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Council introduces ordinance to clarify Public Works director's authority over designs
Summary
The council introduced an ordinance that clarifies the director of public works (and qualified designees) may give discretionary approvals on public works plans and specifications to preserve design immunity protections; motion to introduce passed 5–0.
The San Rafael City Council on Jan. 20 introduced an ordinance to clarify that the director of public works, and properly qualified designees, have the discretionary authority to approve public works designs, plans and specifications prior to construction.
Deputy City Attorney Katharine Kasemeyer told the council the measure addresses the second prong of California’s design‑immunity test: whether a public entity provided discretionary approval to a plan before construction. She said the ordinance would apply mainly to smaller projects or situations where staff review or emergency delegation is appropriate, while larger projects would still come to council.
Council members asked how similar provisions had worked elsewhere. Staff said Petaluma adopted a similar rule about a year ago and that Emeryville had a longstanding provision. Council moved to introduce the ordinance, waive further reading and refer it by title; roll call passed 5–0.
The city clerk read the ordinance title as an amendment to municipal code section 2.12.290 clarifying delegation to the supervisor of public works and designees. The introduction is the first step; the ordinance will return for subsequent readings as required by law.
