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HomeMy Public PortalAbout19750409 - Agendas Packet - Board of Directors (BOD) - 75-08 Meeting 75-8 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors A G E N D A April 9 , 1975 745 Distel Drive Los Altos, CA (7 : 30) ROLL CALL APPROVAL OF MINUTES - March 12, 1975 March 26, 1975 ADOPTION OF AGENDA ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SPECIAL ORDERS OF THE DAY (7 : 45) 1. MRPD Slide Presentation - D. Weden OLD BUSINESS REQUIRING ACTION (7: 55) 2. Report of Annexation Subcommittee B. Green and N. Hanko (9: 10) 3. Regulatory Ordinance - H. Grench, J. Olson and S. Norton a. Regulatory Ordinance and Related Topics b. Ordinance of the Board of Directors of the Midpeninsula Regional Park District Establishing Regulations for Use of Midpeninsula Regional Park District Lands OLD BUSINESS NOT REQUIRING ACTION (9: 40) 4. "Friends of the MRPD" Foundation - H. Grench (10: 25) 5. Governmental and Private Liaison Program H. Grench CLAIMS (11: 00) EXECUTIVE SESSION Land Negotiations ADJOURNMENT M-75-59 '4 MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM April 2, 1975 TO: Board of Directors FROM: A. Crosley, Administrative Secretary SUBJECT: March 12 , 1975 Minutes At its March 26, 1975 meeting, the Board of Directors agreed that the tapes of the March 12, 1975 meeting should be reviewed to determine whether or not N. Hanko' s reasons for amending E. Shelley' s motion regarding Master Plan scoring were reflected in the statements she made. N. Hanko has asked that the following sentence be included in the minutes of March 12: "N. Hanko stated that although she per- sonally favored equal ratings of 15 each for Wilderness Experience and Guiding Urban Form, she said she was offering the following amendment be- cause it best represented the combined opinions of the five directors and would therefore be consistent with the rest of the weighting system. " During the discussion on Master Plan scoring, the following statements were made by N. Hanko: (After E. Shelley made his motion) "That' s where I think we' re doing the wrong thing, because I think each Director has very strong feelings one way or another that minority opinion is not represented, whereas the Directors ' average represents that minority opinion. I think that that one (indicating a column on the blackboard) represents where the Board is more than this new one (E. Shelley' s motion) which is being recommended now. " M-75-59 Page two (Following more discussion) "I would like to amend the motion to change the figure on column No. 2 from 20 to 25 and on column No. 3 from 25 to 20. 1 would support that as being approximately what the average Director would support. " (Following more discussion, and in response to a suggestion from K. Duffy) "Oh, I see. All right. Well, in that case, then, I ' ll withdraw them (the previous amendment and second) and change column No. 3 to move Wilderness Experience up to 10 and Guiding Urban Form down to 20. " During the normal course of taking minutes and typing them up afterward, I try to include, when a motion or amendment is is made, reasons explaining the action. At the time N. Hanko gave reasons for her motion to amend, other comments were being made and I did not record her statement. Although individual statements are not necessarily included in the minutes unless they seem to be of particular significance, the reason for making a motion or amendment is generally included. A, M-75-oO Am- Noe (Meeting 75-8 , *am Agenda item No. 1) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM April 3, 1975 TO: Board of Directors FROM: Subcommittee on Annexations SUBJECT: Costs of Administration and Comparative Land Values (Southerly San Mateo County Proposed Annexation) Dear Colleagues: The purpose of this report is to provide certain supple- mentary information to the Subcommittee' s March 5, 1975 draft report on annexation. This information has to do with pro- jected administration costs and comparative land values. The District staff has been very helpful in assisting us without detracting from their usual workload and we have appreciated the assistance given us by various San Mateo County city and County staff members in the compilation of information on land values. Respectfully submitted, Nonette Hanko Barbara Green NH-BG:acc Costs of Administration and Comparative Land Values (Southerly San Mateo County Proposed Annexation) Administration Costs In this context, administration refers to all expenditures in the District' s program except for monies going to reserves and the cost of raw land. The annexation could occur with all administration costs absorbed within the existing District budget, however, our current land acquisition, management, public communications, and planning pro- grams would operate on a decreased level of efficiency. The following administration costs figures assume that the Board wishes to continue the District' s present "high gear" land acqui- sition policy and with the present high level of staff achievement in carrying forward all the other policies of the District. The present staff operates under a full workload. If the annexation were successful, the attitude of our General Manager would be to coordinate the new District without regard to county boundaries. (See attached staff memorandum) . Therefore he would intend to add staff based more on program needs of the entire District rather than on a geographical or political com- partmentalization. The General Manager would continue to make governmental and private contacts in administrative and govern- mental liaison matters based on his own assessment of importance. An administrative aide would be recommended to relieve him of certain elements of administrative and the governmental liaison programs and much of the report writing in which he is presently immersed. Such a staff person would be needed on a half-time basis at approximately $6, 000-$10, 000 per year (plus benefits) . The General Manager would be inclined to hire, additionally, a high level staff person to work under the Assistant General Manager at approximately $19 ,000 per year (plus benefits of about 13% of salary) , which would result in the stepping up of the gifts program with Ed Jaynes assuming a major role in this effort. Although the new member would be credited to the financial impact of the annexation, the gifts program would be greatly improved for the District as a whole. This acquisition agent would be involved in technical aspects of transactions and with normal negotiations District-wide. In the area of public communications, no major increased are ex- pected except in brochure and map type work which could be accom- plished either by part-time help or contract, and is estimated to require 1/2 time person ($4, 250 per year plus benefits) . Additional Controller and Legal Counsel fees are considered to be minimal. Page two When land acquisition in the new area commences, an additional ranger ($1, 000 per month plus benefits) and another vehicle will be required ($3, 500 to $8 , 000, depending on type) . Additional ranger/vehicle costs are anticipated both when lands are acquired at the southerly end of the existing District and as lands owned by the District become more numerous. Land management costs are expected to increase throughout the District whenever a greater intensity of public use is expected on District lands. No unusual costs are foreseen in the new area since the geography is similar to many other areas of the District. If greater intensity of public use is desired, District policy could involve the County of San Mateo and the cities in management contracts. With the exception of the ranger, it was the opinion of the General Manager that the staff positions be filled as soon as possible after the annexation in order to lessen the impact to the remainder of the District during a busy transitionary expansion period. The first half of tax revenues derived from the annexation may not be received by the District until December, 1977 , if the an- nexation were to be held in June, 1976. Directors' salaries for two additional Directors would be $2, 400 per year. In the area of services and supplies, the inclusion of the new area in the District' s Master Plan would result in an additional planning consultant fee (perhaps extension of the existing con- tract) . Other land related costs include appraisals , surveying, environmental assessments, title searches, and so forth, as mentioned in the attached staff memorandum. The total increase in the services and supplies category amounts to an estimated $51, 000. Certain financial advantages to annexation of the proposed area would accrue to benefit the District as a whole. The District' s increased reserves invested at current 8% would enhance the Dis- trict' s financial base, as would the increased total monies avail- able through the use of the District' s borrowing power. The following table sets forth a comparison of present yearly administration costs with how the budget might appear for the proposed new District. Grant revenues have not been included; they would have made the non-land percentages smaller. Land purchases made using the District' s borrowing power have also not been included. Page three Existing Pro'posed District District Total Tax Revenue Derived: $1,700, 000 $2 , 500, 000 Total Yearly Administrative Costs: $ 310, 000 $ 404 , 300 (18%) (16%) Land Acquisition and Reserves: $1,450, 000 $2,100 , 000 (82%) (84%) Land Values Land areas of potential acquisition in the territory proposed for annexation can be separated into three categories: 1. Lands along the urban fringe easterly of Interstate 280 : Few undeveloped lands are available in this category, however, they would be valued highly from the standpoint of importance in guiding urban form. According to Assist- ant General Manager Ed Jaynes, land values would be com- parable to certain major areas outside the urban service areas of the cities in the existing District. Because of the relative importance of these types of parcels to adjacent cities, matching fund arrangements may prove workable and should be explored. Approximate per acre value of such close-in lands was $6, 500. Only 800 acres, however, of this category have been identified by the Subcommittee as fitting into this category. 2. Land located between Interstate 280 and Skyline Boulevard, southerly of the San Francisco Watershed Lands: This category includes lands in the vicinity of Portola Valley and Woodside, Huddart Park, Wunderlich Preserve and unincorporated lands southerly of Portola Valley and adjoining the existing MRPD boundary. Approximately 4, 000 acres have so far been identified by the Subcommittee as undeveloped open space. Values range from between $500 to $900 per acre on an average. The San Francisco Watershed Lands will be considered by the Subcommittee in a separate report. 3. Lands westerly of Skyline Boulevard: Category No. 3 lands can be compared to land values in the remote southerly end of the District, except that category Page four No. 3 lands represent a much higher percentage of the territory proposed to be annexed (more than 50%) than southern tip District lands are to the existing Dis- trict. These lands are valued at $500 per acre and less. Lands immediately along the 15-mile-long stretch of Skyline are valued at approximately $1, 500 to $2, 000 per acre. This corridor contains one of the most valu- able recreational resources and potentials for scenic preservation. It is also probably the most threatened. Not only are Skyline corridor acquisitions key to scenic protection but also for the provision of access to the large land holdings on both sides of Skyline. Although a 100-foot building setback is established along this route, it is grossly inadequate in many areas of scenic outlook. An additional subcategory consisting of surplus school dis- trict properties exist within the three geographical sub- divisions listed here. These properties may be valued some- what higher than nearby larger parcels, however they are considered to be minor in size and number and have relatively minor effect on average values of the total acreage of poten- tial District interest. Lands along the Bay not planned as part of the San Francisco Bay Wildlife Refuge are still under exploration by the Sub- committee as to availability, price, and popular interest for District concern. Acquisition of part interests such as trail easements and scenic easement agreements with private landowners should also be con- sidered important preservation tools. In concluding our study of identifiable large land parcels in the area considered for annexation, we found, perhaps, a greater dif- ference in land values (higher generally for the few close-in parcels which remain undeveloped than comparable close-in lands in the existing District) . This difference was definitely off- set, however, by overall lower prices of the vast majority of the lands available. NH-BG:acc AA, M-75-57 MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM March 26, 1975 TO: Annexation Subcommittee FROM: H. Grench, General Manager SUBJECT: Anticipated Costs and Revenues Associated with Expanded District Introduction: As you recall, we met on March 18 , 1975 to discuss approximate anticipated costs and revenues associated with a District expanded to include that southern portion of San Mateo County currently being considered for annexation. I had not made a detailed study of the finances at that time. Since we met, however, additional information has been developed which may be helpful to you. You may wish to use it in conjunction with the comments I have written on your draft report on financial impacts. Discussion: Attached is a 1974-75 fiscal year budget (adjusted; see below) under which the District is now operating. An addi- tional column of figures shows what the budget might have been had the District �already been larger to the extent in consideration on March 18. Some start-up costs, such as formation-election expenses for annexation, have therefore not been included. It has been assumed that additional ranger aid would have been needed toward the end of the fiscal year. Expenses associated with various programs have been calculated on the basis of the same level of activity as now exists. An exception to this occurs in the Land Acquisition Program where an additional staff member allows an increased level of activ- ity. The Board may, in adopting a revised Action Plan in the next month, decide to increase the activity in certain other areas, but these have not been included. Revenues have been adjusted in both budgets to remove the income from the Proposition 1 Bond Fund and the Land and Water Conservation Fund, since these are unusual sources of income. Had they been included, the budget for Land would have been accordingly higher. Incidentally, the Land budget item does not include use of borrowing power and therefore under-repre- sents the size of land acquisition proposed for this year. Conclusion: The ratio of Total Expenditures (Excluding Land) to Revenue, expressed as a percentage, are 18% and 16% for the present and expanded Districts, respectively. Had the special revenues been included, the figures would have been approxi- mately 11%. Again, land acquisition from borrowing power is not included. Additional Total Expenditures (Excluding Land) of $94,300 are 13% of additional Revenue of $734,000. Therefore, from a purely financial viewpoint and with the various assumptions which were made, there would be a positive effect in the above ratios from creating the larger District being considered. HG:acc i r Budget for 1974-1975 Fiscal Year as Amended and Adjusted Present District Expanded District I . REVENUES A. Ad Valorem Taxes $1, 501, 000 B. Tax Relief $2 ,400, 000 Reimbursement 200, 000 C. Proposition 1 Bond Money D. Land & Water Conservation Fund �-Q�-,-O�Q- ----- E. Interest 65, 000 100 , 000 $1,766 TOTAL REVENUES $27-78$7tt-e $2, 500, 000 I.I . RESERVES AND EXPENDITURES A. Reserves 1. Future Land Acquisitions ($185 , 000) ($125, 000) 2. Operating Expenses 40, Q00 50, 000 3 . Opportunities & Emergencies 535, 000 535, 000 Total Reserves $390,000 $400, 000 B. Salaries & Benefits 1. Directors $6,000 $ 8, 400 2. General Manager 26,000 26, 000 Budget for 1974-1975 Fiscal Page two Year, as Amended Present District Expanded District B. Salaries and Benefit: (continued) 3 . Legal Counsel $15 ,600 $ 15, 600 4 . Controller 1,2j00 1, 200 5 . Assistant General Manager 1 19 , 000 9000 Acquisition Agent , 19 , 000 6 . Land Manager 17r000 17, 000 Admin. Aide ----- 81000 7 . Adm. Secretary 9 ,400 9 ,400 8 . Public Communica- tions Assistant 4 ,200 4, 200 9 . Accounting Technicial 2 ,000 2 , 500 10 . Clerk Typist 3 ,000 7,200 11 . Planning Aide 5, 900 5,900 12 . Extra Help 3 ,000 4 , 000 13 . Salary Adjustments for Board Appoint- ees 7 , 200 7 , 200 14 . Salary Adjustments for General Manager Appointees 41500 6, 000 15 . Retirement Plan 9 ,000 11,100 16 . Health Plan 3 ,000 4 ,600 17 . Dental Plan 500 800 18 . Life Insurance Plan 700 900 Subtotal $137 : 200 ' $178,000 Budget for 1974-1975 Fiscal Page three Year, as Amended C . Services and Supplies Present. District Expanded District 1 . Auditor' s Fees $ 500 $ 500 2 . Planning Consultant 4 , 000 6 , 000 3 . Acquisition Consultant 10 ,no 5, 000 4. Special Legal Fees 54 ,000 54 , 000 5 . Appraisers ' Fees 9 ,000 18, 000 6 . Surveying 2 ,000 3, 000 7 . Mapping 2,000 3 ,000 S . Environmental Assessments 3 , 000 4 ,000 9 . Title Searches and Insurance 91000 18,000 10 . Misc . Acquisition Costs 4 ,000 8 ,000 11 . Land Management Costs 25 ,000 40 , 000 12 . Election Expense 12 ,700 17, 800 13 . Maps 600 900 14 . Library 200 200 15 . Subscriptions 200 200 7, 000 16 , Printing 5 ,000 Budget for 1974-1975 Fiscal Page four Year, as Amended C . Services and Supplies Present District Expanded District (Continued) 17 . Duplicating $ 3 ,200 $ 4, 500 18 . Office Rent 7 , 600 10,000 19 . Telephone 1,900 2, 700 20 . Office Supplies 1, 200 1,700 21. Postage 1, 200 1,700 22 . Private Vehicle Expense 3 ,600 4, 500 23 . Travel Expense 2 ,400 2 ,400 24 . Meal Conference 1 ,200 1, 500 25 . Equipment (under $100) 700 1, 000 26 . Insurance 800 800 27 . Memberships 200 200 28 . Legal Advertising 200 300 29 . Miscellaneous 2 , 400 2 , 400 Subtotal $167 ,800 $219 ,300 D. Fixed Assets 1 . Lard $1, 065, 000 1,695,700 2 . Equipment. 5 , 000 7 , 000 Subtotal $1, 070, 000 $1, 702,700 Budget for 1974-1975 Fiscal Page five Year, as Amended Present District Expanded District Total Expenditures (Excluding Land) $310 , 000 $ 404,300 1,375, 000 2,100, 000 Total Expenditures TOTAL EXPENDITURES EXPENDITURES AND CHANGES IN $1,766,000 RESERVES = REVENUE $27780;Ot10- $2, 500, 000 i Air M-i_ j2 (Meeting 75-8, Agenda item No. 3) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM April 4, 1975 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Regulatory Ordinance Discussion: Attached is a copy of the recommended Regulations for the Use of Midpeninsula Regional Park District Lands. Also attached is a memorandum (M-75-61) on Regulatory Ordinance and Related Topics from J. Olson to me. I support the approach to the ordinance discussed in that memorandum. I would like to emphasize that the proposed permit system does allow public access to District lands, but not on the same basis that is used in the County, city and State parklands in the area. Also, certain District sites may be exempt from permits, thereby allowing more ready access. The District will need to gain experience in the costs of operating the permit system as well as in the other costs associated with land use. Recommendation: It is recommended that the Board of Directors adopt the Ordinance of the Board of Directors of the Midpeninsula Regional Park District Establishing Regulations for Use of Mid- peninsula Regional Park District Lands. Staff would then return at a later date with a Resolution of the Board of Directors of the Midpeninsula Regional Park District Providing for a System of Permits for the Use of District Lands ("Permit Standards") for proposed adoption. HG: acc *404 or M-75-61 MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM April 4 , 1975 TO: H. Grench, General Manager FROM: J. Olson, Land Manager SUBJECT: Regulatory Ordinance and Related Topics Introduction: At the Board meeting of March 26 , 1975 , staff was directed to redraft the recommended regulatory ordinance to reflect the changes suggested by Board members during dis- cussion of the ordinance. Since that time you, S. Norton and I have had further conferences on the subject. Discussion: Attached is the revised regulatory ordinance. Minor points raised by Board members have been incorporated into the revised text. Two major related topics - appropriate levels of access to District lands and permit standards - are addressed separately as items 1 and 2. The trespass section of the ordin- ance is also discussed as topic No. 3. 1. Appropriate Levels of Access and Use of District Lands. The Board had adopted its Basic Policy which sets general parameters for use. These policies are reproduced on the following page for reference. In general, within the parameters of these policies, use of District land should be controlled to protect the inherent ecological values and minimize the operational and manage- ment costs of administering the lands. Use can best be controlled by a system of permits to regulate access to the lands. The basic question is whether the MRPD should administer its sites similar to the more traditional parks such as Upper Stevens Creek and Sanborn/Skyline County Parks, Castle Rock and Big Basin State Parks, and Palo Alto Foothills Park. I recommend that the MRPD administer its lands under a per- mit system. District lands could then be operated as sup- plemental to the more traditional parks mentioned above. | M-75-61 Page two @L The District will follow a land management policy that provides proper care of land, aK�� public access appropriate the nature of the land and consistent with ecological values. POLICIES Preservation a. Careful planning d great care will be taken to protect the natural beauty and ecological balance of the lands of the District. Good b. The District will make every effort to be "good neighbor" toother neighbor property owners. Adequate patro|, maintenanoe, and pub|icoduou- policy Uon will be provided to minimize fire hazordo, lit1or. noiue, eronion, unsound use of the land, disturbance of wildlife and vegetation, and trespassing. Public c. With certain limitations, the District will allow public access to its access lands. Because no agency in this area has contemplated acquiring � open space in such quantity so close to urban areas, the financial | Cost resources required for maintenance of acquired lands will be an im- constraints portunt consideration. It is clear that the more funds are expanded in development uffacilities and supervision of public uoc*on' the � less will be available for acquisition. This constraint will necessitate limited types and quantityof access cmod least some of the lands Environmental of the District. Some lands will be banked for period of time prior constraints to opening to public use. Areas hound to be vital wildlife or plant habitats will be designated as refuge areas, and in these areas eo- Othex oeoowi|| be oovone|y restricted. Safety factors such as dangerous cmnwKmn1mtm physical conditions will necessitate limited aooaso in some areas. Agricultural land will also require restricted public use. In some � Permitted cases use will be regulated by permit system. In gonnra|, access access will be allowed according to the availability offacilities and super- vision essential to the intended use, and according to the carrying capacity of the land. Use will be open to everyone regardless of place ofresidence. Recreation d. Initial development will be primarily for low-intensity recreation,such � as hiking. riding. Qroua pinnicking, photngxmphy, and nature study. | Cost limits Because of the commitment to maximum acquisition effode, initial expenditures on recreational improvements will be limited to not Cooperative more than 5% of the District's income for the first 10 years. The Dio' eMortm triot will eemh 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 mak- ing land available to other agencies by long term |eoae, sale, or � similar arrangement. The District will insure that such development . will protect important natural values of the open space. Agriculture e. Where feasible, agricultural use will bo sustained and encouraged. S. The staff will administer the affairs of the District in behalf of the public mm as � to maximize accomplishment ofthe goals oythe District within existing flmam- cUsU constraints. � � POLICIES | Cost a. Because the District is committed to maximum acquisition e#nrt, it constraints will keep administrative expenses low by operating with o limited staff and by utilizing the help cf already existinggovernmental and private agencies and contractual services. Professional b. The District will employ a highly capable and professional staff and organization provide them with the facilities and resources needed to run an ef- ficient ond responsible organization. Adopted March 27. 1874 M-75-61 Page three Exceptions to such a permit system could be considered when the area is not unusually fragile from an environmental per- spective and management costs can be minimized. This could be applied to entire sites or portions of sites. Based on preliminary analysis, two of the existing District sites meet these criteria, namely, the North Foothills and Saratoga Gap Open Space Preserves. If further analysis reinforces this preliminary opinion, then I would suggest the construction of hiking stiles to facilitate access to these exempt areas, but not necessarily signs which invite access. In any case, District lands would not be opened under the permit system until at least interim Management and Use poli- cies had been adopted by the Board, and if necessary, minor development such as parking areas and chemical toilets had been implemented. 2. Permit Standards. Attached is a preliminary draft of proposed permit standards and a resolution adopting such standards. Section 800 on fees is intended to cover situations such as: a. When a large group of people uses a site, thus necessitat- ing additional chemical toilets or trash removal, the fee charged could cover the costs of such service. b. When a particular type of use required significant main- tenance and patrol costs, such as equestrian use in cer- tain areas. C. If the cumulative costs of administering the permit sys- tem became burdensome, a nominal fee might be charged to offset these costs. The permit system ultimately adopted should contain provisions for the issuance of various types of permits. Some possible categories are: a. Permits of Long Term Duration. These could be issued to groups such as the Sierra Club and Audubon Society when such groups administered a regular program of hikes. Also, ongoing educational programs such as those of the Environ- mental Volunteers would qualify. b. Permits of Limited Purpose or Duration. These would be issued to persons wishing to accomplish a specific pur- pose, such as a school research project. Groups would be limited to whatever size is deemed appropriate for a particular site. M-75-61 Page four C. Permits by Telephone. These would be issued to indivi- duals for a specific day. Rather than becoming involved in administering individual written Permits, a verbal system might be established. A person would call requesting permission to go on a particular site - the person' s name would be logged in a permit book and the person given a numerical code to be effective on the day for which he/she requested ac- cess. If the person met a District ranger, the person would provide the numerical code for that day. Indivi- dual permits would allow for accompanying quests or the person' s family. The above is not intended to cover all of the possible situa- tions under which permits might be issued but rather to pro- vide examples of various types of permits. Whatever permit system is ultimately adopted, consideration should be given to the establishment of quotas for the number of people allowed on a site on a given day. This would be done to protect the natural resources, minimize operational costs and protect the quality of the personal experience of being in a natural area. The permit standards are provided for review and discussion, not for adoption. 3. Restudy of Section 603 Dealing with Trespass. Alternatives: a. Retain as originally drafted. b. Reproduce in its entirety Section 602 of the Penal Code as an appendix to the District ordinance. The ordinance would then read: Trespass. Certain acts of entering or remaining on private property of another are declared to be unlawful by Section 602 of the Penal Code of California (see Appendix A) . Section 602 of the Penal Code of California is reproduced on the following page for reference. Recommendation: Adopt Section 603 of MRPD Ordinance as originally presented. The primary reason for this is that trespass is a complicated area of law and I would prefer that the information regarding it be readily avail- able to District staff and adjacent property owners should M-75-61 Page five a trespassing incident occur. Copies of the ordinance will be carried in District patrol vehicles. Attaching Section 602 of the Penal Code as an appendix is an awkward organiza- tional approach and inconsistent with other sections of the ordinance where portions of the Penal Code are referenced. Simplifying Section 603 of the District ordinance would furth- er dilute the section and render it less effective. JO:acc m-75-61 Page six PENAL CODE See.600.5, §602. Cutting Timber, Stealing Wood, injuring, gathering, or carrying away or leading into such lands, or Soil or Rock, Injuring Road Signs or� any oysters,or other shellfish planted, (4) Discharging any firearm. Posted Notices; Posting Bills; Injuring growing, or being on any such lands, Oyster Beds; Injuring Fences; Camp whether covered by water or not,without 0) Entering and occupying real prop- Fires; Hunting on Posted Lands— the license of the owner or legal occupant erty or structures of any kind without the Trespasses Upon Lands Enumerated; thereof; or destroying or removing, or consent of the owner, his agent, or the Misdemeanor. causing to be removed or destroyed, any person in lawful possession thereof. Every person,who willfully commits a stakes, marks, fences, or signs intended (m) Driving any vehicle, as defined in trespass by any of the following acts is to designate the boundaries and limits of Section 670 of the Vehicle Code,upon real guilty of a misdemeanor: any such lands. property belonging to or lawfully oc- (a) Cutting down, destroying, or injur- (h) Willfully opening,tearing down, or cupied by another known not to be open to ing any kind of wood or timber standing., otherwise destroying any fence on the en- the general public,without the consent of or growing upon the lands of another. closed land of another, or opening any the owner,his agent,or the person in law- (b) Carrying away any kind of wood or gate, bar, or fence of another and will- ful possession thereof. timber lying on such lands. fully leaving it open without the written (n) Refusing or failing to leave land, permission of the owner, or maliciously real property, or structures belonging to (c) Maliciously injuring or severing tearing down, mutilating, or destroying or lawfully occupied by another and not from the freehold of another anything at- any sign, signboard, or other notice for- open to the general public,upon being re- tached thereto, or the produce thereof. bidding shooting on private property. quested to leave by a peace officer and (d) Digging, taking, or carrying away (i) Building fires upon any lands owned the owner,his agent,or the person in law- from any lot situated within the limits of by another where signs forbidding tres- ful possession thereof. any incorporated city,without the license pass are displayed at intervals not (o) Entering upon any lands declared of the owner or legal occupant thereof, greater than one mile along the exterior closed to entry as provided in Section 4256 any earth, soil, or stone. boundaries and at all roads and trails en- of the Public Resources Code; provided, (e) Digging, taking, or carrying away tering such lands, without first having such closed areas shall have been posted from land in any city or town laid down on obtained written permission from the with notices declaring such closure,at in- the map or plan of such city,or otherwise owner of such lands or his agent, or the tervals not greater than one mile along recognized or established as a street, al- person in lawful possession thereof. the exterior boundaries or along roads ley, avenue, or park, without the license (j) Entering any lands, whether unen- and trails passing through such lands. of the proper authorities, any earth, soil closed or enclosed by fence, for the pur- (p) Refusing or failing to leave a public or stone. pose of injuring any property or property building of a public agency during those (f) Maliciously tearing down, damag- rights or with the intention of interfering hours of the day or night when the build- ing, mutilating, or destroying any sign, with, obstructing,or injuring any lawful ing is regularly closed to the public upon signboard or notice placed upon, or af- business or occupation carried on by the being requested to do so by a regularly fixed to, any property belonging to the owner of such land, his agent or by the employed guard,watchman,or custodian state, or to any city, county, city and person in lawful possession. of the public agency owning or maintain- county,town or village,or upon any prop- (k) Entering any lands under cultiv-a- ing the building or property, if the sur- erty of any person, by the state or by an tion or enclosed by fence,belonging to,or rounding circumstances are such as to in- board which sign, sign- occupied by, another, or entering upon dicate to a reasonable man that such Der- board or notice is intended to indicate or uncultivated or unenclosed lands where son has no apparent lawful business to designate a road or roads,or a highway or signs forbidding trepass are displayed at pursue. highways, or is intended to direct travel- intervals not less than three to the mile Leg-H. 1872, 1874 p. 434, 1877 p. 118, ers from one point to another, or relates alanaall ex-exterior boundaries and at all 1905 p.686, 1917 p. 319, 1927 p. 1339, 1929 to fires,fire control, or any other matter roads and trails entering such lands with- p. 1179, 1931 ch.693, 1941 ch.578, 1945 ch. involving the protection of the property, out the written permission of the owner 403, 194-7 ch. 647, 1949 ch. 1333, 1957 ch. or putting up, affixing, fastening, print- of such I and,his agent or of the person in 2013, 1963 ch. 1299, 1967 ch. 1187, 1969 ch. ing, or painting upon any property be- lawful possession, and 43, 1970 chs. 1607, 1608. to an to the state. or to anv citv.. (1) Refusing or failing to leave such county, town, or village, or dedicated tei lands immediately upon being re- the public, or upon any property of any quested by the owner of such land, his person, without license from the owner, any notice,advertisement,or designation agent or by the person in lawful posses- of, or any name for any commodity, sion to leave such lands, or whether for sale or otherwise,or any pie. (2) Tearing down, mutilating or de- ture, sign, or device intended to call at, stroying any sign, signboard,or notice tention thereto. forbidding trespass or hunting on such (9) Entering upon any lands owned by lands, or any other person whereon oysters or (3) Removing,injuring,unlocking,or other shellfish are planted or growing-,or tampering with any lock on any gate on DRAFT RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT PROVIDING FOR A SYSTEM OF PERMITS FOR THE USE OF DISTRICT LANDS ("PERMIT STANDARDS" ) The Board of Directors of the Midpeninsula Regional Park District does resolve as follows: Section 1. This resolution is adopted pursuant to "Regulations for Use of Midpeninsula Regional Park District Lands" (Ordinance No. 75-1) wherein it is provided in Section 200. 1 that "The Board may by resolution, regulation or rule provide for a system of permits and the issu- ance thereof, the exemption of certain lands and classifications of persons therefrom, and establish- ing other policies in connection with the administra- tion of a permit system. " Section 2. The rules and regulations contained in the document captioned "Permit Standards, Midpeninsula Regional Park District" dated , a copy of which is affixed hereto and by reference made a part hereof, are hereby adopted. Said rules and regulations and any amendments thereto may be referred to as "Permit Standards. " * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DRAFT PERMIT STANDARDS Midpeninsula Regional Park District (date) 10. 1 Short Title. The rules and regulations contained herein, including any amendments hereto, may be referred to as "Permit Standards. " 20. 0 Purpose. These Permit Standards are adopted pursuant to "Regulations for Use of Midpeninsula Regional Park District Lands" (Ordinance No. 75-1) to provide for a system of permits for the entry on or use of District lands and the issuance thereof, the exemption of certain lands or classi- fications of persons therefrom, and establishing other policies in connection with the administration of a permit system. 30. 0 Exempt Lands. No permit is required for the entry upon or use of the following District lands, or portions thereof, provided that District Land Regulations, the regulations or provisions of any sign or posted notice and the orders and instructions of any District ranger or authorized em- ployee shall be obeyed: a. North Foothills Open Space Preserve b. Saratoga Gap Open Space Preserve 40. 0 Exempt Classes of Persons. No permit is required for the entry upon or use of District lands by the following classi- fications of persons: a. Officers and employees of federal, State, County, city and other local public agencies while acting in the course of their official duties. b. Any person entering upon District lands in an emergency for the immediate preservation of the life, health or safety of persons or wildlife or for the protection of property. C. Persons crossing District lands on an easement, when they are legally entitled to use of that easement. 50. 0 Permits; Classifications. The General Manager is authorized to provide for the issuance of permits in the following classifications and for the administration of such permit system: a. Permits of Limited Purpose or Duration. b. Permits of Long-Term Duration, up to one (1) year. C. Permits by Telephone. d. Permits for Board Members. 60. 0 Permits; Conditions. Reasonable conditions may be attached to any permit limiting the use of same as to time, dura- tion, land area, purpose, number of persons and other mat- ters necessary or appropriate to the responsible management or use of District lands. 70. 0 Permits; Revocation. Any District ranger or other authorized employee may summarily revoke or suspend any permit as to any person who commits a violation in the presence of such ranger or employee of the Regulations for Use of District Lands, or any federal, State, County or municipal law or ordinance. 70. 1 Hearing; Reinstatement. Any person who has had a permit so revoked or suspended may, within ten (10) days demand a hearing thereon by filing written request therefor with the General Manager. (Procedure for hearings; criteria for re- instatement) . 80. 0 Fees. The Board may from time to time adopt a schedule of fees for types of use of District land when additional management or operational cost is associated with that particular use. ORDINANCE OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT ESTABLISHING REGULATIONS FOR USE OF MID- PENINSULA RECTONAL PARK DISTRICT LANDS BE IT ORDAINED by the Board of Directors of the Midpeninsula Regional Park District: CHAPTER I - DEFINITIONS SECTION 100. TITLE . The rules and regulations contained herein shall be known as "Regulations for Use of Mid- peninsula Regional Park District Lands" and may be referred to as such or as "regulations" . SECTION 101. PURPOSE . In order to provide responsible steward- ship for District lands, to establish orderly use and to maintain natural and quiet environment for persons on the lands, these regulations are adopted. They are established pursuant to the Basic Policy of the Board of Directors of the Midpeninsula Reg- ional Park District, adopted March 27 , 1974 , that "The District will follow a land management policy that provides proper care of open space land, al- lowing public access appropriate to the nature of the land and consistent with ecological values. " SECTION 102 . DEFINITION . Unless the context otherwise requires, the definitions hereinafter set forth shall govern the construction of these regulations. SECTION 103 . DISTRICT, DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Park District, and includes all lands and waters owned, controlled, or managed by the Midpeninsula Regional Park District, which shall hereinafter be referred to as "District lands" . SECTION 104 . PERSON DEFINED. "Person" means any natural person, firm, corporation, club, municipality, district or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise ex- pressly provided herein, "permit" or "permission" means permission, granted by the General Manager of the Midpeninsula Regional Park District or an auth- orized representative. -SECTION -106 . BOARD DEFINED. "Board" means the Board of Directors of the Nlidpeninsula Regional Park 1,-,,istrict. Page two SECTION 107 . HEADINGS AND DIVISIONS. Headings and divisions are for convenience only and shall not be considered in the interpretation of this Ordinance and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. CHAPTER II - REGULATIONS SECTION 200. GENERAL REGULATIONS. 200 . 1 The Board may by resolution, regulation or rule provide for a system of permits and the issuance thereof, the exemption of certain lands or classi- fications of persons therefrom, a system of fees, and the establishment of other policies in connect- ion with the administration of a permit system. Unless specifically exempted by such a resolution, regulation or rule, no person shall enter or remain on District lands without a permit. 200. 2 Any person entering upon District lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and/or municipal ordinances. 200 .3 The provisions of this Ordinance shall not apply to employees of the District or to its lessees or their employees engaged in and acting within the scope of their authorized duties and lessee activi- ties. However, District employees and lessees and their employees shall abide by the laws of the State of California and all applicable county and/or muni- cipal ordinances . SECTION 201. SPECIAL REGULATIONS. Special regulations enacted r an area or a subject do not preclude the appli- cation of general regulations unless expressly so indicated. CHAPTER III - GENERAL RULES SECTION 300 . AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541 , 5558 , and 5559 of the Public Resources Code of the State of Calif- ornia, and apply to all District lands . A Lisle , where used, does not limit the language of a section. Page three S.1'C111 O'N 301 . VIOLATI01IS OF ORDINANCE A MISDEAMEANIOR OR INIFRACTION. Any violation of this Ordinance or of any rule or regulat'Lon adopted by the District is, in the dis- cretion of the prosecutor or the court, a misdemeanor or infraction. Any judge of a justice court within the District or any municipal court which may be established within the District, shall have juris- diction of all prosecutions under this article for violations of any ordinances , rules or regulations adopted by the Board of Directors of any regional park district. (Public Resources Code, Section 5560) . SECTION 302 . SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitution- ality shall not affect the validity or constitution- ality of the remaining portions of this Ordinance; and the Board of Directors declares that this Ordin- ance, and each chapter, section, subsection, para- graph, sentence, and clause thereof would have been adopted irrespective of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303 . AMENDMENT OR REPEAL. Where a section herein or rule or regulation adopted pursuant thereto is amended or repealed, acts and commissions prior thereto may be prosectued as though such section, rule or regulation had not been so amended or re- pealed. CHAPTER IV PARK USES GENERAL SECTION 400 . CAMPING. 400 .1 No person shall maintain a camp on District lands, except a camp may be maintained in designated areas if a valid permit therefor has been obtained from the District. 400 . 2 No person who is a juvenile shall camp on any Dis- trict lands except as follows: (a) A juvenile who is accompanied by a parent or guardian. (b) A -tuvenile who is a part of a group permitted J to occ� py District lands and pit i-io is su~,4:-=ised by at least one adult responsible for each ten juveniles or portion of ten thereof. Page four (c) The term juvenile as used herein shall be con- strued to mean any person under the age of 18 years . SECTION 401. SWIMmING. 401 . 1 General. No person shall swim, wade, nor engage in any other water-contact activity in any water areas of the District except in those areas so designated. 401. 