PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: April 15, 2025
TITLE:
Delegation of Authority to Exercise Discretionary Approval of Designs for Public Works Construction and Improvement Projects to the City Engineer or Designee RECOMMENDATION:
Adopt a Resolution delegating authority to exercise discretionary approval of designs for Public Works construction and improvement projects to the City Engineer or designee.
DISCUSSION:
Staff desires to formalize the establishment of design immunity for Public Works and public improvement projects.
Design immunity is provided by California Government Code Section 830.6 to limit liability of public entities when the public entity exercises appropriate discretion in the planning and design of public improvements to defend against claims arising out of an alleged design defect. To invoke design immunity protections, three elements must be satisfied:
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.
Of the three elements, the second and third are addressed during the litigation process.
However, the first element may be satisfied before a claim against the City occurs by the City Council or designee approving the plan or design prior to construction occurring.
Staff recommends that the City Council delegate its authority to the City Engineer or designee (provided that such designee holds a valid registration as a Professional Engineer in the State of California) to exercise discretionary authority to approve the plan or design of the improvement in advance of construction. The City Engineer or designee was selected because the City Engineer has the professional experience and technical background to review and oversee public works construction and improvement projects, and to approve the design, plans and specifications of any project that the City may see in the future.
It is important to note that if adopted, this resolution does not change current practices, or alter the City Council’s or staff’s authority to approve projects. Nor does it circumvent other established project design review or approval processes. It is limited to the approval of project designs for the purpose of supporting the City’s design immunity protections as provided by state law.
Council Agenda 4-15-2025 9.D-1
Conclusion and Recommendation
Staff recommends that the City Council adopt a resolution (Attachment 1) delegating authority to exercise discretionary approval of designs for public works construction and improvement projects to the City Engineer or designee.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Resolution
Submitted by: Mike James, Assistant City Manager
City Manager Approval:
Council Agenda 4-15-2025 9.D-2
RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA DELEGATING THE AUTHORITY TO EXERCISE DISCRETIONARY
APPROVAL OF DESIGNS FOR PUBLIC WORKS CONSTRUCTION AND
IMPROVEMENT PROJECTS TO THE CITY ENGINEER 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, design immunity limits liability of public entities when the public entity exercises appropriate discretion in the planning and design of public improvements to defend against claims arising out of an alleged design defect; and WHEREAS, to invoke design immunity protections three elements must be satisfied; 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
WHEREAS, the first element may be satisfied when a legislative body or its designee exercises discretionary authority to approve the plan or design of the improvement in advance of construction of the improvement; and
WHEREAS, the City Engineer position, as well as any designee, shall have a valid registration as a Professional Engineer in the State of California, relatable professional experience, and technical background to review and oversee public works construction and improvement projects, and approve the design, plans and specifications of any project prior to its construction; and
WHEREAS, this process does not alter the City Council’s or City staff’s authority to approve projects, nor does it circumvent other established project design review or approval processes. It is limited to the approval of project designs for the purpose of supporting the City’s design immunity protections as provided by state law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby delegates authority to exercise discretionary approval of designs for public works construction and improvement projects to the City Engineer or designee.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 15th day of April 2025, by the following vote:
AYES:
Council Agenda 4-15-2025 9.D-3
Attachment 1
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 4-15-2025 9.D-4
Attachment 1