HomeMy WebLinkAboutCC 2025-10-14_09f Easement Acceptance on behalf of City CouncilItem 9.f.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Director of Public Works
BY: Shannon Sweeney, City Engineer
SUBJECT: Easement Acceptance on Behalf of City Council
DATE: October 14, 2025
RECOMMENDATION:
1) Adopt a Resolution delegating authority to accept grants of easements to the City
Manager or authorized designee, for easements that cost up to the City Manager’s
purchasing authority for public projects; and
2) Find that this action is exempt from the California Environmental Quality Act (“CEQA”)
because it is not a project pursuant to State CEQA Guidelines section 15378(b)(5) as an
organizational and administrative activity of government and pursuant to State CEQA
Guidelines sections 15060(c)(2) and 15061(b)(3) because it will not result in a direct or
reasonably foreseeable physical change in the environment.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no fiscal impact resulting from the acceptance of most easements. Some
easement purchase or maintenance costs are associated with the improvements existing
or constructed in the easements; however, these costs are already factored into the
budgets associated with these projects. Easements whose costs exceed the City
Manager’s purchasing authority for public projects will be brought to the Council for action.
Even where the cost of an easement does not exceed the City Manager’s purchasing
authority, the proposed Resolution will grant the City Manager the discretion to bring the
item to Council when the offered easement may create a significant maintenance burd en
on the City.
BACKGROUND:
Currently, all easements dedicated to the City are presented to Council for formal
acceptance. Other jurisdictions have taken advantage of California Government Code
section 27281(b),1 which provides that a governmental agency may authorize one or
more of its officers or agents to accept and consent to deeds or grants conveying an
1 https://codes.findlaw.com/ca/government-code/gov-sect-27281/
Page 175 of 353
Item 9.f.
City Council
Easement Acceptance on Behalf of City Council
October 14, 2025
Page 2
interest in or easement upon real estate for public purposes . For instance, the City of
Paso Robles passed such a resolution on January 19, 20212, and amended that
resolution on September 16, 20253, modifying the authority granted to its City Manager
to accept easements. Now, easements may be accepted by the City Manager when the
cost of the easement is less than the City Manager’s purchasing authority, unless such
easement creates a significant maintenance burden on the City. Staff recommend a
similar grant of authority in the attached Resolution (Attachment 1).
ANALYSIS OF ISSUES:
Public improvements, such as road widening and utility installation, at times, require
easements from private landowners to ensure orderly development . The City also
occasionally acquires temporary easements for construction access.
Currently, all easements dedicated to the City are presented to Council for formal
acceptance. The easement acceptance process can be time-consuming and may delay
private projects from obtaining permits and certificates of occupancy. In addition, formal
easement acceptance uses valuable staff time for staff report pr eparation.
California Government Code section 27281(b) provides that a governmental agency may
authorize one or more of its officers or agents to accept and consent to deeds or grants
conveying an interest in or easement upon real estate for public purpos es. Delegation
speeds project permitting and issuance of a certificate of occupancy, optimizes available
staff time, and streamlines the easement acceptance process.
The Resolution would delegate the City Council’s authority t o accept easements to the
City Manager or their designee for easements that cost less than or equal to the City
Manager’s purchasing authority for public projects ($200,000). Easements that require
expenditure of City funds in excess of the City Manager’s purchasing authority for public
projects would still be brought to Council for acceptance. The Resolution also grants the
City Manager discretion to bring an offer of an easement within the City Manager’s
purchasing authority to Council if accepting the easement could create a significant
ongoing maintenance burden on the City. Modifying the current process will allow the City
to streamline the acceptance of easements.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Delegate easement acceptance authority to the City Manager or authorized
designee, for easements that cost up to an amount equal to the City Manager’s
purchasing authority for public projects ($200,000);
2. Delegate easement acceptance authority to the City Manager at a lower dollar
threshold;
2https://www.prcity.com/DocumentCenter/View/30868/January-19-2021-City-Council-Agenda-Item-11-
PDF
3 https://pub-pasorobles.escribemeetings.com/filestream.ashx?DocumentId=10094
Page 176 of 353
Item 9.f.
City Council
Easement Acceptance on Behalf of City Council
October 14, 2025
Page 3
3. Do not delegate easement acceptance authority to the City Manager or authorized
designee, including those requiring City funds to acquire up to an amount up to the
City Manager spending authority for public projects; or
4. Provide other direction to staff.
ADVANTAGES:
Delegating easement acceptance authority will benefit both the City and developers by
expediting easement acceptance, thereby streamlining project construction and
completion. Streamlining acceptance authority will also reduce staff time spent on
projects, which will enable that time to be spent on higher priorities.
DISADVANTAGES:
Easement acceptances would be processed administratively by staff below the dollar
threshold set by Council.
