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HomeMy Public PortalAboutResolution - 74-04- 19740327 - Adopt Basic PolicyRESOLUTION NO. 74-4 RESOLUTION ADOPTING BASIC POLICY OF THE MIDPENINSULA REGIONAL PARK DISTRICT Whereas, the Midpeninsula Regional Park District is empowered to plan, adopt, and lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain a system of public parks, playgrounds, golf courses, beaches, trails, natural areas, ecological and open space preserves, parkways, scenic drives, boulevards, and other facilities for public recreation'; for the use and enjoyment of all the inhabitants of the District, and it may select, designate, and acquire land, or rights in land, within or without the District (Public Resources Code Section 5541), and Whereas, from the time of the creation of the District the Board of Directors has agreed that its principal function should be to acquire and preserve open space, and Whereas, the Board of Directors has prepared and wishes to adopt a basic policy for the District to accomplish said principal function, Now, therefore, the Board of Directors of the Midpeninsula Regional Park District does resolve as follows: 1. That the basic policy of the Midpeninsula Regional Park District, a copy of which is affixed hereto and by reference made a part thereof, is approved and adopted. 2. Nothing herein shall be deemed to limit or restrict the powers of the District or of the Board of Directors as provided by law. * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 74-4 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Park District on March 27 at a regular meeting thereof, by the following vote: AYES: Condron, Duffy, Hanko, Peters, Wendin NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: 1974 President, Board of Directors I, the Secretary of the Midpeninsula Regional Park District, hereby certify that the above is a true and correct copy of a resolu- tion duly adopted by the Board of Directors of the District by the above vote at a meeting thereof duly held and called on the above date. Secretary r MIDPENINSULA REGIONAL PARK DISTRICT BASIC POLICY OF THE MIDPENINSULA REGIONAL PARK DISTRICT Introduction Open space is defined as land or water area that either remains in its natural state or is used for agriculture or otherwise essentially undeveloped. Open space provides protection for areas of particular scenic beauty and enhances the survival prospects for endangered plant and animal species. It enhances public safety through the minimization of flood erosion, land- slide, earthquake, and fire hazards. It provides room for production of food. It can help shape urban growth and thus provide a more livable and efficient urban environment. In short, open space means "room to breathe." Objective 1. THE DISTRICT WILL PURCHASE OR OTHERWISE ACQUIRE INTEREST IN THE MAXIMUM FEASIBLE AMOUNT OF STRATEGIC OPEN SPACE LAND WITHIN THE. DISTRICT, INCLUDING BAYLANDS AND FOOTHILLS. Policies District a. The District will function as an open space agency. Its purpose primary purpose will be to preserve open space; traditional development of park and recreation areas will remain within the province of the cities and the County. Strategic b. The District will use its available resources primarily emphasis to acquire open space outside the Urban Service Area boundaries of the cities rather than within the cities. However, this policy also allows acquisition of open space which is completely surrounded by urban development. The District's priority will be to use its limited resources to acquire interest in parcels having high open space value which might be developed if the District fails to act. The primary thrust of District policy will be to acquire lands within its own boundaries. The District will consider acquisitions outside the District only if excep- tional purchase opportunities arise that clearly would accrue to the benefit of the District. Acquisition c. The District will acquire direct interest in land, probably in fee most often through fee interest, that is, outright owner- ship. Options and installment purchases will be employed _2_ Development to this end. The District will act as a land bank through rights acquisition of less than fee interest to accomplish the same results with less immediate expenditure of the District's funds. For example, acquisition of a remainder interest with life tenancy for the owner will allow current use of the land Easements to continue with'no expenditure for land management. Open space, conservation,or scenic easements will be acquired. Leaseback Where agriculture is at least marginally profitable, purchase and leaseback arrangements will be used in some cases. The Gifts District will actively strive to acquire open space through Grants gifts and matching grants. Gifts of land with life tenancy will be encouraged. Other creative open space preservation Life estates techniques will be explored and developed. Condemnation Master plan The power of eminent domain will be used only in those instances where all reasonable attempts at voluntary negotia- tions fail and the parcel in question is central to the open space program of the District. Any contemplated condemnation action will include a full public hearing. As in all con- demnation procedures, fair market value as decided by a jury and based on adequate appraisals will be paid by the District d. As a guide to appropriate land acquisition, the District will develop a master plan, which will be published. This plan will set forth the District's acquisition policies and priorities and will be subject to periodic review and modific_ tion by the Board of Directors after public hearings. The master plan will be submitted to the County and cities for review and comment in order to assure compatibility with their General Plans. Objective 2. THE DISTRICT WILL WORK WITH AND ENCOURAGE PRIVATE AND OTHER PUBLIC AGENCIES TO PRESERVE, MAINTAIN, AND ENHANCE OPEN SPACE. Policies Cooperation a. The District will promote cooperation with and encourage governmental agencies, private organizations, and individuals to preserve open space. Partici- b. The District will participate in the formulation of land use tion plans of other agencies that affect the District. Joint c. The District will explore and engage in joint actions in actions order to maximize the opportunities for preservation of open space. For example, in some cases the County or other governmental agencies may have resources available to commit to land management or to park development but not to acquisi- tion, and the District may acquire the affected land or water area. In other instances, the District will support joint studies that appear to afford the most economical means of gathering data needed to make an acquisition decision. -3 -- Advocacy d. The District will propose and urge preservation of open space to other governmental agencies, such as the cities and the County which, unlike the District, have zoning powers to aid in this protection. It will also serve as an advocate for the protection of the area's natural en- vironmental resources. The District will lend support to those groups which are urging other agencies to take actions consistent with the goals of the District. Objective 3. THE DISTRICT WILL FOLLOW A LAND MANAGEMENT POLICY THAT PROVIDES PROPER CARE OF OPEN SPACE LAND, ALLOWING PUBLIC ACCESS APPROPRIATE TO THE NATURE OF THE LAND AND CONSISTENT WITH ECOLOGICAL VALUES. Policies Preserva- a. Careful planning and great care will be taken to protect tion the natural beauty and ecological balance of the lands of the District. Good b. The District will make every effort to be a "good neighbor" neighbor to other property owners. Adequate patrol, maintenance, and policy public education will be provided to minimize fire hazards, litter, noise, erosion, unsound use of the land, disturbance of wildlifeand vegetation, and trespassing. Public c. With certain limitations, the District will allow public access access to its lands. Because no agency in this area has contemplated acquiring open space in such quantity so close Cost to urban areas, the financial resources required for main - constraints tenance of acquired lands will be an important consideration. It is clear that the more funds are expended in development of facilities and supervision of public access, the less will be available for acquisition. This constraint will necessitate limited types and quantity of access on at least Environmental some of the lands of the District. Some lands will be constraints banked for a period of time prior to opening to public use. Areas found to be vital wildlife or plant habitats will designated as refuge areas, and in these areas access will Other be severely restricted. Safety factors such as dangerous constraints physical conditions will necessitate limited access in some areas. Agricultural land will also require restricted Permitted public use. In some cases use will be regulated by a permit access , system. In general, access will be allowed according to the availability of facilities and supervision essential to the intended use, and according to the carrying capacity of the land. Use will be open to everyone regardless of place of residence. Recreation d. Initial development will be primarily for low -intensity recreation, such as hiking, riding, grass picnicking, Cost limits photography, and nature study. Because of the commitment to maximum acquisition efforts, initial expenditures -4- /4.I\ Cooperative efforts Agriculture on recreational improvements will be limited to not more than 50 of the District's income for the first 10 years. The District will seek arrangements with other governmental agencies whereby the other agencies will provide some or all development of facilities and supervision of public access. This can -include making land available to other agencies by long term lease, sale, or similar arrangement. The District will insure that such development will protect important natural values of the open space. e. Where feasible, agricultural use will be sustained and encouraged. Objective 4. THE DISTRICT WILL EDUCATE AND MAKE CLEARLY VISIBLE TO THE PUBLIC THE PURPOSES AND ACTIONS OF THE DISTRICT, AND WILL ACTIVELY ENCOURAGE PUBLIC COMMUNICATION AND INVOLVEMENT IN DISTRICT ACTIVITIES. Policies Information a. The District will work through a variety of avenues, including dissemina- newspapers and other mass communications media, brochures, tion speakers, and the schools, to inform the public of the critical need for open space preservation and the appropriate use of District lands as they open to the public. Landowners and potential donors will be adequately informed of the District's purpose and goals, and of the possible methods of preserving land as open space. Visibility b. The District will work in the open, making its actions and motives clearly visible to its constituency. In order to insure fair prices to the public and maintain the con- fidentiality the owner requires, the District will often have to wait until proposed terms of sale have been negotiated before announcing its interest in acquiring a particular parcel. Then the Board of Directors will ask for public comment before finally deciding to purchase specific property. Communication c. The District will encourage communication from the public in three principal areas. First, the staff and Board will strive to be as accessible to members of the public as possible. Second, public comments about what the District. should be accomplishing and how it should proceed will be encouraged. And third, the District will seek from the public at large information concerning specific parcels of land to aid it in making acquisition decisions. Participa- d. The District will seek to involve the public in the operation tion of the District and in general planning for acquisition and future use of open space lands. -5 - Objective 5. THE STAFF WILL ADMINISTER THE AFFAIRS OF THE DISTRICT IN BEHALF. OF THE PUBLIC SO AS TO MAXIMIZE ACCOMPLISHMENT OF THE GOALS OF THE DISTRICT WITHIN EXISTING FINANCIAL CONSTRAINTS. Policies Cost constraints a. Because the District is committed to maximum acquisition effort, it will keep administrative expenses low by operating with a limited staff and by utilizing the help of already existing governmental and private agencies and contractual services. Professional b. The District will employ a highly capable and professional organization staff and provide them with the facilities and resources needed to run an efficient and responsible organization. Adopted March 27, 1974