CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: August 1, 2023
SUBJECT: Adoption of Resolution No. 2023-1445, Authorizing the Public Works Director/City Engineer to Accept Property Offered at No Cost to the City and
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2023-1445, authorizing the Public Works Director/City Engineer to accept and consent to the recordation of deeds or grants conveying any interest in or easement upon real property or real estate offered at no cost to the City.
BACKGROUND
Public land conveyances are often necessary to serve land development and capital improvement projects. These conveyances range from park dedications to sidewalk and utility easements dedicated for public use. The number of land development and capital improvement projects occurring within the City of Laguna Niguel that require public land conveyances has been increasing.
Section 27281 of the California Government Code provides that deeds and or grants conveying any interest in or easements upon real property to a government agency, or grantee, for public purposes shall not be accepted for recordation without the consent of the grantee by its certificate of acceptance. As an alternative, the grantee may adopt a resolution authorizing an officer or agent to accept and consent to the recordation of such deeds and grants.
ANALYSIS
Currently, all deeds or grants conveying any interest in or easement upon real property or real estate offered at no cost to the City are accepted by the City Council because a resolution delegating authority does not exist. In order to streamline the administration and delivery of projects, it is recommended that the City Council delegate authority to accept no-cost land or easement dedications to the Public Works Director/City Engineer by adopting Resolution No. 2023-1445 (Attachment "A"). Land or easement dedications that involve payment will continue to be reviewed and considered for acceptance by the City Council.
The recommended action supports City Council Goal 4 (Infrastructure and Technology) and Goal 5 (Economic and Community Development) of the City's adopted Strategic Plan.
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt Resolution No. 2023-1445. This alternative is not recommended as it will result in significant delays in development and City capital improvement projects.
FISCAL REVIEW
There is no fiscal impact as a result of this action.
LEGAL REVIEW
The City Attorney's Office has reviewed the resolution and this report and has approved both documents as to form. The Public Works Director/City Engineer will continue to work closely with the City Attorney's Office on the acceptance and consent to the recordation of deeds or grants conveying interest in or easement upon real property or real estate offered at no cost to the City.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2023-1445, authorizing the Public Works Director/City Engineer to accept and consent to the recordation of deeds or grants conveying any interest in or easement upon real property or real estate offered at no cost to the City.
Jamasa Aetonseem
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
веси
JackiScott Kathy Nguyen
Public Works Director/City Engineer Engineering Services Manager C Herrera
Assistant Civil Engineer
Attachment:
A. Resolution No. 2023-1445
ATTACHMENT A
Resolution No. 2023-1445
RESOLUTION NO. 2023-1445
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AUTHORIZING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ACCEPT
PROPERTY DEDICATED TO THE CITY AND TO THE RECORDATION THEREOF WHEREAS, the City of Laguna Niguel, is a municipal corporation organized and existing pursuant to and under the general laws of the State of California; and WHEREAS, Section 27281 of the Government Code of the State of California provides that deeds and or grants conveying any interest in or easements upon real estate or real property to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its resolution of acceptance or certificate of acceptance pursuant to this resolution authorizing an officer or agent to accept and consent to the recordation of such deeds and grants, attached to or printed on the deed or grant; and WHEREAS, the authority to accept such conveyances should be granted to the Public Works Director/City Engineer by reason of title and responsibility; NOW, THEREFORE, the City Council of the City of Laguna Niguel does hereby resolve as follows:
a) That the Public Works Director/City Engineer of the City of Laguna Niguel is hereby authorized to accept deeds or grants conveying any interest in or easement upon real property or real estate to said city; and
b) That the Public Works Director/City Engineer of the City of Laguna Niguel is hereby authorized to consent to the recordation of deeds or grants conveying any interest in or easement upon real property or real estate offered at no cost to said City, on behalf of the City Council of said city.
c) The City Council finds that the subject activity is not a Project within the meaning of the California Environmental Quality Act (CEQA) Guidelines Section 15378 and is therefore not subject to review under CEQA.
d) The City Clerk shall certify the adoption of this Resolution, which shall become effective immediately upon adoption.
Resolution No. 2023-1445 Page 2
PASSED, APPROVED AND ADOPTED this 1st day of August, 2023.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
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