HomeMy WebLinkAboutCA Public Works Director Authority to Approve Public Works Project Plans
Agenda Item No: 4.a
Meeting Date: January 20, 2026
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: January 20, 2026
Disposition: Introduced the Ordinance, waived further reading, and referred to it by title only
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney’s Office
Prepared by: Katherine Kasameyer
Deputy City Attorney
City Manager Approval: ______________
TOPIC: PUBLIC WORKS DIRECTOR AUTHORITY TO APPROVE PUBLIC WORKS PROJECT
PLANS
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE
SECTION 2.12.290, DUTIES OF THE SUPERVISOR OF PUBLIC WORKS, TO CLARIFY
DELEGATION OF AUTHORITY TO THE SUPERVISOR OF PUBLIC WORKS AND
DESIGNEES TO APPROVE PLANS, SPECIFICATIONS, AND DESIGNS FOR PUBLIC
WORKS PROJECTS; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA
GUIDELINE 15378(b)(5)
RECOMMENDATION:
Staff recommends that the City Council introduce an Ordinance amending Chapter 2.12 of the San Rafael
Municipal Code to modify Section 2.12.290 to clarify that the Director of Public Works and designees have
the discretionary authority to approve plans, specifications, and designs for public works projects, waive
further reading of the ordinance, and refer to it by title only.
BACKGROUND:
Design immunity, codified in California Government Code Section 830.6, is an affirmative legal defense
that protects public entities, such as cities, from liability for injuries allegedly caused by the design of
public facilities, like roads, under certain circumstances. To prevail on a claim for design immunity, the
public entity has the burden of establishing these three elements:
1. A feature in the design caused the accident;
2. The entity gave discretionary approval of the design before construction; and
3. Substantial evidence supporting the reasonableness of the design.
ANALYSIS:
This ordinance is aimed at enhancing the City's assertion of a design immunity defense in lawsuits
involving alleged dangerous conditions, whether the public works project is approved at the staff or
Council level. City engineers review all proposed designs, specifications, and plans to ensure they comply
with applicable standards. The City Council approves most public works projects, but there are some that
may be approved at the staff level because the contract amount does not reach the Council threshold or
SAN RAFAEL COUNCIL AGENDA REPORT / Page: 2
alternatively must be approved due to an emergency. In addition, the Council in the past has delegated
this authority in project resolutions. The proposed Ordinance clarifies that the Director of Public Works or
their designee[s] have the discretionary authority to approve designs, specifications, and plans. Codifying
this delegated authority in the municipal code facilitates establishing design immunity should the City
need to do so in response to a claim or lawsuit.
The proposed amendment is identified through underlining directly below.
Section 2.12.290 Supervisor of public works—Duties
Subject to determination of policy by the city council, the supervisor of public works shall have the
following powers and perform the following duties:
a) Supervise and administer all of the functions and duties of the department of public works and
the employees thereof, including the making of recommendations to the city council with relation
to the employees, the amount of their compensation, and the nature of their duties;
b) Act as technical adviser and consultant to the city council and to the various department heads of
the city government with relation to public works;
c) Be responsible for the maintenance of adequate records and maps pertaining to public works;
d) Formulate and from time to time submit to the city council a long-range program for the
construction and maintenance of public improvements;
e) Perform the duties of city traffic engineer;
f) Perform the duties of city superintendent of streets;
g) Prepare and deliver to the city manager for submission to the city council, an annual budget for
the operation of the department of public works;
h) Prepare and submit to the city council from time to time and as required, estimates of costs for
specific public works projects;
i) Such other duties as the city manager or city council directs.;
In addition, the supervisor of public works is granted the discretionary authority to approve plans,
specifications and/or designs for “public works,” as that term is defined in section 11.50.020(H) of this
Code. The supervisor of public works may further delegate the aforementioned authority, in writing, to
designated City of San Rafael employee[s], so long as such employee[s] possess[es] a valid certificate
of registration as an engineer by the California Board of Professional Engineers both at the time of
delegation and at the time of approval of the plans, specifications and /or designs. For purposes of this
section and Section 830.6 of the California Government Code, a stamp or signature by the supervisor of
public works or designee pursuant to this section on public works plans, specifications or designs, or a writing
signed by the supervisor of public works or designee pursuant to this section concerning public works plans,
specifications or designs (any or all of which may be in electronic form), shall be conclusive evidence of
discretionary approval of the plans, specifications or designs.
This recommendation supports the City Council’s Strategic Plan for Fiscal Years 2025-2028 goal
regarding Priority F, “High performing government,” as it promotes “the sensible use of funds in alignment
with the City’s priorities and responsibilities.” It is also consistent with efforts to “streamline and modernize
the City’s land use regulatory framework to facilitate development and growth” under Goal A.4.
FISCAL IMPACT:
There is no fiscal impact in adopting this ordinance.
