REPORT TO THE CITY COUNCIL
October 30, 2014
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
CRAIG L. HANSEN, Supervising Real Estate Agent
Public Works Department, Real Estate Services Section
BY: PETE CALDWELL, Senior Real Estate Agent
Public Works Department, Real Estate Services Section
SUBJECT
Title
***RESOLUTION - Granting authority to the Public Works Director or designee to sign routine right-of-way agreements where the cost will not exceed $10,000 to acquire property that has been previously approved and funded either through the adopted fiscal budget or by separate prior City Council approval (All Council Districts)
Body
RECOMMENDATION
Staff recommends the Council adopt the attached resolution granting authority to the Public Works Director or designee to sign routine right-of-way agreements with property owners where the costs will not exceed $10,000.
EXECUTIVE SUMMARY
From time to time in the course of City's business, the Public Works Department has found it necessary to enter into routine right-of-way agreements with property owners. The routine right-of-way agreements are always associated with a project that has been previously approved and funded either through the adopted fiscal budget or by some prior City Council action. The cost of these routine agreements will not exceed $10,000.
Authorizing the Public Works Director to enter into these types of agreements will expedite the projects and improve overall staff efficiency.
BACKGROUND
Whenever the City has a budgeted project that includes the acquisition of land, a right-of-way agreement is required. This required step will sometimes result in the need for a routine right-of-way acquisition agreement with one or more property owners. A routine right-of-way acquisition is one that does not exceed $10,000. Staff currently brings all acquisitions to Council for review, consideration and approval. Acquisitions from less than $100 to in excess of $1,000,000 are either put on the City Council agenda as a consent calendar item or general administration depending on the value of the acquisition.
As stated above, the agreements are routine and will be more efficiently processed if authority is given to the Public Works Director. This will save time and eliminate the need of having to bring each and every agreement to the Council for consideration and approval.
The routine acquisition agreements that would fall under this resolution are (1) partial acquisition by easement deed (2) fee simple full acquisitions by grant deed, and (3) compensation to the property owner will not exceed $10,000.
All agreements shall be reviewed and approved as to form by the City Attorney's Office prior to being presented to the Public Works Director for signature.
ENVIRONMENTAL FINDINGS
This legislative action is not subject to CEQA. Individual acquisitions entered pursuant to this Resolution may be subject to CEQA and/or assessed as part of a larger project.
LOCAL PREFERENCE
N/A
FISCAL IMPACT
Granting authority to the Public Works Director to enter into and sign routine right-of-way agreements with property owners will not impact the General Fund. All projects requiring these types of agreements will have to either have been funded through the Capital Improvement Budget or funded by a prior City Council Action.
Attachment: Resolution