT PROJECTS TO THE GENERAL MANAGER OR DESIGNEE WHEREAS, California Government Code Section 830.6 provides limitations on liability for public entities for conditions of public property where the public entity exercises appropriate discretion in the planning and design of public improvements. The limitation of liability is commonly known as "design immunity," and WHEREAS, California Government Code Section 830.6 requires public entities to establish the following three elements to invoke design immunity protections: (1) discretionary approval of a design before construction; (2) substantial evidence supporting reasonableness of a design; and (3) a causal relationship between the design and the harm claimed; and District is an urban supplier of water providing water to a population of approximately 38,000; and WHEREAS, the first element may be satisfied where the legislative body, or the General Manager's designee, exercises discretionary authority to approve the plan or design of the improvement in advance of construction of the improvement; and WHEREAS, the San Dieguito Water District desires to minimize its liability exposure to conditions of public property related to the planning and design of public works and improvements by confirming the staff position, or the General Manager's designee, authorized to exercise discretionary authority to approve the plan or design of public improvements in advance of construction of the improvement; and WHEREAS, the District staff recommends adopting this resolution to delegate the discretionary authority to approve plans and designs for public works and public improvement projects to the General Manager, or the District Engineer, or to General Manager's designee provided that such designee holds a valid registration as a Professional Engineer in the State of California; and WHEREAS, this resolution does not impact, affect, or change the District's discretion or authority to approve projects; and WHEREAS, this resolution does not impact, affect, or change the District's Board discretion or authority to appropriate or approve project funding; and WHEREAS, this resolution does not circumvent other established project design review or approval processes; and WHEREAS, this resolution is narrowly limited to approval of project designs for the purpose of supporting the City's design immunity protections as provided by State Law. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED by the Board of Directors of San Dieguito Water District as follows: 1. That it delegates the authority to the General Manager, or the District Engineer, or the General Manager's designee provided that such designee holds a valid registration as a Professional Engineer in the State of California, to exercise discretionary approval of designs, including design amendments and addenda, for all public works and public improvement projects. 2. That it delegates authority to the General Manager, or the District Engineer, or the General Manager's designee provided that such designee holds a valid registration as a Professional Engineer in the State of California, to exercise discretionary approval of designs, including design amendments and addenda, prepared by consultants retained by District. 3. That the approval of the General Manager, or the District Engineer, or the General Manager's designee, of a design prepared by a consultant retained by the City to prepare such design is limited to an acceptance and approval of the design as being in general conformance with applicable statutes, codes, standards, and guidelines for the purpose of Government Code section 830.6 and, otherwise, the responsibility and liability for the completeness, accuracy, and conformance of such will continue to reside with the Engineer of Record or Engineering Firm of Record that prepared that design. PASSED AND ADOPTED at a meeting of the Board of Directors of San Dieguito Water District held on May 19, 2021. ATTEST: " l Pamela Antil, Secretary to the Board APPROVED AS TO FORM: CERTIFICATION: I, Kathy Hollywood, Board Clerk of the San Dieguito Water District, do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the Board on the 19th day of May, 2021 by the following vote: AYES: Blakespear, Hinze, Kranz, Lyndes, Mosca NOES: None ABSENT: None ABSTAIN: None A-4A, Kathy Holly ood, Board Clerk