ENVIRONMENTAL DETERMINATION:
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA)
in accordance with CEQA Guidelines Section 15378(b)(5), in that, approving this action does not meet
CEQA's definition of a “project,” because this is a personnel-related action that constitutes organizational
or administrative activities of governments that will not result in direct or indirect physical changes in the
SAN RAFAEL COUNCIL AGENDA REPORT / Page: 3
environment.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Introduce the Ordinance.
2. Postpone the introduction of the Ordinance to allow amendments to be incorporated into the
Ordinance.
RECOMMENDED ACTION:
Staff recommends that the City Council introduce an Ordinance amending San Rafael Municipal Code
Section 2.12.290, Duties of the Supervisor of Public Works, to clarify delegation of authority to the
supervisor of Public Works and designees to approve plans, specifications, and designs for public works
projects, to waive further reading of the ordinance, and refer to it by title only.
ATTACHMENTS:
1. Ordinance
ORDINANCE NO. 2058
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN
RAFAEL MUNICIPAL CODE SECTION 2.12.290, DUTIES OF THE SUPERVISOR OF
PUBLIC WORKS, TO CLARIFY DELEGATION OF AUTHORITY TO THE
SUPERVISOR OF PUBLIC WORKS AND DESIGNEES TO APPROVE PLANS,
SPECIFICATIONS AND DESIGNS FOR PUBLIC WORKS PROJECTS
WHEREAS, design immunity, codified in Government Code Section 830.6, is an
affirmative legal defense that protects public entities, such as cities, from liability for
injuries allegedly caused by the design of public facilities, like roads, under certain
circumstances; and
WHEREAS, this Ordinance clarifies that the supervisor of public works or designees have
the discretionary authority to approve designs and plans of “public works” projects as
defined by section 11.50.020(H) of the San Rafael Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 1. AMENDMENT OF MUNICIPAL CODE
Section 2.12.290 of the San Rafael Municipal Code is hereby amended to read as follows,
with additions shown in underline, and deletions shown in strikethrough:
Section 2.12.290 Supervisor of public works—Duties
Subject to determination of policy by the city council, the supervisor of public works shall
have the following powers and perform the following duties:
(a) Supervise and administer all of the functions and duties of the department
of public works and the employees thereof, including the making of
recommendations to the city council with relation to the employees, the amount of
their compensation, and the nature of their duties;
(b) Act as technical adviser and consultant to the city council and to the various
department heads of the city government with relation to public works;
(c) Be responsible for the maintenance of adequate records and maps
pertaining to public works;
(d) Formulate and from time to time submit to the city council a long-range
program for the construction and maintenance of public improvements;
(e) Perform the duties of city traffic engineer;
(f) Perform the duties of city superintendent of streets;
(g) Prepare and deliver to the city manager for submission to the city council,
an annual budget for the operation of the department of public works;
(h) Prepare and submit to the city council from time to time and as required,
estimates of costs for specific public works projects;
(i) Such other duties as the city manager or city council directs.;
(j) In addition, the supervisor of public works is granted the discretionary
authority to approve plans, specifications and/or designs for “public works,” as
that term is defined in section 11.50.020(H) of this Code. The supervisor of
public works may further delegate the aforementioned authority, in writing, to
designated City of San Rafael employee[s], so long as such employee[s]
possess[es] a valid certificate of registration as an engineer by the California
Board of Professional Engineers both at the time of delegation and at the time
of approval of the plans, specifications and/or designs. For purposes of this
section and Section 830.6 of the California Government Code, a stamp or
signature by the supervisor of public works or designee pursuant to this section
on public works plans, specifications or designs, or a writing signed by the
supervisor of public works or designee pursuant to this section concerning
public works plans, specifications or designs (any or all of which may be in
electronic form), shall be conclusive evidence of discretionary approval of the
plans, specifications or designs.
DIVISION 2. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
of this Ordinance. The City Council of the City of San Rafael hereby declares that it would
have adopted the Ordinance and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases shall be declared invalid.
DIVISION 3. CEQA Determination.
The City Council finds that adoption of this Ordinance is exempt from the
California Environmental Quality Act (CEQA), pursuant to 14 CCR Section
15378(b)(5), this is a personnel-related action that constitutes organizational or
administrative activities of governments that will not result in direct or indirect
physical changes in the environment.
DIVISION 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published and circulated in the City of San
Rafael and shall be in full force and effect thirty (30) days after its final passage. If published
in summary form, the summary shall also be published within fifteen (15) days after the
adoption, together with the names of those Council members voting for or against same, in
a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of
the City Clerk, a certified copy of the full text of this Ordinance along with the names of
those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of
the San Rafael City Council on the 20th day of January 2026, and was passed and
adopted at a regular meeting of the San Rafael City Council on the 2nd day of February
2026 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk