HomeMy Public PortalAboutResolution - 03-28- 20030813 - GM Authority Claims RESOLUTION NO. 03-28
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
M[DPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING THE GENERAL MANAGER TO APPROVE,
SETTLE, OR DENY LEGAL CLAIMS TO EXECUTE ALL
NECESSARY DOCUMENTS TO RESOLVE SUCH CLAIMS,
AND TO APPROVE AMENDMENTS TO PERMITS TO
ENTER DISTRICT PROPERTY
WHEREAS, in the normal course of District business, there may be occasions when a
person or entity will make a Legal Claim against the District for money and when the District
makes a Legal Claim against a third party for compensation; and
WHEREAS, it is in the best interests of the District for the General Manager to have the
authority to promptly compromise, settle, approve, or resolve disputes or Legal Claims, including
Legal Claims which involve claims for compensation by or against the District not exceeding
twenty-five thousand dollars($25,000)in value; and
WHEREAS, in the normal course of District business, there are occasions when the Board
issues a permit to a government agency or third party to enter District real property to perform
certain physical work thereon; and
WHEREAS, the Board of Directors determines that it is necessary and convenient for the
purposes of the District that the General Manager be authorized to approve amendments of a
minor nature to such permits to enter District property; and
WHEREAS, Section 5538 of the Public Resources Code authorizes the Board of
Directors to fix the duties of the General Manager; and
WHEREAS, Section 5541 of the Public Resources Code authorizes the Board to do all
things necessary and convenient in order to control, operate, and maintain its open space
preserves; and
WHEREAS, Section 5549(b) of the Public Resources Code authorizes the Board to
delegate to the General Manager the authority to enter into contracts for services, supplies,
materials, and labor not exceeding the amounts set forth therein; and
WHEREAS, the Board of Directors determines that it is necessary and convenient for the
efficient operation of the day-to-day activities of the District that the General Manager have the
authority described in this Resolution.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
A. LEGAL CLAIMS
The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly
authorizes and delegates to the District's General Manager the authority to perform any acts
required to consider, deny, allow, compromise, or settle Legal Claims of any kind or nature
brought by the District or brought against the District that do not exceed twenty-five thousand
dollars($25,000)in value.
The General Manager shall report to the District's Board of Directors at its next regular meeting
any action taken to consider, deny, allow, compromise, or settle such Legal Claims.
B. AMENDMENTS TO PERMITS TO ENTER
The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly
authorizes and delegates to the District's General Manager the authority to approve minor
amendments to permits to enter District property to third parties that have been previously
approved by the Board of Directors, provided the following criteria are met:
1. The amendment is minor and there is no significant change in the area, scope, or
type of work to be undertaken by the Permittee.
2. The work shall be done in such a way as to minimize damage to District land, shall
be conducted in full compliance with the Resource Management policies and Land Use
Regulations of the District, impacts shall be fully mitigated and the land restored to its prior
condition upon completion; and.
3. The form of the Amendment to the Permit to Enter is approved by District General
Counsel.
The General Manager shall report to the District's Board of Directors at its next regular meeting
any permit amendment approved by the General Manager pursuant to this Resolution.
C. Resolution Number 9945 adopted on November 17, 1999 is repealed in its entirety.
i
RESOLUTION NO. 03-28
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on August 13, 2003, at a Regular Meeting thereof, by the following vote:
AYES: N. Hanko, M. Davey, J. Cyt, L. Haazett, P. S.iemen.5, K. N.ctz
NOES: None
ABSTAIN: N o vt e
ABSENT: D. Litt.2e
ATTEST: APPROVED:
S?ard
esident
B 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.
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