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
SUMMARY OF 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; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15378(b)(5).
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2058, which will amend section 2.12.290 of the San Rafael Municipal Code. Ordinance No. 2058 is scheduled for adoption by the San Rafael City Council at its regular meeting of February 2, 2026. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would amend section 2.12.290 of the San Rafael Municipal Code, regarding the discretionary authority of the supervisor of public works, to clarify that the supervisor of public works and designees have delegated authority to approve plans, specifications and designs for public works projects.
For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk at [email protected] or (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 9:00 a.m. to 4:00 p.m.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: January 23, 2026