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Home My Public Portal AboutResolution - 02-01- 20020116 - Richmond Settlement Purch RESOLUTIONS: January - December, 2002 No. Mtg. Date Description 02-01 01-16-02 Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Approval of Settlement Agreement and Mutual General Release, Approval of the Purchase Agreement and Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction l Sereno Open Space Preserve—Lands of Richmond) 02-02 1-16-02 ... Approving the Application for Grant Funds for the California Heritage Fund Grants Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 -Midpeninsula Regional Open Space District Seismic Upgrade of the Wine Ey Building at Picchetti Ranch Open Space Preserve 02-03 1-16-02 ... Support for Proposition 40: The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protections Bond Act of 2002 02-04 1-16-02 ... Declaring that District Volunteers are Deemed to be District Employees for Purposes of Workers' Compensation Insurance Pursuant to State Labor Code §3361.5 and §3363.5 02-05 1-16-02 ... Adopting a Statement of Investment Policy and Authorizing the Controller to Invest Su!plus Funds Allowed by Government Code 02-06 2-27-02 ... Amending the Conflict of Interest Code 02-07 3-27-02 ... Adopting Budget for Fiscal Year 2002-2003 02-08 3-27-02 ... Approving Execution of the Joint Powers Agreement Creating California Joint Powers Insurance Authority, and Further Approving Participation in its Joint Protection Program Providing Liability Coverage Through Self-Insurance, Loss Pooling, and Excess Insurance 02-09 4-24-02 ... Commending Mr. Skip McIntyre 02-10 4-24-02 ... Authorizing acceptance of Purchase Agreement-Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction(Monte Bello Open Space Preserve— Lands of Ham, Et Al.) 02-11 4-24-02 ... Approving the Application for a Grant from the Land and Water Conservation Fund for El Corte de Madera Creek Open Space Preserve Improved Public Access Proiect 02-12 4-24-02 ... Adopting the ICMA Retirement Corporation Money Purchase Plan and Trust— 401(a) Qualified Retirement Plan 02-13 5-8-02 ... in Recognition of Historic Preservation Week 02-14 5-22-02 ... Electing to Establish a"Deemed"Retirement System Pursuant to Section 2 1 8Q2)6)of the Federal Social Security Act Desiring"Medicare-Only" Coverage 02-15 5-22-02 ... Authorizing Participation in State Disability Insurance for Management Employees, Supervisory Employees and all Other Office Staff 02-16 5-29-02 Altering Existing Ward Boundaries 1 W/Resolutions/Rew1utions 2002 Log.doc RESOLUTIONS: January - December, 2002 i 02-17 5-29-02 ... To Authorize and Approve Self-Insurance of Workers' Compensation for its Employees Through the Self-Insurance and Loss Pooling Program of California Joint Powers Insurance Authority 02-18 5-29-02 ... For a Certificate of Consent to Self Insure Workers' Compensation Liabilities 02-19 6-26-02 ... Authorizing Approval of Settlement Agreement and Mutual General Release, Approval of the Purchase Agreement and Authorizing Officer to Execute Certificates of Acceptance of Grant Deed to District and Quitclaims to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Apropriate to Closing of the Transaction(La Honda Creek Open Space Preserve —Lands of Paulin 02-20 6-26-02 ... Calling an Election and Requesting Elections Consolidated Services—Santa Clara Count 02-21 6-26-02 ... Calling an Election and Requesting Elections Consolidated Services— Santa Cruz Count 02-22 6-26-02 ... Calling an Election and Requesting Elections Consolidated Services— San Mateo County 02-23 6-26-02 ... Authorizing Not Listing Any Unopposed Candidates for Election on the November 5, 2002 Ballots of San Mateo County, Santa Clara County, and Santa Cruz Count 02-24 6-26-02 ... Providing Workers' Compensation Coverage for Certain District Volunteers Pursuant to the Provisions of Section 3363.5 and 3361.5 of the Labor Code 02-25 7-24-02 ... Authorizing Acceptance of Agreement Between the County of Santa Clara and Midpeninsula Regional Open Space District for Conveyance of Real Property, Authorizing Officer to Execute Quitclaim Deed with Open Space Restrictions and F L Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction Sierra Azul Open Space Preserve—Lands of County of Santa Clara 02-26 7-24-02 ... Appointing Peace Officer(Jenny Ventura 02-27 8-14-02 ... Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute the Acquisition Funding Agreemet and the Memorandum of Agreement and the Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction Sierra Azul Open Space Preserve—Lands of Daloia 02-28 8-14-02 ... Dedicating Interests in Certain District Lands for Public Open Space Purposes Sierra Azul Open Space Preserve—Lands of Daloia 02-29 9-11-02 ... Honoring the Committee for Green Foothills Upon the Occasion of its 40 Anniversary 02-30 9-11-02 ... Approving the Application for Grant Funds for the Local Agency Grant Program—Fiscal Year 2002-2003 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Following Project: Arroyo Leon Property Acquisition 02-31 9-25-02 ... Approving 2002-2003 Salary Adjustment and Meritorious Pay Award for the General Manager and Approving Amendment to General Manager Employment Agreement 2 MjResolutionslResolutions 2002 L.og.doc I RES%,i,UTI0NS: January - December, 2002 02-32 9-25-02 ... Approving A Salary Adjustment and Meritorious Pay Award for District General Counsel and Approving an Amendment to District General Counsel's Employment Agreement 02-33 10-23-02 ... Honoring the Marin County Open Space District Upon the Occasion of its 30,b Anniversary 02-34 9-25-02 ... Honoring Mt. L. Craig Britton Upon the Occasion of His 25th Anniversary with the District 02-35 10-23-02 ... Honoring the Monterey Peninsula Regional Park District Upon the Occasion of A its 3 Anniversary 02-36 10-23-02 ... Supporting Proposition 50 on the November 5, 2002 Statewide Ballot 02-37 11-13-02 Commendingthe Honorable Joe Simitian 02-38 11-13-02 ... Honoring and Commending State Senator Byron Sher 02-39 11-13-02 ... Honoring and Commending Peninsula Open Space Trust on the Occasion of its 25h Anniversary 02-40 11-13-02 ... Authorizing Acceptance f Purchase Agreement, Authorizing Officer to Execute Certificates of Acceptance of Grant Deed, Quitclaim Deed to District, Execute Grant Deed, Quitclaim Deed and Grant of Right of First Offer and Right of First Refusal and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Skyline Ridge Open Space Preserve—Lands of Cummings) 02-41 12-11-02 ... Appointing Director—Ward I of the Board of Directors of the Midpeninsula Re ionalOpen Space District (P. Siemens) 02-42 12-11-02 ... Appointing Director—Ward 2 of the Board of Directors of the Midpeninsula Regional Open Space District(M. Davey) 02-43 12-11-02 ... Appointing Director—Ward 5 of the Board of Directors of the Midpeninsula Regio al Open S2ace District (N. Hanko) 02-44 12-11-02 ... Declaring and Certifying the Election for Director—Ward 6 of the Board of Directors of the Mid eninsula Regional Open Space District(L. !Laslett) 02-45 12-11-02 ... Appointing Peace Officer(F. Reneau) 02-46 12-11-02 _Appointing Peace Officer(M. Newburn) 02-47 12-11-02 ... Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificates of Acceptance of Grant and Quitclaim Deeds, and Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction(Sierra Azul Open Space Preserve—Lands of the CHY Company) 02-48 12-11-02 ... Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Execute Reservation of Conservation Easement and Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction(Sierra Azul Open Space Preserve—Lands of POST) 02-49 12-11-02 ... Dedicating Interests in Certain District Lands for Public Open Space Purposes 02-50 12-11-02 ... Ado in Amendments to the Budget for Fiscal Year 2002-2003 3 MIResolutions/Resolutions 2002 Log.doc RESOLUTION NO. 02-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE, APPROVAL OF THE PURCHASE AGREEMENT AND AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE - LANDS OF RICHMOND) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby approve the Settlement Agreement and Mutual General Release, and the Purchase Agreement between Gregory J. and Debbie L. Richmond and the Midpeninsula Regional Open Space District, copies of which are attached hereto and by this reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreements on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction and implementation of the Settlement Agreement and Mutual General Release. Section Four. The General Manager of the District is authorized to expend up to $5,000.00 to cover the cost of title insurance, escrow fees, survey costs and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreements and documents which do not involve any material change to any term of the Agreements or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$175,000.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. * * * * * * * * * * * * * RESOLUTION NO. 02-01 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 16, 2002, at a regular meeting thereof, by the following vote: AYES: D. LittPe, K. Nitz, P. Siemenz, N. Hank.o, L. Has6ett, M. Davey, J. Cyn NOES: none ABSTAIN: none ABSENT: none ATTEST: APPROVED: L2 Secret President Bo d of Directors Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Distri erk