HomeMy Public PortalAbout19770126 - Agendas Packet - Board of Directors (BOD) - 77-02 __ - - - _.. -----
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M g 77-2
MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
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Board of Directors
A G E N D A
January 26 , 1977 7 : 30 P.M.
Midpeninsula Regional Park District
745 Distel Drive
Los Altos , CA
(7: 30) ROLL CALL
APPROVAL OF MINUTES - January 12 , 1977
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
SPECIAL ORDERS OF THE DAY
(7 : 45) 1. Swearing in of Director - A. Crosley
OLD BUSINESS WITH ACTION REQUESTED
(7 : 50) 2. Report of Goals Workshop Subcommittee - K. Duffy, N. Hanko
and G. Seager
NEW BUSINESS WITH ACTION REQUESTED
(8 :10) 3. Annual Review of Use and Management Plan for Saratoga Gap
Open Space Preserve - J. Olson
(8 :40) 4. Update of Permit Standards and Regulations for Use of Dis-
trict Lands - H. Grench
(a) Report
(b) Ordinance of the Board of Directors of the Midpeninsula
Regional Park District Amending Regulations for Use of
Midpeninsula Regional Park District Lands
(c) Resolution of the Board of Directors of the Midpenisula
Regional Park District Amending System of Permits for
the Use of District Lands ("Permit Standards")
(8 : 55) 5. Proposed Changes in Rules of Procedure
(a) Budget Subcommittee - N. Hanko
(b) Meeting Dates - H. Grench
(9 : 05) 6 . Appointment of Budget Subcommittee - D. Wendin
(over)
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Meeting 77-2
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7. Proposed Lease Agreement with Tele-Communications, Inc.E. Jaynes
INFORMATIONAL REPORTS
CLAIMS
(9 :25) EXECUTIVE SESSION - Land Negotiations
ADJOURNMENT
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M-77-6
(Meeting 77-2 ,
Agenda item No. 2)
MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
January 18 , 1976
TO: Board of Directors
FROM: 1977 Goals Workshop Subcommittee
(K. Duffy, N. Hanko and G. Seager)
SUBJECT: Report of Goals Workshop Subcommittee
The subcommittee met with the General Manager January 17
to discuss a recommended date, location and topics for
discussion for the 1977 Goals Workshop. In our view,
particularly in light of the fact that the Board has in-
creased to seven members , and we now represent a new con-
stituency in San Mateo County, the greatest benefit this
year would be a review of the District' s programs as out-
lined in the Action Plan. Discussion would begin with a
staff review and advice as to the priorities within each
program. Following Board and staff discussions and iden-
tification of issues, the Board may decide there is need
for additional Board policies and/or a change of priori-
ties. We anticipate the initial Board and staff discussion
of each program would be followed by the invitation for
audience comment.
The date we are recommending is Saturday, February 5, 1977 .
Regarding a location our preference is for Syntex Corporation
on Hillview Avenue in Palo Alto, or, as alternatives, Saga
Corporation on Sandhill Road or another location convenient
to the residents of the San Mateo County portion of the
District.
Each Board member is encouraged to submit a list of persons
who they particularly feel should be invited to attend. The
following agenda is recommended:
(over)
1977 Workshop
9 : 30 A.M. Coffee
10 :00 A.M. Land Acquisition - Staff
(a) Identification of Issues - Board and Staff
(b) Discussion of New Directions - Board and
Staff
11:00 A.M. Governmental Liaison and Public Communications
Staff
(a) Identification of Issues - Board and Staff
(b) Discussion of New Directions - Board and
Staff
12 :00 Noon Lunch (bring brown bag) . District will provide
beverages
1:00 P.M. Land Management - Staff
(a) Identification of Issues - Board and Staff
(b) Discussion of New Directions - Board and
Staff
2 :00 P.M. General Administration - Staff
(a) Identification of Issues - Board and Staff
(b) Discussion of New Directions - Board and
Staff
3 :00 P.M. Wrap-Up
3 : 30 P.M. Adjournment
(Audience members will be provided opportunites to comment or
ask questions following initial discussion of each subject
by Board and staff)
M-77-10
(Meeting 77-2 ,
Aff Agenda item No. 3)
16F
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MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
January 20, 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Annual Review of Use and Management Plan for
Saratoga Gap Open Space Preserve
Attached is a report (R-77-5, dated January 20, 1977) , from
J. Olson to me regarding the Annual Review of Use and Manage-
ment Plan for Saratoga Gap Open Space Preserve.
Recommendation: It is recommended that the Board of Directors
1. adopt a Negative Declaration in regard to the plan;
2 . adopt the use and management plan contained therein; and
3. adopt the name Saratoga Gap Area of the Monte Bello Open
Space Preserve.
Further Board policy needs to be developed regarding agency or
private use of District structures and lands. An initial dis-
cussion on this could be held at the upcoming Goals Workshop.
While overall policies are being developed, interim uses for
the developed area could be allowed providing such uses did
not compromise the District's longer-term position. Staff
will return with a more specific interim recommendation as
more information is developed regarding the Civilian Conserva-
tion Corps or city uses.
HG: jg
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R-77-5
(Meeting 77-2
Agenda Item No.3)
MIDPENINSULA REGIONAL PARK DISTRICT
REPORT
January 20, 1977
TO: H. Grench, General Manager
FROM: J. Olson, Land Manager
SUBJECT: Annual Review of Use and Management Plan for
Saratoga Gap Open Space Preserve
Introduction: On November 12, 1975 the Board of Directors of
the Midpeninsula Regional Park District adopted a Use and Manage-
ment Plan for the Saratoga Gap Open Space Preserve (R-75-20,
dated November 6 , 1975) . On May 26, 1976 Interim Use and Manage-
ment Recommendations for an addition to the Preserve were adopted
as part of the pre-acquisition report (R-76-14, dated May 14,
1976) . District planning policy requires that the Use and Manage-
ment Plan be reviewed at approximately yearly intervals in order
to assess changes in vegetative and wildlife communities and
visitors ' needs and to adjust or supplement management policies
to accomodate these changes.
Background: The Saratoga Gap Open Space Preserve consists of
492 acres of land on the summit of the Santa Cruz Mountain range
at the junction of Big Basin Way (State Highway 9) and Skyline
Boulevard (State Highway 35) . Located in an unincorporated por-
tion of Santa Clara County, the Preserve is adjacent to the
Upper Stevens Creek County Park. A variety of plant communities
are represented on the site, including grassland, oak-savannah,
hardwood forest and second growth Douglas fir. (See attached map)
Review of Management Recommendations : Policy recommendations
and physical improvements recommendations incorporated in the
Use and Management Plan adopted for 1976 are reprinted below
for reference. The Interim Use and Management Recommendations
regarding the former Larrus/Gunetti property section of the.
Preserve principally recommended no permits for hiking and eques-
trian use. In the discussion that follows, the item letters
correspond to those used on this page.
R-77-5 Page two
Use and Management Recommendations
for Saratoga Gap Open Space Preserve
Adopted for 1976
Recommendation: The recommendations are divided into two sec-
tions. The first contains specific physical development recom-
mendations which will enhance, protect and improve the overall
functioning of the site. The second section includes broader
policy recommendations which shape and govern use and management.
1. Physical Improvements.
(a) Replace the existing barbed wire fence with a split rail
fence which incorporates a hiking stile located at the
existing parking area. This would cost approximately
$3,000.
(b) Remove major debris on the site, primarily the remains
of one old shed and a wooden platform at the southern
corner of the property.
(c) Erect a sign at the parking area which informs people
that drinking water is available at the Division of
Forestry fire station approximately one half mile north
on Route 35.
(d) Recontour old roadbed which bisects the grassland area
adjacent to Skyline. This roadbed seems to attract
motorcycle and four wheel drive vehicles. This recon-
touring would not be done until the summer of 1976. The
cost would be about $300.
(e) Construct three transects to measure brush encroachment
into the grassland area. The cost would be about $30.
2. Policy Recommendations.
(a) The area should be exempt from entry permits and open
to the public as it has been during the last year.
(b) Great care should be taken to protect the environmental
integrity of the canyon and the northerly trending
ridge; the ridgeline along Skyline Boulevard should be
protected so that no development beyond the existing
trails occurs.
(c) Work with Santa Clara County on implementation of the
Skyline Recreational Corridor concept within the site.
R-77-5 P-,.;.! three
A. Status of Improvements and Management Recommendations :
1. Replacement of the barbed wire fence with a split
rail fence is expected to be completed during the
summer of 1977 .
2. Debris removal from the southern corner of the
property has been completed.
3. Installation of a sign advising the location of
drinking water has been delayed while discussions
continue with Santa Clara County about the
possibility of joint management for portions of
the Preserve.
4. Instead of recontouring the old roadbed to prevent
vehicle access to the site, the access points
were blocked, which has proven to be a successful
and less expensive alternative.
5. The study of encroachment of brush into the grass-
land area has been incorporated into the Stevens
Creek Watershed Research Program being conducted
in cooperation with San Jose State University.
B. Status of Policy Recommendations:
1. Use during the past year has shown that the Preserve
should continue to be open to the public without
any entry permits required. A summary of patrol
records on users of the site is attached as Table 1.
2. The environmentally fragile areas of the Preserve
should continue to be protected from disturbance
by avoiding any development or trail routing
through them.
3 . A route for placement of a trail within the Sky-
line Scenic Recreational Route Corridor within
the site has been selected. Routes around the
knoll on the southeast corner of the site are
alternates depending upon resources and priorities
during construction.
Use and Management Recommendations for 1977:
A. Introduction. The existing policy recommendations con-
tained in the Use and Management Plan for the Saratoga
Gap Open Space Preserve for 1976 have been found to
be in accordance with protecting the site' s natural
resources and public enjoyment of them and, therefore,
R-77-5 age four
should continue to apply for the coming year. New
and amended policy recommendations suggested for 1977
are set forth below under items (4) and (5) .
The specific physical improvement recommendations for
1976 require some deletions because the tasks have
been accomplished.
B. Policy Recommendations:
1. The area should be exempt from entry permits and
open to the public.
2. Great care should be taken to protect the environ-
mental integrity of the designated natural areas
so that no development beyond the existing trails
occurs.
3 . Continue to work with Santa Clara County on imple-
mentation and management of the Skyline Scenic
Recreational Route Corridor.
4. Continue to coordinate with Santa Clara County Park
staff to determine whether the northwestern portion
of the property and the developed facilities should
more appropriately be managed by Santa Clara County.
Since this question of joint management has yet
to be resolved, no long term commitments concerning
use of roads and structures should be made at this
time. Short term (up to one year) recommendations
concerning use of the three residences are made as
follows in a time sequence:
(a) Enter into a lease agreement on a month to
month basis on the one currently occupied
building.
(b) Use the residence area as a District field
office and storage site for trail construction
equipment in use on the Saratoga Gap and Black
Mountain sites .
(c) Allow one or more cities to use the area from
mid-March to the end of August in conjunction
with a camp program. The City of Mountain
View has expressed interest in such a program.
(d) In September begin leasing of up to all three
structures on a month to month basis while
awaiting a decision from the County concerning
joint management.
R-77-5 -age five
An alternative to the above, or later use, would
be use of the structures as a civilian Conservation
Corps camp operated by the State of California Re-
sources Agency working on projects for the MRPD,
State Parks and Recreation Department, Santa Cruz
Mountain Area and County of Santa Clara.
Staff would return to the Board before either alter-
native is implemented.
5. The section of Charcoal Road that is on the site
should be open for use as a through trail to feed
into the Skyline Corridor.
C. Physical Improvements:
1. Replace the existing barbed wire fence with a split
rail fence which incorporates a hiking stile
located at the existing parking area. Estimated
cost: $1,500. (Included in FY 1976-77 budget. )
2. Construct a trail paralleling Skyling Boulevard
as part of the Skyline Scenic Recreational Route
developed in cooperation with Santa Clara County.
Estimated cost: $2, 000. (Included in FY 1976-77
budget. )
D. Name.
It is recommended that the site be known as the Monte
Bello Open Space Preserve, Saratoga Gap Area. When
the question of joint management with Santa Clara
County is resolved, the Preserve will be described in
a brochure on the entire management area which would
include: the Upper Stevens Creek Park; the Monte
Bello Open Space Preserve, Black Mountain Area; and
Saratoga Gap Area.
E. Recommendation.
It is recommended that the attached Negative Declaration
and recommendations contained within this report be
approved by the Board of Directors.
JO:jg
Table 1
Visitor Use of Saratoga Gap Open Space Preserve
for a Period of Nine Months
as Recorded During Ranger Patrol Visits
Spring - Summer Fall - Winter Total Nine Months
Three Months Six Months Nine Months
Visitor Use (4/16/76 - 7/15/76) (10/18/76 - 4/14/76) (10/18/76 - 7/15/76)
Hikers 48 23 71
Vehicles 29 13 42
(one or more
occupant) *
Picnickers 30 30 60
Motorcycles
(one or more
rider) * 3 1 4
Naturalists 0 1 1
Bicycles 0 4 4
TOTAL 110 72 182
Ranger Visits 32 40 72
*Vehicles and motorcycles are those noted parked in the turnouts with occu-
pants or people in the immediate vicinity. Vehicles without occupants have
not been counted.
These figures only reflect users observed by rangers. The actual number of
users is certainly far greater than observed users, and this does not in-
clude the thousands of touring motorists who have enjoyed the scenic area
they are driving through.
f .
MIDPENINSUL,A REGIONAL PARK DISTRICT
NEGATIVE DECLARATION
Title of- Project Annual Review of the' Use and Management Plan
for the Saratoga Gap Open Space Preserve
Description of Project Review of management policies and physical
improvements for 1976 with one addition for 1977 : construction
of a trail paralleling Skyline Boulevard as a link in the Santa
Clara County Skyline Scenic Recreational Route Corridor.
The undersigned member of the Midpeninsula Regional Park Dis-
trict finds that the above 7 ro 'ect has no si nificant im act
P g P
on the environment .
Januar 0_, 1977
Date Staf Member
Reasons for Finding The tecommen_ations contained in the report
are not deemed to have a significant environmental impact. In
most cases trail construction will be in the general area of-a
terrace which was cut for a water pipeline (removed during 1976) .
When other trail construction is required, it will be done so
as to minimize physical change. Regular patrol by MRPD rangers
will mitigate user associated problems .
Preparation of Study or Environmental Assessment By
A copy of the Initial Study is available at the offices of the
Midpeninsula Regional Park District, 745 Distel Drive, Los Altos,
California. A copy of this Negative Declaration shall be -posted
at the District office on the following dates :
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77-11
—Leeting 77-2,
Agenda item No. 4)
MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
January 21, 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Update of Permit Standards and Regulations for Use
of District Lands
Background: On April 9 , 1975, the Board of Directors adopted
Ordinance No. 75-1, establishing Regulations for the Use of
District Lands. In accordinance with Section 200.1 of the
Ordinance, the Board adopted Resolution No. 75-13 on June 25 ,
1975 establishing Permit Standards. Section 30 .0 of the Permit
Standards provides that no permits are required on sites that
are individually listed in the Resolution and in subsequent
amendments (Resolution No. 75-22) .
Discussion: Since adoption of the Ordinance and Permit Stand-
ards, the Board has adopted Land Use and Management Policy Re-
finements (April 14 and 22, 1976) which clarify District
policies on access to sites and permit requirements. The Board
of Directors also has , through its use and management plans
for District sites, not required special permits for equestrians .
Since staff is ready to print a brochure containing Ordinance
No. 75-1, it would be appropriate at this time to resolve
these two minor inconsistencies by amending the Ordinance and
the Permit Standards. The sections of each document which
would be changed presently read as follows:
Ordinance No. 75-1
Section 200 .1 The Board may by resolution, regula-
tion or rule provide for a system of permits and the
issuance thereof, the exemption of certain lands or
classifications of persons therefrom, a system of
fees, and the establishment of other policies in
connection with the administration of a permit sys-
tem.
Unless specifically exempted by such a resolution,
regulation or rule, no person shall enter or remain
on District lands without a permit.
M-77-11 Page two
Section 801.2 Horses and Livestock. Pursuant to
a permit, a person may ride, use or keep a saddle
horse, pony, mule or similar animal on designated
District lands. Pursuant to a lease, license or
other entitlement of use granted by the Board, a
person may keep or raise cattle, horses, sheep or
other livestock on designated District lands.
Resolution No. 75-13
(As Amended by Resolution No. 75-22)
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 instruc-
tions of any District ranger or other authorized
employee shall be obeyed:
a. North Foothills Open Space Preserve
b. Saratoga Gap Open Space Preserve
C. Congress Springs Open Space Preserve
d. The following portions of Black Mountain Open
Space Preserve:
(1) all of Monte Bello Road within the site
(2) the developed spring which feeds Gold Mine
Creek together with reasonable direct access
thereto from Monte Bello Road.
Recommendation: It is recommended that the Board adopt the
following measures, copies of which are attached:
1. An Ordinance of the Board of Directors of the Midpeninsula
Regional Park District Amending Regulations for Use of
Midpeninsula Regional Park District Lands;
2 . A Resolution of the Board of Directors of the Midpeninsula
Regional Park District Amending System of Permits for the
Use of District Lands ("Permit Standards") .
HG:acc
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RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL PARK DISTRICT
AMENDING SYSTEM OF PERMITS FOR THE USE
OF DISTRICT LANDS ("PERMIT STANDARDS") .
The Board of Directors of the Midpeninsula Regional
Park District does hereby resolve that Section 30.0 of "Permit
Standards, Midpeninsula Regional Park District, " adopted June
25, 1975 by Resolution No. 75-13 and amended on September 24 ,
1975, be amended to read as follows:
30 .0 Exempt Lands. No permit is required
for the entry upon or use of District lands
except as may be provided by resolution,
regulation or rule of the Board, or unless
otherwise stated in site use and management
plans adopted by the Board.
i
ORDINANCE NO.
ORDINANCE OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL PARK DISTRICT
AMENDING REGULATIONS FOR USE OF MIDPEN-
INSULA REGIONAL PARK DISTRICT LANDS
The Board of Directors of the Midpeninsula Regional
Park District does hereby ordain that Ordinance No. 75-1 ,
adopted April 9 , 1975, be amended as follows :
Section One. Sections 200 and 200.1 of Ordinance
No. 75-1 shall read as follows :
SECTION 200 . GENERAL REGULATIONS. District
lands shall be open and accessible to all
persons except as may be provided by resolu-
tion, regulation, or rule of the Board or by
individual site use and management plans
adopted by the Board.
200 .1 The Board may by resolution, regula-
tion or rule provide for a system of permits
and the issuance thereof. It may by such
system require permits for the use of certain
lands , the exemption of certain lands or
classifications of persons therefrom, a sys-
tem or fees, and the establishment of other
policies in connection with the administra-
tion of a permit system.
Section Two. Section 801.1 of Ordinance No. 75-1
shall read as follows :
801.1 A person may ride, use or keep a saddle
horse, pony, mule or similar animal only on
portions of District lands designated in site
use and management plans adopted by the Board.
Pursuant to a lease , license or other entitle-
ment of use granted by the Board, a person
may keep or raise cattle, horses , sheep or
other livestock on designated District lands.
ting 77-2 ,
A. -.lda item No. 5 (a) )
Nb
0
MIDPENINSULA REGIONAL PARK DISTRICT
745 DISTEL DRIVE, LOS ALTOS,CALIFORNIA 94022 (415)965-4717
January 15 , 1977
To Board of Directors
From : Nonette Hanko
Subject : Proposed Amendment to Rules of Procedure
Dear Colleagues :
According to our Rules of Procedure ( sec. 1. 82
appointments to the Budget Subcommittee are required to be
made by the president at the next regular meeting following
the election of officers. Dan has expressed to me his desire
to appoint a three-member subcommittee now that the Board
has been enlarged to seven Directors.
Therefore I wish to recommend that the Board amend
section 1. 82 in the two relevant places to provide for a three-
member Budget Subcommittee ( resolution attached ) .
In reviewing the Rules , it was my conclusion that no
other amendments are necessary to reflect the seven-member
Board change.
Sincerely,
*Voft , IL �
Herbert A.Grench,General Manager Board of Directors:Daniel S.Condron, Katherine Duffy, Nonette G.Hanko,William G.Peters,Daniel G.Wendin
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RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL PARK DISTRICT AMENDING
RULES OF PROCEDURE WITH RESPECT TO THE NUMBER
OF DIRECTORS APPOINTED TO THE BUDGET SUBCOMMITTEE
The Board of Directors of the Midpeninsula Regional Park
District does hereby resolve as follows:
Section One. Section 1. 82 of the Rules of Procedure
(adopted 12/10/75 by Resolution No. 75-25) is amended
to read as follows:
1. 82 Budget Subcommittee. The Budget
Subcommittee shall be a standing subcom-
mittee, composed of three Board members
appointed at the regular meeting following
the meeting at which officers of the Board
are elected. The Treasurer shall be one
of the three members of the Budget Subcommittee.
M-77-7
(Meeting No. 77-1,
Agenda item No. 5 (b) )
MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
January 17 , 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Changes in Rules of Procedure
The Board will be considering N. Hanko' s memorandum (M-77-6,
dated January 17 , 1977) concerning changes in the Rules of Pro-
cedure to create a third Budget Subcommittee position.
