Item 1.8 - Reso Auth. Certain City Officials to Term Covenants & Other RestrictionsOF POW
�r City of Poway
COUNCIL AGENDA REPORT
C/rY IN THE CO
DATE: May 21, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Chris Hazeltine, City Managero-
CONTACT: Robert Manis, Development Services Director A4
(858) 668-46011 bmanis@poway.org
APPROVED ❑
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
RESOLUTION NO.
SUBJECT: Resolution Authorizing Certain City Officials to Terminate Covenants and
Other Restrictions on Private Property
Summary:
Currently, the City Manager, Assistant City Manager and Director of Development Services have
the authority to accept deeds and grants on behalf of the City of Poway. This includes the
approval and placement of deed covenants and other restrictions on private properties. The
proposed Resolution will give the same three City positions the authority to terminate deed
covenants and other restrictions on private property.
Recommended Action:
It is recommended that the City Council adopt the proposed Resolution (Attachment A)
authorizing the City Manager, Assistant City Manager and Director of Development Services to
terminate covenants and other restrictions on private property.
Discussion:
On April 18, 2017, the City Council adopted Resolution No. 17-007 authorizing the City Manager,
Assistant City Manager and Director of Development Services to accept deeds and grants on
behalf of the City of Poway (Attachment B). This authority also includes the approval of deed
covenants and the placement (recordation) of them on the title of private property. Resolution
No. 17-007 is silent of the authority to terminate a deed covenant or other restriction on private
property. The proposed Resolution will make clear that these same three positions have the
authority to terminate deed covenants and other restrictions on private property when they are no
longer necessary.
Deed covenants are used to memorialize agreed-upon restrictions to be placed on a private
property. They are usually required as a condition of some development approvals to ensure
compliance with various requirements. From time to time, conditions change or the property is
used differently and the deed covenant is no longer applicable. The proposed Resolution will
allow for such a covenant to be terminated by the City Manager, Assistant City Manager, or the
Director of Development Services.
Government Code Section 27281 regulates the acceptance of deeds and grants. This also
includes the placement of deed covenants on private property. This Government Code section
stipulates that a governmental agency may authorize, by resolution, such acceptance by one or
1 of 6 May 21, 2019, Item #1.8
more officers or agents. Likewise, to terminate a covenant or other restriction on private property,
a similar resolution would have to be adopted by the City Council to make clear these same
officers have the requisite authority to ensure that the County Recorder's Office will accept the
termination.
Environmental Review:
The adoption of the proposed Resolution is not subject to CEQA review.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Proposed Resolution
B. Resolution No 17-007
Reviewed/Approved By:
"+ (---—
Wendy aserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
*41:0
Chfis Hazeltine
City Manager
2 of 6 May 21, 2019, Item #1.8
RESOLUTION NO. 19-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING CERTAIN CITY
OFFICIALS TO TERMINATE COVENANTS AND OTHER
RESTRICTIONS ON PRIVATE PROPERTY ON BEHALF OF THE
CITY OF POWAY
WHEREAS, Section 27281 of the Government Code provides that a political corporation
or governmental agency, by resolution, may authorize an officer or agent to accept on behalf of
the political corporation or governmental agency Deeds or Grants conveying any interest in or
easement upon real estate for public purposes and, likewise, to terminate covenants and other
restrictions;
WHEREAS, on April 18, 2017 Poway City Council adopted Resolution No. 17-007
authorizing the City Manager, Assistant City Manager, and Director of Development Services to
accept, on behalf of the City, Deeds or Grants conveying to the City title to or other interest in
real property; and
WHEREAS, the City wishes to allow the City Manager, Assistant City Manager, and
Director of Development Services to terminate covenants and other restrictions on private
property on behalf of the City that were originally accepted or approved by the City Manager,
Assistant City Manager, or Director of Development Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: Persons filling the following staff positions with the City of Poway are
hereby authorized to terminate, on behalf of the City, covenants and other restrictions on private
property in favor of the City:
City Manager
Assistant City Manager
Director of Development Services
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 21 st day of May, 2019 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
3 of 6 Attachment A May 21, 2019, Item #1.8
Resolution No. 19 -
Page 2
ATTEST:
Faviola Medina, CMC, City Clerk
4 of 6 May 21, 2019, Item #1.8
RESOLUTION NO. 17-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING CERTAIN CITY
OFFICIALS TO ACCEPT DEEDS AND GRANTS ON
BEHALF OF THE CITY OF POWAY
WHEREAS, Section 27281 of the Government Code provides that a political
corporation or governmental agency, by resolution, may authorize an officer or agent to
accept on behalf of the political corporation or governmental agency Deeds or Grants
conveying any interest in or easement upon real estate for public purposes;
WHEREAS, on January 20, 1981, Poway City Council adopted Resolution No.
34 authorizing the City Manager, City Clerk and Director of Public Works to accept, on
behalf of the City, Deeds or Grants conveying to the City title to or other interest in real
property; and
WHEREAS, the City wishes to change the positions authorized to accept, on
behalf of the City, Deeds or Grants.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: Persons filling the following staff positions with the City of Poway
are hereby authorized to accept, on behalf of the City, Deeds or Grants conveying to
the City title or other interest in real property:
City Manager
Assistant City Manager
Director of Development Services
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 18th day of April 2017.
Steve Vaus, Mayor
ATTEST:
Nancy&'Ulfelbl, CMC, City Clerk
5 of 6 Attachment B May 21, 2019, Item #1.8
Resolution No. 17-007
Page 2
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. 17-007 was duly adopted by the City
Council at a meeting of said City Council held on the 18th day of April 2017, and that it was
so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
��W ��&y
NancyoNeufeld, CMC, City Clerk
City of Poway
6 of 6 May 21, 2019, Item #1.8