2 Definition. As used in this section, "water-contact activity" means any activity in which the body of a person comes into physical contact with water, including but not limited to swimming, wading, aqua- planing, paddle boarding, skin diving and water ski- ing. It does not include boating or fishing. 401.3 Definition. As used in this section, "water areas of the District" include, but are not limited to, all natural and artificial swimming pools, reser- voirs , lakes, streams and flood control channels. SECTION 402 . DROWNING; FALSE REPORTS. No person shall report, or cause to be reported, or in any other manner com- municate to any lifeguard employed by the District, or any other employee of the District, or law en- forcement officer, or account of a drowning, which such person knows to be false. SECTION 403. FIREARMS AND DANGEROUS WEAPONS. 403 . 1 Restriction. Except as provided in subsection 403.2 of this Section, no person shall have in his/her Possession on District lands, and no Person shall fire or dishcarge, or cause to be fired or discharged, across , in, or into any portion of District lands any gun or firearm, spear, bow and arrow, cross bow, sling shot, air or gas weapon, or any other dangerous weapon. 403 .2 Exception. The provisions of subsection 403 .1 of this Section shall not apply to any of the following cases : (a) The possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District lands. (b) The possession of firearms or other dangerous weapons at a place of residence or business located on District lands by a person in lawful possession of the residence or businoss . Page five ,'ECTION 404 . FIRES . No person shall build, light, or maintain any open or outdoor fire at any place on District lands , without a fire permit, except in areas or facilities provided and designated for this, purpose. Upon a finding of extreme fire hazard by the 'General Manager or an authorized representative, no person shall smoke, or build fires, in areas other than those designated by said officer. SECTION 405 . INDECENT EXPOSURE. Exposing oneself with the intent of directing public attention to one ' s private parts for purposes of sexual arousal , gratification, or affront is prohibited. (Penal Code, Section 314) . SECTION 406. METAL DETECTORS. No person shall use a metal detector or similar device on District lands, except as pro- vided in Section 806. SECTION 407 . OBSTRUCTIONS. No person shall continue to engage in any course of conduct on any District lands after he or she is advised by a Ranger or other District employee or agent having authority to regulate or manage the area, that such conduct unreasonably and unnecessarily impairs or limits the lawful use and enjoyment of such facility or area by other persons, or impairs the ability of any District employee or agent to perform his or her authorized duties and activities , because such conduct is causing a mater- ial , physical obstruction to (i) the normal lawful movement of other persons in or through the area, or (ii) to normal access of other persons to any District facility or area. SECTION 408. ASSEMBLY. It shall be unlawful for any person or group to conduct a group meeting, rally, or similar gathering on District lands without first obtaining a permit for the use of the specific area or facility involved. No such permit shall be granted if it is found that the time, place and/or size of the meeting, rally, etc. will disrupt or unreasonably interfere with the normal use, operation or management of the site or facility or have an adverse impact on the ecological characteristics thereof. SECTION 409 . MISCELLANEOUS DANGEROUS ACTIVITIES. Except in areas specifically designated and set aside from time to time by the Board of such activities , no person shall engage in any of the following activities on District lands : 409 . 1 Use or possess fireworks of any kind. 409 . 2 Drive , chip, or in any other manner play or practice golf , or hit golf balls , `1011 . 3 Dplei:atc self-Ixca-L:ie, L.Icccl mobiles , or other model craft of any kind or descrip- tion. Page six 409 . 4 Throw, release, or discharge missiles, rockets, or similar projectiles . 409 . 5 Hang-glide or parachute. 409 . 6 Engage in any activity or operate any device reck- lessly or negligently so as to endanger the life, limb or property of any person. SECTION 410. ALCOHOLIC BEVERAGES. 410 . 1 Restrictions. Only beer and wine shall be possessed or consumed; other alcoholic beverages are prohibited. SECTION 411. REMOVAL OF SIGNS. No person shall remove any sign duly erected or posted on District lands. CHAPTER V - PARK USES: AQUATICS, BOATING SECTION 500. BOATING. No person shall place a boat, kayak, rub- ber raft or other vessel of any description in the water of reservoirs, lakes, streams or other bodies of water owned, managed, or controlled by the Dist- rict except as expressly allowed by permit or rule or regulation of the District. SECTION 501. LITTERING WATERS. It shall be unlawful for any per- son to litter or cause to be littered, or dump or cause to be dumped, any wastematter into any bay, lagoon, channel, river, creek, slough, canal, lake or reservoir, or other stream or body of water, or upon a bank, beach, or shore within 150 feet of the high water mark of any such water. (Penal Code Section 374 (e) ) . CHAPTER VI - PARK USES : RIDING/HIKING TRAILS SECTION 600 . GENERAL. No person shall ride, drive, lead, or keep a saddle horse, pony, mule or other such animal at any area dsignated by the Board as so restricted. SECTION 601 . SADDLE ANIMALS . No person shall ride, drive, lead, or keep any saddle or pack animal in a reckless or negligent manner so as to endanger the life, limb or property of any person or animal. No person shall allow his or her saddle or pack animal to stand un- attended or insecurely tied. SECTION 602 . GATFS . Tiny person opening a gate shall close the sarr,e, after passing through it. Paae seven SECTION 603 . T-117SPASSRS. The following acts, among other thing-, , to be unlavful by Section 602 of the Pena! C',or.lie of California. 603 . 1 Willfully opening, tearing down, or otherwise destroying any fence on the enclosed land of another, or opening any gate, bar or fence of another and willfully leaving it open without the written per- mission of the owner, or maliciously tearing down, mutiliating or destroying any sign, signboard, or other notice forbidding shooting on private property. 603. 2 Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of inter- fering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his/her agent or by the person in lawful possession. 603. 3 Entering any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands without the written permission of the owner of such land, his/her agent or of the person in lawful possession, and (a) Refusing or failing to leave such lands imme- diately upon being requested by the owner of such land, his/her agent or by the person in lawful possession to leave such land, or (b) Tearing down, mutilating, or destroying any sign, signboard, or notice forbidding trespass or hunting on such lands, or (c) Removing, injuring, unlocking, or tampering with any lock or any gate on or leading into such lands , or (d) Discharging any firearm, or (e) Refusing or failing to leave land, real proper- ty, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his/her agent, or the person in lawful possession thereof. Page eight CHAPTER VII-- PARK USES : COM4ERCIAL/REVENUE SECTION 700 . SOLICITTNG. ' No person shall solicit, sell, hawk, or otherwise peddle any goods, wares, merchandise, liquids , edibles for human consumption on District land except by concession or written permission granted by the Board. SECTION 701 . GRAZING. No person shall permit cattle , sheep, goats, or any animal to graze on any District lands except with written permission of the Board. SECTION 702. HARVESTING. No person shall plant, cultivate, or harvest any agricultural crops on District lands except with written permission of the Board. SECTION 703. COMMERCIAL FILMING. No person shall operate a still or motion picture, video or other camera for commercial purposes on District lands except pur- suant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. CHAPTER VIII PARK. FEATURES: PROTECTION SECTION 800. ANIMALS, HUNTING, FISHING. 800. 1 General. No person shall hunt, molest, disturb, injure, trap, take, net, poison or harm any kind of animal, whether living or dead, or remove, de- stroy or in any manner disturb the natural habitat of any animal. 800. 2 Fishing. No person shall take, net, molest, dis- turb, injure, poison or harm any fish without a permit expressly authorizing such activity. SECTION 801. ANIMALS . 801. 1 Because it is the District' s policy to avoid si- ruption of wildlife on District lands, no dog, cat, or similar animal, even if leashed, shall be per- mitted on District lands, except for seeing-eye dogs for the blind in areas designated by the Board. 801 . 