Administrative
Report
H.11., File # 24-1521 Meeting Date: 9/17/2024
To: MAYOR AND CITY COUNCIL
From: ANDREW WINJE, PUBLIC WORKS DIRECTOR
TITLE
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2409-080, A RESOLUTION REPEALING RESOLUTION NO. CC-1101-419 OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH,
CALIFORNIA, APPROVING A RESOLUTION ORDERING THE VACATION OF SURPLUS
PORTIONS OF THE PUBLIC RIGHT-OF-WAY OF DIAMOND STREET AND FLAGLER LANE
EXECUTIVE SUMMARY
Pursuant to the provisions of Division 9, Part 3, Chapter 3 of the Streets and Highways Code of the State of California, surplus portions of the public right-of-way may be vacated to the adjacent property owners. On January 18, 2011, the City Council adopted Resolution No. CC-1101-419 ordering the vacation of the surplus portions of the public right-of-way of Diamond Street and Flagler Lane, located along the southeasterly property line of the Beach Cities Health District (BCHD).
Resolution No. CC-1101-419 was recorded as Instrument No. 20110181224 of Official Records in the Recorder’s Office of Los Angeles County.
The adjacent property owner, BCHD, recently completed a process to perfect/accept the vacation, and discovered that two bearings in the legal description of the vacated property were incorrectly described in Resolution No. CC-1101-419, resulting in a boundary of the vacated property that does not physically close. Repealing Resolution No. CC-1101-419 and adoption of this proposed amendment will correct the legal description of the surplus property so that the vacated area will reflect the proper closure and allow BCHD to perfect the vacation of this surplus property as initially intended. The Resolution is necessary to eliminate discrepancies in the legal description of the portion of right of way that was vacated in 2011.
BACKGROUND
In compliance with the requirements of Section 65402(a) of the Government Code of the State of California, the Planning Commission reviewed the proposed vacation and, on November 18, 2010, adopted Resolution No. 2011-11-PCR-039, finding the proposed vacation to be in conformance with the City’s General Plan. On December 7, 2010, the City Council adopted Resolution No. CC-1012- 403, declaring its intent to vacate the surplus portions of the public right-of-way and set a public hearing on Tuesday, January 18, 2011, to hear public input to the vacation of said surplus portion of the public right-of-way. The City Council found that hearing notices for the proposed vacation were published and posted in the manner and form required by law, that the hearing was duly held, and that all persons present and interested in the matter were heard. Following these findings, the
H.11., File # 24-1521 Meeting Date: 9/17/2024
hearing was closed.
After the public hearing on January 18, 2011, the City Council adopted Resolution No. CC-1101-419 ordering the vacation of surplus portions of the public right-of-way of Diamond Street and Flagler Lane. The City Clerk then provided a certified copy to be recorded with the Recorder’s Office of Los Angeles County. On February 2, 2011, the Resolution was recorded as Instrument No. 20110181224 of Official Records. Upon acceptance of the vacation, the title of the vacated property then reverted to the BCHD free from public easement for street purposes, otherwise called perfection.
The BCHD recently attempted to “perfect” the vacated property, at which time it was discovered that two bearings in the legal description were incorrectly described within Resolution No. CC-1101-419, resulting in a boundary that did not close. Due to this error, BCHD was unable to perfect the vacation and accept responsibility for the area. As such, the City seeks to amend the legal description of the surplus property by repealing Resolution No. CC-1101-419, correcting the legal description, and providing a certified copy of the Resolution to be recorded with the County Recorder of Los Angeles County. BCHD will then perfect the vacation of this surplus property, finalizing their responsibility in this process.
COORDINATION
Public Works Department staff coordinated preparation of the Resolution with the City Attorney’s Office and will coordinate recordation of the Resolution with the County Recorder of Los Angeles County and the City Clerk’s Office.
FISCAL IMPACT
There is no fiscal impact associated with this item.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Reso - No. CC-2409-080
· Reso - No. CC-1101-419, January 18, 2011