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HomeMy WebLinkAboutR 2025-071RESOLUTION NO. 2025-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DELEGATING AUTHORITY TO ACCEPT GRANTS 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; 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 certainty that there is no possibility that this activity may have a significant effect on the environment, the activity is not subject to CEQA. 65501.00014\44272638.2 RESOLUTION NO. 2025-071 PAGE 2 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 Guthrie, seconded by Council Member Maraviglia, and by the following roll call vote, to wit: AYES: Council Members Guthrie, Maraviglia, Loe, Secrest, and Mayor Russom NOES: None ABSENT: None The foregoing Resolution was approved this 14th day of October, 2025 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 RESOLUTION NO. 2025-071 PAGE 3 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 the entity upon behalf of whic h 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 OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 2025-071 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 14th day of October, 2025. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th day of October, 2025. JESSICA MATSON, CITY CLERK