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.
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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
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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.
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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
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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.
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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