2 11xce tion --,. Pursuant to a permit, a person, may ride, use or keep a saddle horse, pony, riul - or -cirri.mal on designat,_�(_Al District lan, :; . Pla--- suant to d lease, lic-,ease or other entitle-.ent (_)4: Page nine use granted by the Board, a person may keep or rl-iise cattle, horses, sheep or other livcs-'Cacl-, (--)n &,sigral- Ced District lands. SECTION 802. ABANDONED ANIMALS. No person shall abandon a dog , cat, fish, fowl, or other animal on District lands. SECTION 803. PLANTS . No person shall damage, injure, collect, or remove any plant or tree or portion thereof, whether living or dead, including but not limited to flowers, mushrooms, bushes, vines , grass, turf, cones and dead wood located on Distrct lands. (See also Penal Code, Section 384a) . SECTION 804. GEOLOGICAL FEATURES. No person shall damage, in- jure, collect or remove earth, rocks, sand, gravel, fossils, minerals, features of caves, or any article or artifact of geological interest or value located on District lands. SECTION 805. ARCHEOLOGICAL FEATURES. No person shall damage, injure, collect or remove, any object of paleonto- logical, archeological or historical interest or value located on District lands. (Penal Code Sec- tion 6222) . SECTION 806. SPECIAL PERMISSION. Special permission (Section 103) may be granted to remove, treat, disturb, or otherwise affect plants or animals or geological, historical, archeological , or paleontological materials for research, interpretative, educational or operational purposes. SECTION 807. DEFACEMENT OF PROPERTY. No person shall cut, carve, paint, mark, paste, or fasten on any tree, fence , wall, building, monument, or other property on District lands, any bill, advertisement, directional or informational signs, or inscription whatsoever. CHAPTER IX - DISTRICT LANDS OPERATIONS : GENERAL SECTION 900. LITTERING (Penal Code Section 374) . 900. 1 Definitions: Littering; Waste Matter. (a) Littering means the willful or negligent throw- ing, dropping, placing, depositing, or sweep- ing, or causing any such act , of any waste mat- L.er on Di.strict lands, in oth,-.�r than aonropriate storage containers or arear, t-Jos.icT.1-iated for SUch T')�_I'rpos'es . Page ten (b) Waste matter means discarded, used, or left- subsC-ance including , but not 1J,,,-,-tJ'L-t-ed to, a lighted or nonlighted cigarette, cir_,ar, match or any flaming or flowing material , or any garbage, trash, refuse, paper, container, packaging or construction material , carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard. 900. 2 Littering or Dumping. No person shall litter or cause to be littered any District lands, or dump or cause to be dumped any waste matter in or upon any District lands. It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks or dirt in or upon any District lands without a permit authorizing such activity. SECTION 901. PARKING: PROHIBITED AREAS. 901. 1 No person shall park a motor vehicle, except an authorized emergency vehicle or when in compliance with the directions of a peace officer, ranger or District employee, in any of the following places: (a) In areas where prohibited by "NO PARKT,�G" signs. (b) On any fire trail. (c) On any equestrian or hiking trail. (d) In such a place or manner as would block or obstruct any gate, entrance, or exit. (e) In such a place or manner as to take up more than one "marked" parking space in any author- ized parking area. (f) In such a place or manner as to block or ob- struct the free flow of traffic. (g) Within 15 feet of a fire hydrant. (h) Adjacent to any curb painted rod. (i) Any District lands after sundown except pur- suant to a valid use permit. SECTION 902. OPERATION OF MOTOR VEHICLES : OFF-ROAD VEHICLES. 902.1 General. No motor vehicle may be operated on Dis- trict lands except on established paved roads that are not closed to the public. Motor vehicle in- cludes, but is not limited to, motorcycles, off- road vehicles, "dirt bikes" , and similar vehicles. 902 . 2 Excep tions. (a) This section shall not apply to an�_-horllzed emergency vehicles. Page eleven (b) This section shall not apply to areas, roads , tr,ai_ls, or i:)atbs whicb -,-,,.av from !-_ime to ti­­ie be sr`L asidc and posted by the 13oard for the use of specifically designated .vehicles . SIECTIOtN 903. SPEED LIMITS . ;.,,To person shall drive a vehicle on District lands at a speed greater than is reason- able or prudent, having due regard for traffic on, and the surface and width of, the road, and in no event at a speed which endangers the safety of per- sons, property, or wildlife, provided, however, that in no event shall a vehicle be driven at a speed greater than the posted speed limit for that area. SECTION 904. ABANDONED VEHICLES. 904. 1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 904. 2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 904 . 3 Abandonment. tIhenever a District ranger has rea Ik - sonable grounds to believe that a vehicle has been abandoned on District lands, the vehicle may be removed as authorized by Vehicle Code Section 22702. SECTION 905. PROHIBITED AREA. To insure the safety and health of persons, to avoid interference in development, construction, and management, or to provide for the security, safeguarding, and preservation of District lands and facilities, the General Manager or an authorized representative may from time to time upon such finding declare an area closed, prohibited, or limited to further entry, and specify the period therefor. If the order is to close an area, the order may include such reasonable classes of persons who may enter therein in the conduct of such Proper activities or official duties as the General Manager or an authorized representative may prescribe. If the order is to limit the number of persons in an area, no person shall enter the area unless specifically authorized by the General 'Manager or an authorized representative. When by order a prohibited or limited are-Ca has lboen so dc.cl,-Ar,-_�d, no sro s�-Aall dur-'Lng th e e f t',-,i'V T.- 0 d L1 I e r 0 r 0 r 0-,A t�_z t 1,1,,D r e?..I i 1 U Pttge� twelve prohibited persons within such area at the time it is so declared shall leave the same without any appreciable delay, and in so doing shall obey and abide by all instructions of the supervising District employee. SECTION 906. DECLARATION OF NOISE POLICY. It is hereby declared to be the policy of the District to prohibit un- necessary, excessive, and annoying noises from all sources subject to its jurisdiction. At certain levels, noises are detrimental to the health and welfare of District land users, and it is in the public interest to systematically minimize such noises. M-75-53 Adw (Meeting 75-7 , Am Agenda item No. 3) (Meeting 75-8 , Agenda item No. 4) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM March 19 , 1975 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: "Friends of the MRPD" Foundation Introduction: At the February 26 , 1975 meeting, the Board of Directors discussed Goals Workshop Follow-Up (report R-75-1 of February 22, 1975) . One item set for further consideration was the concept of a "Friends of the MRPD" foundation. Discussion: Discussion at the March 26 , 1975 meeting might cover at least the following points : 1) Purposes of the proposed foundation 2) Relationship to District's in-house land acquisition program 3) Structure of governing board 4) Mechanism to turn concept into reality 5) Timing of implementation Purposes of the proposed foundation, as I see it, would be the following: a) To raise funds for the purchase of open space through solicitation of gifts of cash, securities, real pro- perty and other assets and through other fund raising activities. b) To act as a holding agent for property that District is unable to purchase at that time, but would be in a position to acquire later, as, for example, in awaiting approvals of grant applications . c) To seek out and receive gifts of open space land within the MRPD and to arrange bargain purchases . If the foundation were to be involved in implementing the above purposes, a high degree of coordination with the MRPD land acqui- sition program would be desirable. The District 's own gifts pro- gram would center around gifts and bargain purchases of open space land within the District. The foundation' s program would concen- trate on item (a) above but also include item (c) , particularly for those instances where a potential donor might be more likely to deal with a private foundation than a public agency. Although the foundation is envisioned to be independent and distinct from M-75-53 Page two the District, the foundation might render services to the MRPD under contract to help defray operating expenses . The District, likewise, is all set up to provide real estate services to the proposed foundation. The governing board, in my opinion, should be separate from and not include MRPD Board or staff members , or at least not more than one such member. A liaison could be established, however. The foundation board would hopefully include people willing to donate the time, energy and determination to accomplish its goals. Interest or expertise in fund raising and charitable contribution tax law would be extremely desirable. There is a large group of citizens who were instrumental and supportive in formation of the District. Although many of these persons are usually involved in