HomeMy WebLinkAbout04.a. Review draft Position Paper to consider changes to Board Policy (BP) 037 - Delegation of Authority to General Manager to explicitly authorize the General Manager to execute license agreements for real property Page 1 of 4
Item 4.a.
CENTRAL SAN BOARD OF DIRECTORS
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POSITION PAPER
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DRAFT
MEETING DATE: OCTOBER 5, 2021
SUBJECT: REVIEW DRAFT POSITION PAPER TO CONSIDER CHANGES TO BOARD
POLICY(BP) 037 - DELEGATION OFAUTHORITYTO GENERAL MANAGER
TO EXPLICITLYAUTHORIZE THE GENERAL MANAGER TO EXECUTE
LICENSE AGREEMENTS FOR REAL PROPERTY, EXPAND THE GENERAL
MANAGER'S AUTHORITYTO GRANT RIGHTS OF ENTRYAND APPROVE
RESTORATION AGREEMENTS, ENCROACHMENT PERMITS, LICENSES,
REAL PROPERTYAGREEMENTS, AND SIMILAR DOCUMENTS
AFFECTING ACCESS TO OR USE OF REAL PROPERTY IF SUCH GRANT
DOES NOT REASONABLY RESTRICT OR IMPAIR THE CARRYING OUT OF
CENTRAL SAN ACTIVITIES
SUBMITTED BY: INITIATING DEPARTMENT:
HEATHER RAMAMURTHY MANAGEMENT ENGINEERING AND TECHNICAL SERVICES-
ANALYST PDS-RATES AND FEES
THOMAS BRIGHTBILL, SENIOR ENGINEER
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
ISSUE
Changes to a Board Policy require the review and approval of the Board of Directors.
BACKGROUND
BP 037 delegates certain authorities to the General Manager, including Section 6 which describes
delegated authorities for easements, leases, and other real property instruments.
BP 037 currently delegates the authority to "purchase or otherwise obtain rights of entry and approve
restoration agreements, encroachment permits, licenses, real property agreements, and similar
documents." The proposed changes would explicitly add licenses to the list (Attachment 1).
The proposed changes would allow the General Manager to grant those same real property instruments
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as currently allowed, provided that such grants would not "reasonably restrict or impair the carrying out of
Central San activities."
The proposed changes would expand the title of subsection b. to include encroachment permits and
licenses, which better reflects the authorities contained in that subsection.
Finally, the proposed changes would expand the the title of Section 6 to include "other Real Property."
ALTERNATIVES/CONSIDERATIONS
The Board of Directors could decline to make some or all of the proposed revisions.
FINANCIAL IMPACTS
None.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed this matter at its meeting on October 5, 2021 and recommended
RECOMMENDED BOARD ACTION
Approve the proposed changes to Section 6 of Board Policy (BP) 037 - Delegation ofAuthority to
General Manager.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service
ATTACHMENTS:
1. BP 037 Section 6 proposed changes (redline)
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BP 037 Section 6 Proposed Changes
6. Easement Acquisitions,a-R4 Leasing, and other Real Property
a. Acquisition of Easements.The General Manager is authorized to negotiate for grants of
easements or offers of dedication and, where required, purchase easements and offers
of dedication in favor of Central San.This delegation is limited to easement acquisitions
or exchanges in amounts up to$200,000 each when easement acquisitions are included
in project budgets. Easement acquisitions or exchanges valued in excess of$200,000
require separate Board action.The General Manager shall also be authorized to prepare
the documentation as may be required for recording the property rights with the
County Recorder's Office, and to take other such action as may be required to
implement the acquisition of said easements and offers of dedication.The General
Manager will provide periodic reports to the Board on such purchases and expenditures.
However,the Board shall retain the sole power to accept by resolution any and all
easements and offers of dedication received by Central San. After acceptance of an
easement or dedication by the Board, the General Manager shall have the authority to
record said easements and offers of dedication for the purpose of providing legal notice
of Central San's acceptance and the property rights contained therein.
b. Rights of Entry, Encroachment Permits, Licenses, etc.€#&The General Manager is
authorized to purchase or otherwise obtain rights of entry and approve restoration
agreements, encroachment permits, licenses, real property agreements, and similar
documents affecting access to or use of real property deemed necessary or prudent for
the carrying out of Central San activities. If recording of any such documents is required
to create permanent rights and legal notice with regard to such real property matters,
such documents will require Board approval for formal acceptance and authorization to
record.
The General Manager is authorized to grant rights of entry and approve restoration
agreements, encroachment permits, licenses, real property agreements, and similar
documents affecting access to or use of real property if such grant does not reasonably
restrict or impair the carrying out of Central San activities.
C. Real Property Agreements. Pursuant to Resolution No. 2021-008,the General Manager
is authorized to approve, execute, and record with the County Recorder's Office real
property agreements intended to address any existing and/or proposed Class One
encroachments as well as existing known and unknown Class Two encroachments as
defined by District Code 7. 15. 010.
However,the Board has retained the sole power to approve, execute, and authorize the
recording of any real property agreements related to new Class Two encroachments, as
defined by District Code 7. 15. 010.Any such proposed new Class Two encroachments
shall continue to be presented to the Board for consideration.
d. Funding.The General Manager is authorized to fund the purchase of easements, offers
of dedication, and similar real property-related rights, provided adequate funding is
included in Central San' s Board-approved Capital Improvement Budget.
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e. Lease Agreements.The General Manager, in accordance with the provisions of
Chapter 7. 08 of the District Code, is authorized to execute agreements relating to the
leasing out of Central San property which has been declared by the Board after a public
hearing as not needed for Central San's operations for the period covered by the lease
term.
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