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