CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/13/2022
1 SUBJECT:
Resolution Authorizing and Designating the City Manager & City Engineer to Accept Interests in Real Property on Behalf of the City
RECOMMENDED ACTION:
Adopt Resolution Authorizing and Designating the City Manager & City Engineer to Accept Interests in Real Property on Behalf of the City
STAFF CONTACT:
Ryan Marquez, P.E., Associate Engineer
(650) 738-3767
[email protected]
Sam Bautista, P.E., Deputy Dir. of Public Works
(650) 738-3767
[email protected]
Kevin Woodhouse, City Manager
(650) 738- 7409
[email protected]
BACKGROUND/DISCUSSION:
Typically, public use easements and right-of-way dedications are dedicated to the City and accepted through Council approved subdivision maps. However, there are times when public use easements or right-of-way dedications are not created through a subdivision map process.
There are times when the City will require these dedications for public use, such as re-routing City owned sewer or storm drainage lines through new public easements, as an example. In those cases, the California Government Code allows the City Council to authorize and designate City staff to accept interests in real property, such as public use easements and rightof-way dedications, through a resolution approved by the City Council. Cities throughout California use this method of accepting such real property interests to help streamline project approvals.
Specifically, California Government Code Section 27281 provides that deeds or grants conveying interests in real property to a governmental agency for public purposes will not be accepted for recording absent a certificate or resolution of acceptance by the governing body of the entity attached to the document. Section 27281 further provides that a governmental agency may, by resolution, designate an officer to accept and consent to such deeds or grants on behalf of the agency. The City of Pacifica anticipates that it will receive transfers of easements and other real property in connection with its activities and wishes to designate the City Manager or the City Engineer as the officer to accept such real property interests on behalf of the City.
Pacifica City Council 2
June 13, 2022
The City Manager recommends approving the attached resolution authorizing and designating the City Manager or City Engineer to accept any public use easements or right-of-way dedications for public use. This will allow projects to be streamlined though the project approvals.
ALTERNATIVE ACTION:
Approval of the resolution allows projects requiring land dedications for public use to be more streamlined. Council may choose not to approve the resolution which will result in delaying projects.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of these actions is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to sea level rise.
The approval of the resolution will allow the City to address infrastructure related issues through acceptance of easements.
FISCAL IMPACT:
There is no fiscal impact to approving the resolution.
ORIGINATED BY:
Engineering
ATTACHMENT LIST:
Pacifica City Council 3
June 13, 2022
RESOLUTION NO. ___-2022
A RESOLUTION OF THE CITY OF PACIFICA AUTHORIZING AND DESIGNATING THE
CITY MANAGER OR CITY ENGINEER TO ACCEPT INTERESTS IN REAL PROPERTY
ON BEHALF OF THE CITY
WHEREAS, California Government Code Section 27281 provides that deeds or grants conveying interests in real property to a governmental agency for public purposes will not be accepted for recording absent a certificate or resolution of acceptance by the governing body of the entity attached to the document;
WHEREAS, Section 27281 further provides that a governmental agency may, by resolution, designate an officer to accept and consent to such deeds or grants on behalf of the agency; and
WHEREAS, the City of Pacifica anticipates that it will receive transfers of easements and other real property in connection with its activities and desires to designate the City Manager or the City Engineer as the officer to accept such real property interests on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that:
1. The City Council hereby approves, authorizes and designates the City Manager or City Engineer, or his or her designee, as the officer to accept conveyances of real property on behalf of the City of Pacifica pursuant to the terms of California Government Code Section 27281.
2. The City Manager or City Engineer, or his or her designee, is authorized to execute certificates of acceptance accepting interests in real property to be recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on 13th of June, 2022, by the following vote:
AYES, Council Members:
NOES, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
Pacifica City Council 4
June 13, 2022
Mary Bier, Mayor
ATTEST:
Sarah Coffey, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney