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