HomeMy WebLinkAboutReso 2018-160RESOLUTION NO. 2018-160
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DELEGATING AUTHORITY TO EXERCISE
DISCRETIONARY APPROVAL OF DESIGNS FOR PUBLIC
WORKS AND PUBLIC 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. This 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 the reasonableness
of a design; and (3) a causal relationship between the design and the harm claimed; and
WHEREAS, the first element may be satisfied where the legislative body, or authorized
designee, exercises discretionary authority to approve the plan or design of the improvement in
advance of construction of the improvement; and
WHEREAS, the City 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 designee, authorized to exercise discretionary authority to approve the plan or
design of public improvements in advance of construction of the improvement; and
WHEREAS, staff recommends adopting this resolution to delegate the discretionary
authority to approve plans and designs for public works and public improvement projects to the
City Engineer, or 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 City’s discretion or
authority to approve projects; and
WHEREAS, this resolution does not impact, affect, or change the City Council’s
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.
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Resolution No. 2018-160
Page No. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it delegates the 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
approval of designs, including design amendments and addenda, for all public works and public
improvement projects.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
delegates 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
approval of designs, including design amendments and addenda, prepared by consultants
retained by the City.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the
approval of the City Engineer, or designee, of a design prepared by a consultant retained by the
City to prepare such design is limited to an acceptance of the design as being in general
conformance with applicable statutes, codes, standards, and guidelines and 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.
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Resolution No. 2018-160
Page No. 3
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering and Capital Projects City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of August 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-160 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of August 2018.
Executed this 7th day of August 2018.
Kerry K. Bigelow, MMC, City Clerk
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