ADOPT AN ORDINANCE TO DELEGATE SIGNATORY AUTHORITIES FOR ENCROACHMENT AGREEMENTS AND RELATED CEQA EXEMPTION (DISTRICTS: ALL)

The ordinance establishes a formal encroachment permit process to regulate the use of District property by private parties, ensuring that such use is granted as a revocable license rather than a permanent right. Under this framework, the Director of the Department of Public Works or their designated representative is authorized to issue permits for encroachments on District property, with the clear understanding that these permits may be revoked or modified at any time to accommodate the District’s needs. Any encroachment must be removed, relocated, or altered at the sole expense of the permit holder if the District requires access or use of the property for its own purposes. Permittees are required to assume full legal and financial responsibility for any liabilities arising from the installation, use, or maintenance of their encroachment on District property, including providing defense and indemnification to the District against all claims, damages, or costs. This structure safeguards the District’s property rights and shields it from exposure to third-party risks, while also streamlining the administrative process through delegated authority. The ordinance is part of a broader effort to bring clarity and consistency to encroachment management across all Districts within San Diego County, aligning with environmental compliance exemptions under CEQA.