HomeMy Public PortalAboutResolution - 03-36- 20031008 - Amend Rules of Procedure RESOLUTION NO. 03-36
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AMENDING SECTION 2.60 OF THE RULES OF PROCEDURE
WHEREAS, in the course of District business, there are occasions when the District has
an opportunity to acquire real property of low market value, but which has open space value and
whose acquisition is in the best interest of the District; and
WHEREAS, in some cases, these acquisitions require immediate District action to
complete so that there may be insufficient time to agendize the matter for formal Board approval;
and
WHEREAS, in other cases in order for these acquisitions to be accomplished, the District
must act quickly to obtain option to acquire the property; and
WHEREAS, these acquisitions are relatively small and within the statutory authority set
out in Section 5549(b)(2)of the Public Resources Code for the General Manager to expend
District funds and therefore should appropriately be within the authority of the General Manager
to acquire; and
W]HEREAS, the Board of Directors determines that it is necessary and convenient for the
efficient operation of the activities of the District and for it to successfully acquire a system of
open space preserves, that the General Manager have the authority set out in this Resolution.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 2.60 of the Rules of
Procedure of the Board of Directors of the Midpeninsula Regional Open Space District is hereby
amended to read as follows:
Section 1. Certificates of Acceptance and Acquisitions of Interests in Low-Value Real Property
by the General Manager.
A. In accordance with Government Code Section 27281, Certificates of Acceptance
for deeds or grants conveying any interest in or easement upon real estate to the District for
public purposes shall be executed as follows:
I. Certificate of Acceptance. The President of the Board of Directors, or,
in his or her absence, the Vice President of the Board of Directors, or the District's General
Manager, are hereby authorized to consent to and accept on behalf of the Nfidpeninsula Regional
Open Space District, deeds or grants conveying any interest in or easement upon real property to
the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as
required by law.
B. Acquisitions of Interests in Low-Value Real Propm by the General Manager.
The General Manager is hereby authorized to approve the acquisition of an interest in or
easement upon real property, or an option to acquire such an interest or easement, on behalf of
the Midpeninsula Regional Open Space District provided the following conditions are met:
1. The General Manager determines that the acquisition of such interest in or
easement upon real property is necessary or appropriate in order for the District to effectively
acquire, plan, maintain and operate its system of open space preserves, and that such acquisition
is consistent with all applicable District regulations and policies concerning acquisition of real
property; and
2. The purchase price, option price, or, in the case of a gift,the fair market
value of the gift, does not exceed the General Manager's authority to expend District funds as
provided in Section 5549 (b)(2) of the Public Resources Code and as authorized by the Board of
the Directors; and
3. Prior to the General Manager's approval of an acquisition, the District
undertakes all acts required by law prior to acquiring real property, including compliance with
the California Environmental Quality Act; and
4. After acquisition, the General Manager shall notify the Board of Directors,
in writing, of the acquisition or option and place upon the Board of Director's agenda at its
regular meeting a Preliminary Use and Management Plan for the real property so acquired.
Pursuant to the District's Public Notification Policy, the General Manager may determine that
such Plan be presented to the Board for final adoption, in the event no public comments
concerning the proposed plan have been received prior to Board action.
BE IT FURTHER RESOLVED that this Resolution supersedes and repeals Resolution
89-5 1, adopted by the Board of Directors of the Midpeninsula Regional Open Space District on
November 8, 1989 and Resolution 91-28 adopted by the Board of Directors of the Midpeninsula
Regional Open Space District on June 28, 1991.
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