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M
Manuscript. (1) Bodies or groups of personal papers. (2) Collections of documents acquired from various sources according to a plan. (3) Individual documents acquired by a manuscripts repository because of their special importance. (Society of American Archivists)
N
National Environmental Policy Act of 1989 (NEPA). (42 U.S.C. 4321-4327 (1969) (amended)). Created a process by which to analyze significant environmental impacts, including impacts to historical resources, for federally funded or licensed actions.
National Historic Preservation Act of 1966 (NHPA). (16 U.S.C. 470 (1966) (amended)). Established the National Register of Historic Places. Created a partnership between federal, state, and local agencies to extend the national historic preservation programs to properties of state and local significance.
National Register Criteria. The federally established standards for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
National Register of Historic Places, The. (16 U.S.C. 470a, 36 C.F.R. Parts 60, 63). The official inventory of districts, sties, buildings, structures, and objects significant in American history, architecture, archeology, and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 (16 U.S.C. 461-467 (1935) (amended)) and the National Historic Preservation Act of 1966 (16 U.S.C. 470 (1966) (amended)).
Nomination. A formal application, submitted to the State Historical Resources Commission, for listing an historical resource on the California Register of Historical Resources.
O
Object. Manifestations that are primarily artistic in nature, or are relatively small in scale and simply constructed. The "object" may be a fixture (real property) or movable (personal property). Although it may be movable by nature or design, an object must be associated with a specific setting or environment. The "object" should be in a setting appropriate to its significant historical use, role or character; for example, a fountain or boundary marker.
Officer. The State Historic Preservation Officer (SHPO) is appointed by the Governor under the authority of Public Resources Code Section 5020.6. The SHPO serves as the Chief Administrative Officer of the Office of Historic Preservation and Executive Secretary of the State Historical Resources Commission. The SHPO administers state and federally mandated historic preservation programs under the authority of the National Historic Preservation Act of 1966, Section 101(b)(3), (16 U.S.C. 470 (1966) (amended)) and Cal. Pub. Res. Code Section 5024.
Owner. Those individuals, partnerships, corporations, or public agencies holding fee simple title to a resource. The term does not include individuals, partnerships, corporations, or public agencies holding easements or less fee simple interests, including leaseholds.
P
Penal Code, Section 622.5. Provides misdemeanor penalties for every person, other than the owner, who injures or destroys objects of historical or archeological interest located on public or private lands.
Point of Historical Interest. The California Point of Historical Interest Program (Cal. Pub. Res. Code Section 5021) is a state historical resources registration program, established in 1965, which provides official recognition for historical resources that are significant at a county or regional level, but do not quality for designation as California Registered Historical Landmarks.
Preservation (treatment). The act or process of applying measures to sustain the existing form, integrity, or historic fabric of an historical building or structure, or the form or vegetative cover of an historic site. It may include stabilization work, as well as ongoing maintenance of the historic fabric.
Preservation Commission. A city or county board of appointed citizens with assigned responsibilities for surveying, designating, and protecting historical resources. May also be called an historic review board, design review board, landmarks commission, or cultural heritage commission.
Primary Number. The number used to identify and retrieve records regarding a specific site in the California Historical Resources Information System. The Primary Number describes the location of a resource in the same manner as a Site Trinomial Number.
Protection (treatment). The act or process of applying measures to affect the physical condition of an historical resource by guarding it from deterioration, loss, or attack by natural causes, or to cover or shield it from threat of danger or harm. In the case of buildings or structures, these measures are usually temporary; however, with regard to archeological resources, protective measures may be temporary or permanent.
Public Resources Code, Section 5097.5. Defines as a misdemeanor the unauthorized disturbance or removal of archeological, historical, or paleontological resources located on public lands.
R
Reconstruction (treatment). The act or process of reproduction through construction the exact form and detail of a vanished building, structure, or object, or any part thereof, as it appeared at a specified period of time.
Recordation. Section 27288.2 of the Government Code and Section 5029 of the Public Resources Code require the County Recorder to record a certified resolution of historical resources designation containing the name of the current property owner, the historical resources registration program, the designating entity, the specific historical resources designation, and a legal description of the property.
Regional Information Center. An Information Center of the California Historical Resources Information System, under contract to the Office of Historic Preservation, which receives, manages, and provides information on historical and archeological resources. "An Information Center" may also provide training or technical assistance on a fee-for-service basis.
Registration. A program by which an historic resource is documented, evaluated, and determined eligible or nominated for listing as a type of historical resource. Such programs may be local, state, or national.
Rehabilitation (treatment). The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.
Research Design. Reveals the logic that will be used to direct identification, documentation, investigation, analysis, or treatment of an historical resource that identifies the goals, methods and techniques, potential results, and the relationship of the potential results to other proposed activities or treatments.
Resource, Contributing. A resource which by location, design, setting, materials, workmanship, feeling, and association adds to the sense of historical authenticity, historical development, or value of an historical resource.
Resource, Non Contributing. An historical resource which does not add to the sense of historical authenticity or evolution of an historic property or where the location, design, setting, materials, workmanship, history, and/or association of the historical resource have been so altered or deteriorated that the overall integrity of that resource has been irretrievably lost.
Restoration (treatment). The act or process of reproducing the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time.
S
Secretary of Interior Standards. Identified in the Secretary of the Interior Standards and Guidelines for Historic Preservation Projects (36 C.F.R. 67), with accompanying interpretive guidelines, which are utilized by federal agencies in the preservation of historical properties that are listed, or are eligible for listing, on the National Register. They are also used by some State Historic Preservation Offices in evaluating projects proposed as historical resources in accordance with federal regulations; or by local governments, organizations, and individuals in making decisions about the identification, evaluation, registration, or treatment of historic properties. The Secretary of the Interior's Standards for Rehabilitation is aimed at retaining and preserving those features and materials which are important in defining the historic character of an historical resource. Technical advice about archeological and historic preservation activities and methods is also included in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation.
Site. A location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing building, structure, or object. A "site" need not be marked by physical remains if it is the location of a prehistoric or historic event and if no buildings, structures, or objects marked it at that time. Examples include trails, designed landscapes, battlefields, habitation sites, Native American ceremonial areas, petroglyphs, and pictographs.
Site Record. A document which describes the characteristics and location of a site, and which has been completed for entry in the California Archaeological Site Inventory.
Site Trinomial Number. A site registration number assigned by the Office of Historic Preservation to a specific archeological resource under which all documentation for that resource will be recorded.
Stabilization (treatment). The act or process of applying measures designed to establish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property, or one which has the potential to deteriorate or to become unsafe, while maintaining the essential form as it exists at present.
State Historic Preservation Officer (SHPO). See Officer.
State Historic Resources Inventory. Compilation of all identified and evaluated historical resources maintained by the State Office of Historic Preservation. It includes all those historical resources evaluated in surveys that were conducted in accordance with criteria established by the Office (see Appendix B) and were thereafter determined eligible for, or listed in, the National Register of Historic Places or designated as California Registered Historical Landmarks, California Points of Historical Interest, or the California Register of Historical Resources.
State Historical Building Code (SHBC). The State Historical Building Code is contained in Part 8 of Title 24 (State Building Standards Code) and applies to all qualified historical structures, districts, and sites designated under federal, state, or local authority. It provides alternatives to the Uniform Building Code in cases consistent with building regulations for the rehabilitation, preservation, restoration, or relocation of qualified historic structures designated as historic buildings.
State Historical Landmarks. The California Registered Historical Landmarks Program (Cal. Pub. Res. Code Section 5021) is a state historical resources registration program which was created in 1949 to recognize historical resources with regional and statewide significance to the history of California
State Historical Resources Commission (SHRC). Commission appointed by the Governor under Public Resources Code Section 5020.4 and 5020.5. The SHRC has broad responsibilities for the statewide historic preservation program that include conducting a statewide inventory of historical resources, establishing criteria for evaluating historical resources, and conducting public hearings to develop and review a statewide historical resources plan.
Statement of Significance. An organizational format which groups information about related historical resources based on theme, geographic units, and chronological period. The information should describe why the resource is significant within a relevant historic context.
Structure. A construction made for a functional purpose rather than creating human shelter. Examples of structures include mines, bridges, and funnels.
T
Tax Certification. A provision of federal tax law which, under certain conditions, allows money invested in capital rehabilitation to be deducted from income taxes owed. See those provisions for certified National Register structure which are included in the Economic Recovery Act of 1981 (Internal Revenue Code Section 48, 168, 170, and 280B).
Traditional Cultural Properties. A geographic area or historical resource that embodies important cultural values. It may contain landscape characteristics that are the tangible evidence of the activities and habits of the people who occupied, developed, and shaped the land to serve their needs, or it may include several categories of properties. It may also contain, or consist primarily of, natural features which are important in a religious or belief system.
U
UTM Coordinates. A set of metric coordinates (easting and northing) that indicate a unique location according to the Universal Transverse Mercator grid appearing on maps of the United States Geological Survey.
s 4900. Definitions.
As used in these regulations, the terms listed below shall have the meanings noted:
(a) Act. "Act" means the Land and Water Conservation Fund Act of 1965, 78 Stat. 897, authorizing the Secretary of the Interior to provide financial assistance to the State for outdoor recreation purposes.
(b) Bureau. "Bureau" means the Bureau of Outdoor Recreation, U.S. Department of the Interior.
(c) Fund. "Fund" means the Land and Water Conservation Fund, created by the Land and Water Conservation Fund Act of 1965, and monies made available there from to the State of California.
(d) Program. "Program" means the Land and Water Conservation Fund Program under which monies are made available through the State Liaison Officer to state and local agencies for outdoor recreation purposes.
(e) State Liaison Officer. "State Liaison Officer" means the state officer designated by the Governor to administer the Land and Water Conservation Fund and Program for the State of California. The State Director of Parks and Recreation has been so designated and given authority by the State Legislature to serve as the State Liaison Officer.
(f) Department. "Department" means the Department of Parks and Recreation.
(g) Applicant. "Applicant" means any public agency or political subdivision of the State eligible for, and applying for, assistance under this Program. For the purposes of this Program, eligible State agencies are the Departments of Fish and Game, Navigation and Ocean Development, Parks and Recreation and Water Resources. Eligible local agencies are cities, counties, recreation and park districts and certain special districts whose authority permits the acquisition, development, operation and maintenance of public parks and recreation areas.
(h) Annual Apportionment. "Annual Apportionment" means that amount of funds allocated during any one fiscal year by the Secretary of the Interior and made available to the State of California under this Program.
s 4901. Authority.
Articles 1 through 3, Chapter 1.9, Division 5 (Sections 5099 through 5099.11) of the Public Resources Code and other provisions of law provide the authority to enable the state and its local governmental agencies and subdivisions to participate in the Program, instruct the Director to maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the State and give the Director the authority to administer the Program.
s 4902. Allocation of Funds.
The annual apportionment will be allocated among state and local agencies in such proportions as may be determined by the State Liaison Officer, acting in accord with applicable rules and regulations established by the Bureau and other provisions of law. The following principles shall generally apply to this allocation:
(a) That part of the annual apportionment made available to local agencies shall be allocated among eligible projects in accordance with the needs and priorities established by the California Outdoor Recreation Resources Plan and the requirements hereof.
(b) Funds for statewide planning purposes shall be allocated to state agencies only.
(c) Up to 10 percent of the current annual apportionment may be reserved, at the discretion of the State Liaison Officer, for contingency purposes. These contingency purposes may include unanticipated increases in project costs and for special projects for which matching funds become unexpectedly available, or for which matching funds will expire. All contingency funds unexpended in any one fiscal year shall be added to and allocated in the general annual allocation the following fiscal year. Funds retained for contingency purposes need not conform to the provisions of Sections 4903 and 4904 herein.
s 4903. Project Criteria.
Projects for which applications are submitted must meet criteria established by the Heritage Conservation and Recreation Service as set forth in the Service's Grants-In-Aid Manual and amendments thereto. They must also meet the following Eliminating and Ranking Criteria:
(a) Eliminating Criteria. The eliminating criteria are applied to determine whether or not the project is eligible. In order to be considered further, the applicant must meet all of the following:
(1) As of the annual deadline, a substantially complete application must be submitted or your project will not be considered for funding. Applications which are technically complete in all aspects by the deadline will receive bonus points. A technically complete application is defined in the most current Procedural Guide, Part 1, Application Procedures. If the application is not technically complete in all aspects as of the date that the State Liaison Officer selects projects (usually in November), the application will not be considered eligible for funding.
(2) As of the annual deadline, the applicant must have an assured source of eligible matching funds. The matching funds are defined as any and all funds available to the applicant not derived from the Wildlife Restoration Fund, Harbors and Watercraft Revolving Fund, and the California Water Resources Development Bond Fund.
(3) As of the annual deadline, the applicant must have adequate tenure to the land to be developed (development projects only). (Adequate tenure will consist of either fee title, without encumbrances which would have an adverse effect on the project, or a fully executed lease or easement of sufficient duration and adequate to receive full value from the project facilities developed by the grant).
(4) The project for which grant funds are requested must increase the project's ability or capacity to serve outdoor recreation purposes.
(b) Ranking Criteria. The second level of the selection process involves the application of ranking criteria to those proposals that survive the elimination process.
In implementing this process, State Law (Chapter 986, Statutes of 1977) requires that the Local Agency share be split in a Statewide ratio of 50% to regional projects, and 50% less-than-regional projects. For the purposes of program administration, projects will be classified as either regional or less-than-regional and compete separately within each planning district for one-half of the Planning District allocation. Several factors will be considered in the determination of the regional/less-than-regional designations:
Acreage. In general, a project of 50 acres or more will be considered regional, less than 50 acres will be considered less-than-regional. Acreage alone will not be the deciding factor. In some cases a less than 50 acre site may be classified as a regional project and a 50 acre or larger site may be considered less-than-regional.
Physical Characteristics. The presence of any significant scenic or resource values would tend to indicate a regional designation.
Intended Use. The proposed facilities and/or purpose of the project will be analyzed to determine whether the project is, or will be upon development, capable of attracting visitors from a community or a regional service area.
The final decision on the regional/less-than-regional designation of a project will be based on these factors and be made by the State.
If the dollar amount of all projects is greater than the available funds within each planning district, they will be evaluated and ranked according to the following criteria (conversely if there are more funds available to a planning district than required, the projects will not necessarily be funded unless they are considered high priority by the State Liaison Officer):
(1) Development grant requests for facilities that are to be constructed at a recreation area that provide opportunities for multiple recreational activities (two or more separate and distinct activities) will be given a higher priority than grant requests for projects that provide activities for a single purpose or specialized uses that serve only a limited segment of the public.
(2) Development grant requests for projects that will provide for basic facilities will be given a higher priority than grant requests that will provide for more elaborate facilities. Elaborate facilities are defined as overly ornate, overdesigned, superfluous, or otherwise excessive. It is not the intent of this criterion to discourage high-quality, innovative projects.
(3) Development grant requests for projects that will provide new facilities and opportunities in either new or old parks will be given higher priority than grant requests for projects that will provide for the replacement or rehabilitation of existing usable recreational facilities.
(4) Grant requests for projects that, in the judgment of the State Liaison Officer and his staff, can be completed expeditiously (generally 2 1/2 years) will be given higher priority. Points will not be awarded to other projects not meeting this criteria.
Factors considered to determine an applicant's ability to complete a project will include, but not be limited to: The applicant's performance on previous grant projects, both federal and state; the applicant's ability to operate and maintain existing parks; involvement of other jurisdictions and regulatory agencies; public involvement; the steps already taken to implement the project at the time of application; the magnitude and complexity of the project.
(5) Grant requests from public entities, who have designated a major organizational unit with a full-time primary responsibility for the provision of parks and recreation areas and/or facilities, will be given higher priority than requests from governmental units whose primary function is other than parks and recreation.
(6) Acquisition grant requests from an applicant that has a preliminary title report by the annual application deadline will be given a higher priority.
(7) Grant requests for projects that will serve the greatest need will be given high priority. Regional projects will be evaluated separately from less-than-regional projects. Competing projects will be evaluated against the following criteria:
(A) For Regional Projects:
1. Population Density. Priority will be given to projects that serve high density residential areas. The population residing within the effective service radius will be used for evaluation. The effective service radius will be uniformly applied within each planning district.
2. Proximity of Population Masses to Project. Priority will be given to projects that are in closest proximity to densely populated areas as compared to other competing projects.
3. Developed Facilities. Priority will be given to projects that serve areas with the least number of existing developed facilities per 1,000 population (use-features) within the effective service radius. (Development projects only).
4. Park Acres. Priority will be given to projects that serve areas with the least amount of existing comparable recreational acreage per 1,000 population within the effective service radius. (Acquisition projects only).
5. Access. Priority will be given to projects that are readily accessible from freeways, expressways, major routes of recreation travel or public transportation.
(B) For Less-Than-Regional Projects:
1. Population Density. Priority will be given to projects that serve the highest population densities. Population residing within a one-mile radius of less-than-regional projects will be used.
2. Access. Priority will be given to projects that provide for the best public access. This will be judged by the adequacy of public transportation services and the presence of physical barriers (freeways, railroad tracks, flood control channels, etc.) that may restrict immediate access.
3. Developed Facilities. Priority will be given to projects that serve areas with the least number of existing developed facilities (use features) within the appropriate service area of the proposed project. Only recreation facilities of the same nature as those contemplated in the proposed grant project will be considered. (Development projects only).
4. Park Acres. Priority will be given to projects that serve the least number of existing recreation acreage within the appropriate service area of the proposed project. (Acquisition projects only).
5. Low Income Areas. Priority will be given to projects that serve the outdoor recreation needs of low income families.
(c) Additional S.L.O. Selection Factors: The above seven ranking criteria will be applied to all eligible projects. Although a final score will be determined for each competing project, that score may not necessarily be the sole factor in determining the funding of a project. The final decision to fund a project will be based upon informed judgement and at the discretion of the State Liaison Officer. The following additional factors will be taken into consideration to determine the final rating of a project.
Generally, preference will be given by the S.L.O. to projects:
(1) Which have a reasonable cost/benefit ratio.
(2) Where there is an urgency for acquisition and where delay will cause a loss of recreation opportunities in the future.
(3) Which relate directly to state and planning district priority for Land and Water Conservation Funds in CORRP.
(4) Where the applicant has not been previously funded. Also, where the per capita share of Land and Water Conservation Funds in the county where the project is located is less than the State's per capita average.
(5) Where the dollar amount requested is reasonable in relation to the total dollars available to the planning district.
(6) Where a greater geographical spreading of funds will be achieved within a planning district.
(7) Where the applicant has an adopted master plan of park and recreation areas that includes the project for which funds are being sought.
(8) Which have innovative and/or unique, natural, or scenic features.
(9) Which make provisions for handicapped and underprivileged, above and beyond those required by law.
(10) Which have the ability to attract visitation from beyond the applicants normal service area.
Note: Authority cited: Section 5003, Public Resources Code.
s 4904. Priorities Among Eligible Projects.
Projects adhering to federal criteria and meeting the criteria set forth in Section 4903 will be selected for submission to the Bureau for funding as follows: (a) Equal consideration will be given urban and rural areas. (b) Equal consideration will be given to the funding of state and local agencies.
(a) Within the funds made available to individual state agencies by the State Liaison Officer, each eligible state agency will determine those projects for which applications will be submitted to the Bureau.
(b) Within the funds made available for local projects by the State Liaison Officer and in accordance with paragraph (a) of Section 4902, the State Liaison Officer will select from the applications submitted by local agencies those projects for which applications will be submitted to the Bureau.
s 4910. Application Format.
Applications for assistance under this Program shall be prepared in such format and contain such information as the State Liaison Officer shall determine. Procedure guides for preparation of such applications shall be made available upon request from interested agencies.
s 4911. Submission of Applications.
Applications shall be submitted by such deadlines as may be established by the State Liaison Officer.
(a) All eligible state and local agencies will be notified of such deadline.
s 4920. Availability and Disbursement of Funds.
Funds available under this program shall be disbursed pursuant to the terms and conditions of a contract, called a Project Agreement, between the State Liaison Officer and the applicant. The Project Agreement is a document separate from the application and the form thereof shall be determined by the State Liaison Officer.
s 4930. Application; Form and Content.
Applications for both block grants and grants based upon need shall be prepared and submitted as set forward in the "Procedural Guide and Program Criteria for the Roberti-Z'berg Urban Open-Space and Recreation Program," as published from time to time by the Department of Parks and Recreation.
Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
s 4931. Resolution of Applicant's Governing Body.
An applicant shall include with the application one copy of its resolution authorizing the application to be made and specifying its agents for negotiation and execution of grant documents.
Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
s 4932. Certification by Legal Counsel.
The application shall include the certifications by legal counsel required by Public Resources Code Section 5626(c).
Note: Authority cited: Section 5625, Public Resources Code. Reference: Section 5626(c), Public Resources Code.
s 4933. Compliance with CEQA.
Documents prepared by an applicant in conformance with the California Environmental Quality Act shall be submitted to the State Clearinghouse prior to or at the same time as the application is filed.
Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
s 4934. Reports to State.
Grant recipients shall submit reports of the grant annually on a date to be specified by the Department, including, but not limited to, the percentages of grant funds expended, the percentage of projects completed with description of the completed portions and any departures from the project schedule set forward in the application, with the reasons therefor.
Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
s 4935. Matching with Goods and Services.
Grants for development may be matched by non-monetary contributions of goods and services supplied by the applicant, a third person, or by gift.
(a) Goods in the form of equipment, whether applicant owned, purchased, leased, or donated will be valued on a use basis in accordance with actual costs of purchase or lease or on a depreciation schedule in accordance with applicant's normal accounting practices or prevailing costs of goods if donated. Equipment rental rates adopted by the California Department of Public Works may be used as a guide. Residual market value of purchased equipment shall be credited to projects costs upon completion.
(b) Goods in the form of supplies and material will be valued at either actual direct costs to applicant or, if capitalized as part of a structure or item of equipment used on the project, that cost reasonably attributable to the projects, or if donated according to prevailing costs.
(c) Services will be valued in the actual amounts of salaries, wages and direct overhead costs, expended on the project.
(d) Volunteer services may be furnished by professional and technical personnel, consultants, and other skilled and unskilled labor. Each hour of volunteered service may be counted as matching share if the service is an integral and necessary part of an approved project. Records of in-kind contributions of personnel shall include time sheets containing the signature of the person whose time is contributed and of his supervisor verifying that the record is accurate.
(e) Rates for volunteers should be consistent with those regular rates paid for similar work in other activities of the State. The time of a person donating his services will be valued at the rate paid as a general laborer unless he is professionally skilled in the work he is performing on the project (i.e., plumber doing work on pipes, mason doing work on a brick building). When this is the case, the wage rate this individual is normally paid for performing his service may be charged to the project. A general laborer's wages may be charged in the amount of that which the city or cities in the immediate area pay their city employees for performing similar duties.
Note: Authority cited: Sections 5620-5632, Public Resources Code. Reference: Sections 5620-5632, Public Resources Code.
s 4950. Definitions.
(a) "Director," as used herein, means Director of Parks and Recreation of the State of California.
(b) "General Manager" means the General Manager of the California Exposition and State Fair.
(c) "Cal-Expo" means the California Exposition and State Fair.
(d) "Person," as used herein, shall be construed to mean and include natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
(e) "Animal" is any animate being not human, which is endowed with the power of voluntary motion.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4951. Use of Facilities, Payment.
No person shall use or occupy the grounds or facilities for the use of which a fee has been established by the General Manager, unless he has first paid such fee. This shall not apply to state officers and employees on official business nor to persons excepted by the General Manager.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4952. Litter.
No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes, waste paper, cans, or other litter on the premises of Cal Expo except in a receptacle designed for that purpose.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4953. Fires.
No person shall light, build, use, or maintain a fire on the premises of Cal Expo unless authorized by the General Manager.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4954. Dogs; Animals.
(a) No person shall bring, permit to enter, or possess a dog or other animal on the premises of Cal Expo unless authorized in writing by the General Manager.
(b) A dog or other animal authorized on the premises of Cal Expo shall be on a leash of no more than six feet in length and under the immediate control of a person or confined to a vehicle unless authorization is to the contrary.
(c) A person authorized to bring or possess a dog on the premises of Cal Expo shall present proof that the dog has a valid license or rabies inoculation, except for dogs under five months old.
(d) No person authorized to possess a dog or other animal on the premises of Cal Expo shall not permit it to remain outside a trailer, mobile home, recreational vehicle, or other enclosure during the night.
(e) Subsections (a) and (b) shall not apply to a "seeing eye" dog used to guide a blind person there present, provided that the dog remains under the immediate control of the blind person and is not disturbing to other persons.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4955. Dangerous Weapons.
No person shall carry or transport, in any manner, dangerous weapons or articles in or upon the buildings or grounds of Cal Expo. Such weapons or articles shall include, but not be limited to, any instrument commonly known as a blackjack, sling shot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, a pistol, revolver, or any other firearm, any knife having a blade longer than four inches, any razor with an unguarded blade and any metal pipe or bar, and any substance which can be exploded or burned in a manner which might produce bodily injury or damage to Cal Expo properties. The prohibitions of this section do not apply to persons carrying or transporting such items in connection with their duties as State employees or to persons conducting any other legitimate business, or service on Cal Expo premises.
All such items shall be confiscated and shall not be returned until the person carrying or transporting such items leaves the buildings and grounds of Cal Expo.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4956. Assembly.
No person shall conduct or attend an assembly or public demonstration unless approved by the General Manager upon a finding that such activity would not substantially interfere with the use of the Cal Expo facilities by the general public.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4957. Closing.
No person shall enter or be present in any portion of Cal Expo after closing hours or in any area designated closed, unless authorized by the General Manager.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4958. Alcoholic Beverages.
No person shall possess or consume any alcoholic beverage on the premises of Cal Expo which was not obtained from an authorized concessionaire located at Cal Expo unless authorized in writing by the General Manager.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4959. Soliciting.
No person shall solicit, sell, hawk, or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or distribute circulars on the premises of Cal Expo, unless authorized in writing by the General Manager.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4960. Speed Limit.
No person shall drive a vehicle within the grounds of Cal Expo at a speed greater than is reasonable or prudent, having due regard for the traffic on, and the surface and width of, the road, and in no event at a speed which endangers the safety of persons, property, or animals, provided however, that in no event shall a vehicle be driven at a speed greater than 15 miles per hour.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4961. Vehicles -Operation, Stopping, Parking, Removal by Peace Officers.
(a) No person shall operate any vehicle, negligently or willfully in such a manner as to harass, endanger, or injure any person or animal.
(b) No person shall operate, stop or park a vehicle, except on a designated road or parking area, nor operate or park a vehicle on the premises of Cal Expo after closing hours.
(c) Any peace officer with concurrent jurisdiction on the premises of Cal Expo or any member of the California Highway Patrol or any Cal Expo peace officer is authorized to cause the removal of a vehicle from the premises of Cal Expo under the provision of the Vehicle Code including, but not limited to, Section 22659, or Cal Expo regulations contained herein.
(d) All individuals operating vehicles on the grounds of Cal Expo shall be properly licensed to operate such vehicles in accordance with the California Vehicle Code. The General Manager may authorize certain types of vehicles to be operated on the grounds of Cal Expo by other than licensed operators.
(e) No person shall operate or ride a bicycle, scooter, skateboard or other operator-propelled device on the grounds of Cal Expo unless authorized in writing by the General Manager.
Note: Authority cited: Food and Agricultural Code, Section 3324.
s 4970. Application of Chapter 15.
Chapter 15 applies only to grant and cooperative agreement applications received by the Off-Highway Motor Vehicle Recreation Division before January 1, 2006.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.64(1) and (2), 5090.04, 5090.05, 5090.10 and 5090.11, Public Resources Code.
s 4970.00. Definitions.
The words used in this chapter have the following meanings:
(a) "Administrative Costs" means those costs and/or functions performed outside the direct scope of the project such as personnel, time keeping, accounting, fiscal management, records and purchasing.
(b) "Allocation" means a distribution of funds, or an expenditure limit established for an organizational unit or function.
(c) "All-Terrain Vehicle (ATV)" means any vehicle as defined by California Vehicle Code Section 111.
(d) "Application" means a compilation of required documents to support a request for funding under the OHMVR Division's grants and cooperative agreements program for proposed project(s).
(e) "Application Instructions" means directions for completing an application for an OHV grant or cooperative agreement found in Chapters 1, 2 and 3 of the Manual for Off-Highway Motor Vehicle Recreation Local Assistance Grants, Grants to Nonprofit Organizations and Educational Institutions, and Cooperative Agreements Program, dated April 2005.
(f) "Appropriate District" means one that has clear legal responsibility for open space, recreation, parks, and resource related activities that are land based.
(g) "Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose.
(h) "Audits and Annual Performance Review" means elements to be reviewed by the Department of Parks and Recreation staff as part of a comprehensive program review conducted of grantees.
(i) "Buffer" refers to lands or physical barriers acquired or established contiguous to, or in the vicinity of, existing or proposed off-highway motor vehicle recreational activities to protect plant and wildlife habitat, soils, view sheds, or reduce noise and other effects on development in the surrounding area for the purpose of sustaining off-highway motor vehicle recreation use.
(j) "C&E" means a specific account that includes conservation, restoration, and enforcement activities as defined in PRC Sections 5090.64(a) and (b)(1) & (2).
(k) "CEQA" means the California Environmental Quality Act, Public Resources Code (PRC) Section 21000 et seq.; Title 14, California Code of Regulations (CCR) Division 6, Chapter 3.
(l) "Casual" means non-competitive OHV recreation.
(m) "Certified" means a document that has been reviewed, approved, and signed by both the grantee and the Division.
(n) "Commission" means the Off-Highway Motor Vehicle Recreation (OHMVR) Commission.
(o) "Conservation" means activities, practices, and programs that sustain soil, plants, wildlife, and their habitat, and natural and cultural resources as referenced in PRC Sections 5090.10, 5090.35 and 5090.50.
(p) "Construction" means the act of building or assembling using different parts, materials, or elements in an ordered manner including, but not limited to physical barriers, trail building, roads, facilities, hardening of stream crossings, fencing, sediment control structures, and facilities landscaping.
(q) "Cooperative Agreement" means an agreement between the Division and a federal agency, or a federally recognized Native American tribe.
(r) "Cultural Resources" are associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; are associated with the lives of persons important in our past; embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or has yielded, or may be likely to yield, information important in prehistory or history. Cultural resources also include Historical Resources. A resource shall be considered by the lead agency to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources (PRC Section 5024.1, Title 14 CCR, Section 4852).
(s) "Deliverables" means the specific proposed tasks, activities to be performed, or accomplishments contained within each application.
(t) "Deputy Director" means the manager of the California Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division.
(u) "Development" means the construction of new, and/or improvement of, existing facilities, trails, or areas to provide additional opportunity, experiences, or services.
(v) "Director" means Director of the California Department of Parks and Recreation.
(w) "Division" means the Division of Off-Highway Motor Vehicle Recreation (OHMVR) of the California Department of Parks and Recreation.
(x) "Educational Institution" means a public or private preschool, elementary, or secondary school, college or university, or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools in accordance with Section 210.1 of the Education Code.
(y) "Environmental Document" means a document prepared in accordance with NEPA or CEQA.
(z) "Federal Agency" means a unit of the federal government.
(aa) "Federally Recognized Native American Tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village pursuant to Title 25, Code of Federal Regulations (CFR) Section 83.5(a).
(bb) "Fiscal Audit" means elements to be reviewed by the Department of Parks and Recreation Audit Office staff as part of a comprehensive project agreement review conducted of grantees.
(cc) "Fund" means the Off-Highway Vehicle Trust Fund as created by subdivision (c) of Section 38225, CVC.
(dd) "Grant" means an agreement between a local agency, educational institution, or nonprofit organization.
(ee) "Grantee" means any city, county, appropriate district, nonprofit organization, educational institution, federal agency, or federally recognized Native American tribe receiving OHV grant or cooperative agreement funds.
(ff) "Law Enforcement" means the employing, equipping, and supervising of law enforcement personnel for the purpose of protecting natural, cultural, and human resources; enforcement of Division 16.5 (commencing with Section 38000) of the California Vehicle Code (CVC); enforcement of PRC Sections 4442 and 4442.5, off-highway vehicle related search and rescue; and the enforcement of other laws regulating the equipment and use of off-highway motor vehicles.
(gg) "Law Enforcement Personnel" include officers or employees of the grantee who have the authority and duty to enforce statutes or ordinances, issue citations, or arrest persons for violations. For purposes of this section, "ordinance" includes an order, rule, or regulation enforceable under the authority of the grantee.
(hh) "Local Agency" means a city, county, or appropriate district.
(ii) "Long Term" means at a minimum, 25 years.
(jj) "Maintenance" means the work required to ensure effective and efficient use of physical facilities, OHV recreation opportunities, and the protection of natural and cultural resources.
(kk) "Monitoring" means data collection used by a land-management agency and/or the Division to make appropriate decisions.
(ll) "NEPA" means the National Environmental Policy Act pursuant to United States Code (U.S.C.) Title 42, Section 4371; 40 Code of Federal Regulations (CFR) part 1500.1 et seq.
(mm) "Nonprofit" means an organization having tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code.
(nn) "Off-Highway Motorcycle" means any vehicle as defined in CVC 400 or 436, when such motor vehicle is operated on land to which this Division (CVC 38001) has jurisdiction.
(oo) "Off-highway Vehicle Operation" means the operation of motorized vehicles on lands, roads, trails, areas, or private property that is approved for OHV use, that is open, and accessible to the public, and has been designated for motor vehicle use.
(pp) "OHV" means an off-highway motor vehicle as specified in CVC Section 38006 and street-licensed motor vehicles while being used off-highway.
(qq) "OHV Opportunities" means providing areas that allow legal OHV recreation.
(rr) "Operation" means the staff and equipment required for site administration, visitor services, supervision, and assistance.
(ss) "Project" means the work to be accomplished, either proposed or approved, with funding through an OHV grant or cooperative agreement.
(tt) "Project Agreement" means a contract executed to formally implement an approved project.
(uu) "Regional OHV Facility" means a facility, primarily for casual use, providing a wide variety of OHV opportunities for a wide range of OHV interests, that is 500 or more acres with a population of 500,000 within a 150- mile radius or three-hour travel time, and with the potential to become financially self-sustaining in accordance with criteria adopted by the Commission pursuant PRC Section 5090.51(b). (continued)