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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: October 14, 2003

Subject/Title: Approve a Resolution amending Resolution No. 99-170 authorizing the City Manager or the City Engineer to accept all interests in real property

Submitted by: City Attorney: Dennis Beougher
Engineering: B. Grewal/M. Kirby/M. Sullivan

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the City Manager or the City Engineer to accept on the City Council’s behalf all interests in real property.

PREVIOUS ACTION
On July 13, 1999, by Resolution No. 99-170, the City Council authorized the City Clerk to accept on the City Council’s behalf certain interests in real property.

BACKGROUND
The Right of Way Division of the Engineering Department continues to find each day minor property issues that need City signatures in the nature of accepting an easement or fee interest for a public purpose (i.e.: Offers of Dedications). In each case these actions were in response to approvals given by the City Council and do not constitute independent or separate items (i.e.: approved Development Agreements, Subdivision Maps, CIP Projects, authorization directing City Manager to negotiate in an amount not to exceed, etc.).

Sometime has passed since the authorization was given to the City Clerk to accept certain interests in real property to expedite processing minor property issues. The original resolution authorized limited acceptance of minor real property interests valued not to exceed $5,000.00, which was based upon the fair market value of property at that time. Current property values have doubled or tripled since then. Due to this increase in property values, the Council is being over-burden with many unnecessary minor acquisition acceptances.

In order to continue the effort to increase efficiency, we are asking that the City Manager or the City Engineer be authorized to accept all interests in real property.

FISCAL IMPACT
Time value gain due to staff efficiency, which results in increased productivity.

Attachments:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER OR THE CITY ENGINEER TO ACCEPT ON THE CITY’S BEHALF ALL INTERESTS IN REAL PROPERTY.

WHEREAS, Government Code Section 27281 provides that instruments conveying an interest in real property to the City may not be recorded without a Certificate of Acceptance from the City Council; and

WHEREAS, Government Code Section 27281 also provides that the City Council may, by a general resolution, authorize one or more officers to accept instruments conveying an interest in real property by executing a Certificate of Acceptance; and

WHEREAS, the City Council desires to delegate to the City Manager or the City Engineer the authority to accept all real property interests on behalf of the City “Offers of Dedication”, “Rights of Entry” and “Minor Property Acquisitions”. Offers of Dedication are defined as the conveyance of real property for public use as an outright donation, in exchange for the granting of any land use entitlement by the City (such as subdivision maps, building permits or zone changes) or to satisfy mitigation requirements resulting from an environmental review. Rights of entry are possessory interests in real property whereby the City is authorized, for a short duration and for a limited purpose, to enter upon real property and engage in work for the public benefit. Minor property acquisitions are defined as negotiated acquisitions not under the threat of eminent domain for minor real property interest in the nature of an easement or fee interest for a public purpose.

NOW THEREFORE, the City Council of the City of Brentwood does hereby resolve that:

1. The City Manager or the City Engineer may accept on behalf of the City Council all rights of entry so long as each right of entry is memorialized in a written document signed by the property owner.

2. The City Manager or the City Engineer may accept on behalf of the City Council Offers of Dedication of an easement, right of way or fee interest in real property so long as each offer is evidenced by a written instrument signed by the offering property owner.

3. The City Manager or the City Engineer may accept on behalf of the City Council all property acquisitions of an easement or fee interest in real property so long as a written instrument is signed by the seller.

4. The City Manager or the City Engineer may accept on behalf of the City Council all other interest in real property, not stated in Paragraphs 1, 2 and 3 above, in accepting all subdivision map offers of dedication.

5. The City Clerk shall utilize the Certificate of Acceptance attached hereto as Exhibit “A” and record the Certificate along with the instrument conveying the offer of dedication or minor property acquisition with the County Recorder.

6. Prior to accepting any offer of dedication, right of entry or minor property acquisition the City Attorney shall ensure the document or instrument is in a legally acceptable format.

7. The City Clerk shall not separate or divide real property interests into several, separate interests in order to achieve a delegable right of entry, offer of dedication or minor property acquisition hereunder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of October 2003 by the following vote:

Exhibit “A” Resolution No. _____________

CERTIFICATE OF ACCEPTANCE
OF
AN INTEREST IN REAL PROPERTY
BY
THE CITY OF BRENTWOOD
(Governmental Code Section 27281)

This is to certify that the interest in real property conveyed by the instrument dated _______________ from __________________to the City of Brentwood, a general law city in the State of California, and is hereby accepted by the City Manager or the City Engineer pursuant to the authority of the City Manager or City Engineer to accept offers of dedication conferred by City Council Resolution No. __________ adopted on October 14, 2003. The City further consents to its recordation.

ACCEPTED:

Date City Manager

OR


Date City Engineer
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov