To: MAYOR AND CITY COUNCIL
From: ANDREW WINJE, PUBLIC WORKS DIRECTOR
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ADOPT BY TITLE ONLY RESOLUTION NO. CC-2508-060 OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO EXECUTE TEMPORARY CONSTRUCTION AND ACCESS AGREEMENTS ON PRIVATE PROPERTY PURSUANT TO CONSTRUCTION OF PUBLIC WORKS PROJECTS
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EXECUTIVE SUMMARY
Adoption of the proposed resolution would authorize the City Engineer to execute temporary access agreements with private property owners on behalf of the City, when such access is required to complete public works projects adjacent to that private property. These agreements are only intended for use during construction, do not to run in perpetuity, do not require a certificate of acceptance, and do not allow any exchange of money. The form of the agreement is attached as a template and has been approved by the City Attorney's office.
The intent of the authorization is to support timely project delivery without the need to bring a specific agreement to the City Council for approval. The City Council previously provided this signature authorization on December 5, 2017, relying on a 1992 resolution (City Council Resolution 7510) allowing the City Engineer to accept property rights (land conveyances) on behalf of the City. However, the reliance upon the land conveyance doctrine in Resolution 7510 leaves an open question about the need to record these temporary agreements with the County Recorder. The recordation process can significantly delay projects, contrary to the intent of the City Council's 2017 authorizing action.
Recent changes to the City Charter allow the City Council to designate signatories for agreements on behalf of the City. Therefore, staff recommends adoption of the attached Resolution based on language in the revised City Charter rather than the 1992 Resolution. Adoption of the proposed Resolution would maintain the authority previously granted to the City Engi...
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