ENVIRONMENTAL REVIEW:
The proposed action is exempt from the California Environmental Quality Act (“CEQA”)
because it is not a project pursuant to State CEQA Guidelines section 15378(b)(5) as this
is an organizational and administrative activity of government delegating authority for
easement acceptances. Further, the proposed action is exempt from CEQA pursuant to
State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) because it will not result in
a direct or reasonably foreseeable physical change in the environment; and the activity is
covered by the general rule that CEQA applies only to projects which have the potential
for causing a significant effect on the environment. Delegating easement authority is not
an authorization for any development or construction. Thus, it can be seen with certa inty
that there is no possibility that this activity may have a significant effect on the
environment, the activity is not subject to CEQA.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Resolution with Exhibit A – Acceptance of Offer to Dedicate
Page 177 of 353
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE DELEGATING AUTHORITY TO ACCEPT GRANT S OF
EASEMENTS TO THE CITY MANAGER OR AUTHORIZED DESIGNEE,
FOR EASEMENTS THAT COST UP TO THE CITY MANAGER’S
SPENDING AUTHORITY FOR PUBLIC PROJECTS
WHEREAS, public improvements often require easements from landowners to ensure
orderly development; and
WHEREAS, currently, all proposed City easements are presented to the City Council for
acceptance; and
WHEREAS, the easement acceptance process takes time and can delay a project from
obtaining permits and certificates of occupancy and uses valuable staff time for report
preparation; and
WHEREAS, California Government Code section 27281 provides that a governmental
agency may authorize one or more of its officers or agents to accept and consent to deeds
or grants conveying an interest in or easement upon real estate for public purposes; and
WHEREAS, delegation speeds projects, increases available staff time, and streamlines
the easement acceptance process.
WHEREAS, easements whose cost exceeds the City Manager’s spending authority for
public projects will be brought to Council for acceptance; and
WHEREAS, all prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby resolve as follows:
1. All recitals above are true, correct, and incorporated herein.
2. The City Council of the City of Arroyo Grande finds that this action is exempt from
the California Environmental Quality Act (“CEQA”) because it is not a project
pursuant to State CEQA Guidelines section 15378(b)(5) as an organizational and
administrative activity of government delegating authority for easement
acceptances. Further, the proposed action is exempt from CEQA pursuant to
State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) because it will not
result in a direct or reasonably foreseeable physical change in the environment;
Page 178 of 353
RESOLUTION NO.
PAGE 2
and the activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment .
Delegating easement authority is not an authorization for any de velopment or
construction. Thus, it can be seen with certainty that there is no possibility that this
activity may have a significant effect on the environment, the activity is not subject
to CEQA.
3. The City Council delegates its easement acceptance authority to the City
Manager, or his authorized designee, for easements that cost less than or equal
to the City Manager’s purchasing authority for public projects. All easements that
require the expenditure of City funds in excess of the City Manager’s spending
authority for public projects will still be brought to the City Council for acceptance.
4. The City Manager may bring the decision to accept an easement that is within the
City Manager’s purchasing authority for public projects to the City Council when,
in the City Manager’s discretion, the easement may create a significant
maintenance burden to the City.
5. The City Manager shall sign the easement acceptance on the City Council’s
behalf, after review by the City Attorney and City Engineer or Capital Project
Engineer.
6. The City Manager or his authorized designee will include , in substantially the
same form, the attached Exhibit “A” – ACCEPTANCE OF OFFER TO DEDICATE
with each signed easement for recordation.
7. This Resolution is effective immediately upon adoption.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 14th day of October, 2025.
Page 179 of 353
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
Page 180 of 353
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF ARROYO GRANDE
300 E. BRANCH STREET
ARROYO GRANDE, CA 93420
Space above this line reserved for the Recorder’s Office
ACCEPTANCE OF OFFER TO DEDICATE
This is to certify that the interest in real property conveyed by the Grant of Easement or Dedication
from ______________________________________ , to the City of Arroyo Grande, a
municipal corporation of the State of California and/or government agency is hereby accepted by
Resolution 25-XXX, adopted by the City Council on MONTH DATE YEAR, and the grantee
consents to recordation thereof by its duly authorized officer.
By: ____ Dated
Matthew Downing, City Manager
ATTEST:
Jessica Matson, City Clerk
-------------------------------------------------------------------------------------------------------------------
ACKNOWLEDGMENT
State of _CALIFORNIA _________ _
ss.
County of _SAN LUIS OBISPO_______
On _______________________, before me, _______________________________________________,
(here insert name and title of the officer)
personally appeared ________________________________ who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their
signature(s) on the instrument the person(s) or t he entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Witness my hand and official seal.
Signature ___________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docu ment
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Matthew Downing, City Manager
Exhibit A
Page 181 of 353