HomeMy WebLinkAbout05 ADOPT RES NO. 13-07• Agenda Item 5
AGENDA REPORT Reviewed.
City Manager
Finance Director �JA
MEETING DATE. FEBRUARY 19 2013
TO JEFFREY C PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT ADOPT RESOLUTION NO 13 -07 AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS OR THE CITY ENGINEER TO ACCEPT CAPITAL IMPROVEMENT
PROJECTS AS COMPLETE AND FILE NOTICES OF COMPLETION
SUMMARY
In order to properly deem work complete under a contract of a capital improvement project, the project
must be accepted as complete and a notice of completion recorded with fifteen (15) days of acceptance in
the Office of the County Recorder The City Council may adopt a resolution authorizing the Director of
Public Works or the City Engineer to accept capital improvement projects as complete and to file a Notice
of Completion for these projects. This will ensure the Notices of Completion occur on a timely basis.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 13 -07 authorizing the Director of Public
Works or the City Engineer to accept capital improvement projects as complete, and to file a Notice of
Completion in the Office of the County Recorder
FISCAL IMPACT
No funding is required for this action.
DISCUSSION
This item addresses an option for streamlining the filing of Notices of Completion. Under current practice,
at the conclusion of every capital improvement project, the Department of Public Works requests that the
City Council accept the project and direct the City Clerk to file a Notice of Completion with the Office of the
County Recorder Staff recommends that the Council authorize this task be performed administratively
with the adoption of the attached resolution. This action will expedite the process for filing Notices of
Completion and eliminate the need for City Council action to accept each project.
The 'Notice of Completion' as defined by Section 9200 of the California Civil Code, requires, by Section
9204 that the notice be signed and verified by the public entity or its agent' and then filed in the Office of
the County Recorder within fifteen (15) days after project completion. Since the statute itself delegates
the authority to appoint an agent of the public entity to process the acceptance and the notices, adoption
of this resolution is appropriate. Doing so will ensure timely filing of the Notices even when the Council
does not meek, Resolution No 13 -07 has been reviewed and approved by the City Attorney
1Z.1(wrlpmmmaz
Director mf Public Works /City Engineer
Attachment: Resolution No. 13 -07
RESOLUTION NO 13 -07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR THE CITY ENGINEER TO
ACCEPT CAPITAL IMPROVEMENT PROJECTS AS COMPLETE AND FILE A NOTICE
OF COMPLETION IN THE OFFICE OF THE COUNTY RECORDER
WHEREAS, the City Council of the City of Tustin presently accepts capital improvement
projects as complete and the City Clerk files a Notice of Completion in the Office of the County
Recorder at the conclusion of every capital improvement project; and
WHEREAS, the City Council finds that the acceptance of completed projects by City
staff will expedite this administrative function.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that the
Director of Public Works or the City Engineer is hereby authorized to accept capital
improvement projects as complete at the conclusion of each completed capital improvement
project, and the City Clerk is hereby authorized to file the Notice of Completion in the Office of
the County Recorder within fifteen (15) days after the project completion.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 19"' day of February 2013.
Elwyn A. Murray Mayor
ATTEST
Jeffrey C. Parker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Jeffrey C Parker City Clerk and ex- officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is five.
that the above and foregoing Resolution No. 13 -07 was duly and regularly passed and adopted
at a regular meeting of the City Council held on the 19th day of February 2013 by the following
vote:
COUNCILMEMBER AYES.
COUNCILMEMBER NOES.
COUNCILMEMBER ABSTAINED.
COUNCILMEMBER ABSENT
JEFFREY C PARKER,
City Clerk