CC RESOLUTION 4462RESOLUTION NO. 4462
A RESOLUTION DELEGATING AUTHORITY TO THE
DIRECTOR OF PLANNING AND BUILDING SAFETY TO
RECORD NOTICES OF COMPLETION PURSUANT TO CIVIL
CODE § 3184.
The City Council of the city of El Segundo resolves as follows
SECTION 1 The City Council finds and declares as follows
A Under California law, subcontractors on a public works project may serve the
City with a stop notice to ensure that they are paid for their work If such stop
notices are timely filed, the City has a duty to withhold sufficient money from the
general contractor in order to pay the claim and any reasonable costs of litigation,
B To be effective, stop notices must be served on the City either within thirty (30)
days after the City records a notice of completion or, if a notice of completion is
not filed, within ninety (90) days after the project is deemed complete,
C A public project is deemed complete either when the project is accepted by a
public entity or work ceases for thirty (30) days,
D The Residential Sound Insulation ( "RSI') Program is operated and managed, in
large part, like a public works project Although the Program seeks to improve
private property, it is in the public interest for construction projects associated
with the Program to be bid in accordance with the El Segundo Municipal Code
(`SSMC ") and Public Contracts Code ( "PCC ") to the extent practicable
Accordingly, most of the procedural requirements for public works projects have
been integrated into the RSI Program including, without limitation, form contracts
and specifications that are substantially the same as the City's standard public
works projects
E Were the RSI Program an actual public works project, the City Council would
deem when the project was complete and direct the City Engineer to record a
notice of completion ( "NOC ") Because the RSI Program is unique, however, the
City Council believes that determining whether phases of the overall Program,
i e, RSI improvements performed on private property, is a ministerial task best
delegated to the Director of Planning and Building Safety
F Further, it is in the public interest for the City to make final payments on a RSI
projects as expeditiously as is practical in order to honor its contractual
obligations to the general contractor and limit the City's exposure to any
additional liabilities,
G Accordingly, delegating authority to the Director of Planning and Building Safety
to record NOCs as they relate to the RSI Program will help ensure that such
notices are recorded promptly and avo,u unnecessary delays
SECTION 2 The Director of Planning and Building Safety, with City Manager
approval, is authorized to record notices of completion, in a form approved by the City
Attorney, pursuant to Civil Code § 3184.
SECTION 3 The Director of Planning and Building Safety is directed to inform the
City Council regarding the recordation of a notice of completion as soon as practicable
but not later than thirty (30) days after such recordation Failure to inform the City
Council within this time period will not invalidate the notice of completion
SECTION 4 This Resolution will become effective immediately upon adoption
Attest
Cindy Mortesen, City
Approved as to
Mark D HensN
M
PASSED AND ADOPTED day of
McDowell,
H. Berger, Assi§ ant City Attorney