HomeMy WebLinkAboutReso 1995-18097 RESOLUTION NO. 18097
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CLARIFYING CITY RIGHT-OF-WAY POLICY IN REGARDS
TO THE CITY MANAGER'S OR HIS DESIGNEE'S AUTHORITY TO
SIGN ACQUISITION AGREEMENT(S) AND TO MAKE PAYMENT
FOR RIGHT OF WAY OF UP TO $25,000 FOR EACH PARCEL
ACQUIRED FOR CONSTRUCTION OF BUDGETED PROJECTS
WHEREAS, the City Council and the Redevelopment Agency by Resolution 17413 and
1394, respectively, approved an agreement with Ryals and Associates for property acquisition
services in connection with various capital improvement, economic development, and
redevelopmerit projects and authorized the City Manager/Executive Director or his designee
to sign the acquisition agreements and make payments for right-of-way up to 925,000 for
construction of budgeted projects; and
WHEREAS, the joint Council/Redevelopment Agency statement, read in part:
"Today, however, staff is requesting that Council/Redevelopment Agency authorize the
City Manager/Executive Director, or his designee, to sign and execute acquisition
agreements for property necessary for approved, CIP budget items, where the cost of
acquisition is $25,000 or less and the acquisition process is in accordance with
City/Redevelopment Agency property acquisition guidelines/resolution. The amount
is consistent with authority given by the City Charter to the City Manager for public
works contracts."
WHEREAS, the enabling resolutions, however, read in part as follows:
"Be it further resolved that the City Manager/Executive Director or his designee is
hereby authorized to sign the acquisition agreement(s) and make payments for right-
of-way needed for projects approved in the City's current CIP budget, where the cost
of each right-of-way is less than 925,000 for construction of budgeted projects."
(Underlining added to highlight the difference between the agenda statement and
resolution language).
WHEREAS, the anomaly between the agenda statement and the enabling resolutions
was presented to the City Attorney's Office who opined that clarification of Council's intent
be obtained in order to assure that council's direction is accurately carried out; and
WHEREAS, to facilitate deliberations on this matter, staff would like to point out that
Council, at the time of approval of the CIP, is approving a budget which includes right-of-way
expenses; and
WHEREAS, sometimes, there are several parcels of property involved and the total
right-of-way expenses may be well in excess of $25,000; however, each individual parcel of
property, could be acquired for less than 925,000 which is generally the case in large projects
such as Otay Valley Road, Broadway and Main Street where we have or will be acquiring
rights-of-way from numerous property owners; and
Resolution 18097
Page 2
WHEREAS, it is staff'e recommendation, therefore, that the City Manager/Executive
Director be authorized to approve acquisition agreements and payment for each parcel of
property which is less than $25,000 in value.
NOW, THEREFORE, I~E IT RESOLVED the City Council of the City of Chula Vista does
hereby clarifying City Right-of-Way Policy in regard to the City Manager's or his designee's
authority to sign acquisition agreement(s) and to make payment for right-of-way of up to
~25,000 for each parcel acquired for construction of budgeted projects.
Presented by A/ptO(o ed as t form
Public W~ector City Attorney ,..KX
m 'll T
Resolution 18097
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of November, 1995, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Alevy
Sh ~"t
~~-torton, Mayor
ATTEST:
Beverl~;~j~. Au~helet, Cit~/~ ~:~erl~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18097 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 7th day of November,
1995.
Executed this 7th day of November, 1995.
Beverly Ar.~Authelet, City CI;rk ~