HomeMy WebLinkAboutCA Grant Deed Acceptance AuthorityCITY OF Agenda Item No: 4
n, 1 Meeting Date: April 18, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by: Lisa Goldfien, City Manager Approval •.
Deputy City Attorney II
SUBJECT:
A Resolution of the City Council of the City of San Rafael Authorizing the Mayor and City Manager,
Individually, to Accept Grants of Interests In Real Property on Behalf of the City.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution.
BACKGROUND:
Occasionally the City receives grants of real property, or easements over real property, for public
purposes. This often occurs during construction of public works, when the City has need for temporary
and permanent easements, or to purchase small pieces of private property to widen or realign City rights-
of-way. In order for these real property conveyances to be recorded in the official records of the County,
the City must formally "accept" them and provide evidence of such acceptance, in the form of a
Resolution or a "Certificate of Acceptance", to the County Recorder. Historically, acceptance of such
conveyances has occurred by action of the City Council; however the Government Code allows the
Council to delegate this task to an officer or agent of the City.
ANALYSIS:
On August 16, 2010, at the request of the Public Works Director, the City Council adopted Resolution No.
13025, authorizing either Mayor Boro or then -City Manager Ken Nordhoff, while serving in their respective
positions, to accept real property conveyances on behalf of the City, and to sign the required Certificate of
Acceptance for purposes of recording. The purpose of the Resolution was to allow execution of the
necessary Certificate of Acceptance without specific Council action in many cases where time is of the
essence, such as in public works projects, although the Resolution did not preclude the possibility of staff
seeking approval from the City Council in any particular matter.
With the departure of Mr. Nordhoff and the recent appointment of Nancy Mackie as City Manager, staff
has prepared a revised resolution granting the same powers to Mayor Boro and City Manager Mackie.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pal4e: 2
FISCAL IMPACT:
This Resolution will have no direct fiscal impact on the City, but, by avoiding the necessity of City Council
approval of the acceptance of real property conveyances, it may allow certain public works projects to
proceed at a faster pace than would be permitted if specific Council action were required.
OPTIONS:
The City Council may:
Adopt the attached Resolution; or
Decline to adopt the Resolution, and continue the current practice of requiring the City Council to
accept each conveyance of an interest in real property.
ACTION REQUIRED:
Adopt the attached Resolution
ATTACHMENTS:
Proposed Resolution Authorizing the Mayor and City Manager, Individually, to Accept Grants of Interests
In Real Property on Behalf of the City.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR AND CITY MANAGER,
INDIVIDUALLY, TO ACCEPT GRANTS OF INTERESTS IN REAL
PROPERTY ON BEHALF OF THE CITY
WHEREAS, from time to time the City of San Rafael receives, for public purposes, deeds
and other documents granting the City interests in or easements upon real property, which
documents require recordation; and
WHEREAS, California Government Code section 27281 requires that in order for any such
deed or similar document to be recorded, it must be accompanied by evidence of the City's
acceptance of the document and consent to its recordation, which may be in the form of a duly
executed "Certificate of Acceptance" attached to and recorded with the document; and
WHEREAS, pursuant to Government Code section 27281, the City Council may authorize
one or more City officers or agents to sign such Certificates of Acceptance on behalf of the City of
San Rafael;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael
that so long as they continue in their current office or position with the City, the following persons
shall each be authorized, on behalf of the City of San Rafael, to accept deeds and similar documents
granting to the City any interest in or easement upon real property, to execute Certificates of
Acceptance thereof, and to record the same:
1. Mayor Albert J. Boro; or
2. City Manager Nancy Mackle
I, Esther C. Beirne, Cleric of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City Council held on the , by the following vote to wit:
AYES: Councilmembers
NOES: Councilmembers:
ABSENT: Councilmembers:
ESTHER C. BEIRNE, City Cleric