other projects, some should be avilable for this particular activity, if properly approached. In order to turn concept into reality, it is suggested that Dir- ectors, or a Board committee, seek out a nucleus of people who would take over the project, find foundation board members and create the foundation. Staff could assist the Directors . Finding the core group is undoubtedly the most difficult step in the pro- cess and one that will require considerable commitment. I would hope that this matter might be pursued in the very near future in the hope that the foundation could be in operation by fall in preparation for the end of the tax year. Recommendation: It is recommended that the Board consider the above ideas, modify them as appropriate and work toward implemen- tation in the near future. HG:jg AAL _c_75-3 low (Meeting 75-8 , f Agenda item No. 5) MIDPENINSULA REGIONAL PARK DISTRICT REPORT April 4 , 1975 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Governmental and Private Liaison Program Background: The Action Plan which was adopted by the Board on March 27, 1974 called for "backburnering" of the proposed Governmental and Private Liaison Program. At the February 2 , 1975 Goals Workshop, there was consensus that more attention should be given to certain aspects of this Program. At the February 26, 1975 meeting, the Board directed the General Mana- ger to prepare a report on ways to improve the Program, with attention to the possibility of increased participation in meetings with other agency officials, further review of agendas, minutes and EIR documents, and the use of citizen monitors. The present report is in response to that assignment. Discussion and decisions made by the Board will be incorporated into the proposed updated Action Plan which is scheduled for presentation on April 23. Discussion: Since there has been considerable previous discus- sion on the Governmental and Private Liaison Program and since its various elements are interrelated in the report (R-74-6 of March 11, 1974) from the General Manager entitled "Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Park District, " the present discussion will focus on the items which were of particular concern in the February meetings referred to earlier. The impacts, in terms of required time, will also be discussed so that new areas of emphasis can be entered realistically. 1. Meetings With Other Public Officials. Direct contact with elected and appointed officials of other agencies appears to be the most effective way of exchanging information on programs and getting on the friendly basis needed for free exchange and early warn- ing on topics of potential District concern. Such con- tacts, whether by lunches, other conferences or phone R-75-3 Page two conversations, already consume considerable time. A typical luncheon meeting may last two hours , may involve two Board members, the General Manager, a second staff member and guests. Further efforts could be made to conduct more such meetings, particularly with officials of cities who have not been previously contacted. Director partici- pation would seem to be important for elected officials. It does not appear possible, however, for the General Manager, Assistant General Manager and Land Manager to spend more time on these activities unless other pro- gram levels are reduced or unless additional help is utilized to free up some time for the above staff mem- bers. Although officials, such as Supervisors, City Council- persons and city managers, are among the most vital contacts, a great deal could be gained by expanded contacts with planning commissioners, planning directors, parks and recreation commissioners, parks directors, and staff members. Not all of the contacts would need to involve District Directors or the General Manager, but could utilize other District personnel. A systematic approach could in fact be instituted for such a program. Tours of District lands with officials have also been suggested as a means of communication. Land management and use policies for specific sites have not yet been adopted by the Board. Since the District may not wish to highly advertise some sites (as a result of adopted policies) , such tours seem premature unless conducted on a small group, low-key basis. Again, a considerable staff time commitment could result from organizing and conducting the tours. 2. Review of minutes, Agendas and CEQA Documents of Other Agencies. At the recent Goals Workshop the Board received a list of public bodies from which we receive agendas and min- utes. The Board has also received a memorandum regarding Review of Notices of Intent and Draft Environmental Impact Reports of Other Agencies (M-74-170, November 20, 1974) . The current review system is not nearly so effective as an early warning system as it is in keeping staff abreast of happenings of other agencies. These items are currently reviewed in the following way: R-75-3 Page three a. Review by secretary to identify items of interest for Assistant General Manager (and General Manager) . Immediate or later action is sometimes needed; it may necessitate alert- ing Director (s) . b. Review by Assistant General Manager, particu- larly items of interest. Items of special interest flagged for General Manager. c. Review by General Manager. d. Filing. The procedure could be expanded to involve Directors by forwarding the document to the Director in whose Ward the item of interest was located. If the item were of citywide or Countywide impact the following list could be used to determine to whom the document should be sent (unless another Director had expressed particu- lar interest) : Los Altos - E. Shelley Mountain View - E. Shelley Cupertino - D. Wendin Los Altos Hills - D. Wendin Palo Alto - N. Hanko Santa Clara County - N. Hanko Sunnyvale - B. Green Los Gatos - K. Duffy Monte Sereno - K. Duffy Saratoga - K. Duffy Even if no further attempts were made to receive addi- tional EIR documents, additional clerical time would be involved in transmittal of agendas, minutes and EIR documents to Directors. One effect would probably be that more of the General Manager' s time would be used in discussing items with Directors and more MRPD agenda items would be generated, with accompanying research, preparation and assignments. 3. Citizen Monitors. Initial discussions have been held with representatives of the League of Women Voters regarding their observer program and the possibility of informational reporting to the District. There seems to be considerable enthusi- asm for a pilot program if the Board expressed interest. This would be a League "Action Tool" and done initially on a volunteer basis. The details of who would receive R-75-4 Page four reports, how they would be acted upon, and who would coordinate the program for the District would have to be worked out. This kind of program would also tend to generate more activity, projects and agenda items for the District. In fact, some League observers might feel let down if the District did nothing but accept the information. Contacts with neighborhood or local political groups seem best carried on by individual Directors rather than with a formalized program involving staff. Conclusion: Previous discussions have indicated that the Dis- trict' s Governmental and Private Liaison Program appears to be very broad and effective, considering the limited resources devoted to it. In fact, the Program, which encompasses an organized effort to communicate with other agencies, seems al- most unique for a governmental agency. If the Program is to expand in any of the above areas - and some of them are exciting possibilities - increased resources would be required or other program levels decreased. Increased staff resources might in- clude a person devoting quarter to half time coordinating the program and/or it might include someone devoting quarter to half time as an administrative aide to the General Manager to help handle administrative matters and make more time available for the Governmental and Private Liaison Program. HG: acc E�-v LS-1;F) C--7 5-8 April 9 , 1975 Meeting 75-8 r111D?F,�"I*TStILA REG101,,7AL PARIK DISTRICT C L A I M S A Amount Name Description 994 439 .64 Curtis Lindsay Inc. Office furniture 995 32 . 01 Norney's Office supplies 996 60 .59 University Art Center Office supplies 997 192 .29 Pacific Telephone Telephone 998 190 . 60 Doidge, Carroll, Deposition Sheffield & Minder 999 72 .15 E. Jaynes Meal conferences $13. 50 Mileage 58. 65 1000 275. 11 Xerox Corporation Duplicating 1001 29 . 68 Altoan Press Clippings 1002 300. 00 U.S. Postmaster Postage meter 1003 4 . 77 Orchard Supply Hardware Field supplies 1004 734 . 58 International Business Typewriter Machines Corporation 1005 2 , 700 .00 Rogers, Vizzard & Tallett Legal services 1006 4 . 00 Stanley R. Norton March expenses 1007 31 . 80 Pitney Bowes Postage 1008 56 . 87 Petty Cash Meal conferences $28 .60 Office supplies 10. 37 Duplicating 13. 00 Vehicle expense 4 . 90 1009 120 .20 Young & Associates Office supplies 1010 7 . 45 The Country Almanac Subscription 1011 16 . 00 Catalyst Sub-scri,,Dtion 1012 153 . 62 Air Photo Co. , Inc. Mural