HomeMy WebLinkAboutCA Delegation of Authority to Accept Grants of Real Property____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 09/17/2018
Disposition: Resolution No. 14577
Agenda Item No: 4.b
Meeting Date: September 17, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY ATTORNEY
Prepared by: Lisa Goldfien,
Assistant City Attorney
City Manager Approval: ______________
TOPIC: DELEGATION OF AUTHORITY TO ACCEPT GRANTS OF REAL PROPERTY
SUBJECT: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ACCEPT
GRANTS OF INTERESTS IN REAL PROPERTY ON BEHALF OF THE CITY OF SAN
RAFAEL
RECOMMENDATION:
Adopt the attached resolution authorizing the Mayor and City Manager to accept grants of interests in
real property on behalf of the City of San Rafael.
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 to the County Recorder,
in the form of a Resolution or a “certificate of acceptance”.
ANALYSIS:
While the City Council may adopt a resolution or approve a Certificate of Acceptance for each individual
conveyance, State law allows the City Council to adopt a resolution delegating this task to one or more
officers or agents of the City.
Staff recommends that the City Council adopt the attached resolution to give the Mayor and City Manager
the authority to accept real property conveyances on behalf of the City, and to sign the required
certificates of acceptance for purposes of recording. This resolution would not preclude the possibility of
staff seeking approval from the City Council for the acceptance of any donation or acquisition of an
interest in real property; however, it would allow execution of the necessary certificate of acceptance
without specific Council action for uncontroversial matters and in cases where time is of the essence,
such as in public works projects.
SAN RAFAEL
THE CITY WITH A MISSION
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
FISCAL IMPACT:
This action 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 specif ic Council action were required.
OPTIONS:
The City Council has the following options to consider on this matter:
1.Adopt the attached resolution as presented;
2.Adopt a modified resolution authorizing different City officers or agents;
3.Do not adopt the resolution, with the result that the City Council will be required to act to accept
each conveyance of an interest in real property.
RECOMMENDED ACTION:
Adopt the resolution
ATTACHMENTS:
1.Resolution of the City Council of the City of San Rafael Authorizing the Mayor and City Manager
to Accept Grants of Interests in Real Property on Behalf of the City of San Rafael
RESOLUTION NO. 14577
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR AND CITY MANAGER TO
ACCEPT GRANTS OF INTERESTS IN REAL PROPERTY ON
BEHALF OF THE CITY OF SAN RAFAEL
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 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 the Mayor and the City Manager are hereby authorized to, and either one individually may,
accept and consent to all deeds and grants conveying an interest in or easement upon real
property to the City of San Rafael for public purposes, and to execute a certificate of acceptance
and consent to record the same.
I, Lindsay Lara, Clerk 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 17th day of September 2018 by the following vote, to wit:
AYES:
NOES:
ABSENT:
Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
Councilmembers: None
Councilmembers: None
LINDSAY LARA, City Clerk