This may be the appropriate time to consider another change
in the Rules, namely, that relating to Board Regular Meeting
times. The second Regular Meeting in November occurs the evening
before Thanksgiving. This has brought some unfavorable comment
from members of the public because persons often either are
busy with Thanksgiving preparations the evening before or are
making an early departure for an out-of-town holiday.
One possibility might be to change the second November meeting
to the fourth Tuesday, for example. This would make it more
complex to state and have the public remember the Board' s meeting
dates; it is now simple to say or write "the second and fourth
Wednesday of each month." As an alternative, and perhaps as
a trial, the official date could be unchanged but as Thanksgiving
approached, the meeting could be rescheduled. If this is to
be done, then it would be wise to set a tentative date of, say,
Tuesday, November 22, 1977 this year so persons could schedule
the date.
HG: jg
M-77-9
AA (Meeting 77-2 ,
law Agenda item No. 6)
I"IDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
January 14 , 1977
TO: Board of Directors
FROM: D. Wendin, President
SUBJECT: Appointment of Budget Subcommittee
Introduction: The Board' s adopted Rules of Procedure
call for a standing Budget Subcommittee, composed of
three Board members, who are to be appointed at the
January 26 meeting. The Treasurer, Nonette Hanko, is
designated as one member.
Recommendation: With your consent, I will appoint Harry
Turner and Edward Shelley as the second and third members.
DGW:jg
AA,
AW 7-4
(Meeting 77-2 ,
Agenda item No. 7)
MIDPENINSULA REGIONAL PARK DISTRICT
REPORT
January 20 , 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Proposed Lease Agreement with Tele-Communications, Inc.
Background: On October 8 , 1975 , the Board adopted a resolution
authorizing the acquisition of 68 acres of land as an addition to the
existing Fremont Older Open Space Preserve. All of the properties
comprising the 68 acres have been acquired by the District with
the exception of the 19 .6 acre Maurantonio-Gregory site, on
which negotiations have not yet been concluded.
Discussion: There is currently a lease agreement between Tele-
Communications , Inc. , which maintains cable TV facilities on
the property, and Messrs. Maurantonio and Gregory. Although the
property is now undergoing eminent domain proceedings, this
company would not be involved in the litigation because the
District has agreed to allow the continued existence of the
cable T.V. facilities on the site under the same terms and con-
ditions of the existing lease.
Attached is a copy of a proposed lease agreement between Tele-
Communications, Inc. and the District, which is almost identical
to the existing lease except that the District would become the
lessor. You will note that section 9 , page 3 of the lease states
that the terms of the lease shall not commence until the District
obtains title to the property. Consequently, at this time it
is recommended that you approve the lease for content and author-
ize the General Manager to inform the lessee that the District
agrees with the terms of the lease. The lessee would then be
in a position to enter into a stipulation with the property owners
and the District excluding the lessee from any litigation on
the property.
The lease would run for a period of eight years with an option
by lessee to extend the term for an additional five years. The
rental rate is $2500 per year to be adjusted for cost-of-living
if the five year option is taken. Lessee is responsible for
R-77-4 Page two
any taxes , maintenance or liability in connection with its use
of the site. The area affected is approximately 0.813 acres
with the right of ingress and egress . At the termination
of the lease, lessee may at its own expense remove the facili-
ties , or they would become the property of the District, or
the District may demand that lessee remove all improvements
from the site. The District is not responsible for any reloca-
tion costs in this transaction.
Recommendation: It is recommended that the Board approve the
lease agreement for its content and authorize the General
Manager to inform the lessee that the District agrees with the
terms of the lease.
HG:acc
LEASE
THIS LEASE is executed in duplicate on January
10, 1977, between the MIDPENINSULA REGIONAL PARK DISTRICT,
referred to herein as "Landlord, " and PENINSULA TV POWER, INC. ,
a California corporation, referred to herein as "Tenant. "
WITNESSETH
1. The property to be leased herein is a portion of a
larger property located in Cupertino, California, acquired by the
Landlord by the exercise of its eminent domain authority.
2. The Tenant, prior to the acquisition by the Landlord,
was in possession of the property to be leased herein under a
lease agreement with the former owner.
3. Tenant is a cable television operator and intends to
lease the approximately .813 acres of land from the Landlord for
the purpose of erecting and maintaining an r-_atenna and relay station
to receive television signals to be transmitted to Tenant' s tele-
vision studio facilities, and from there to subscribers of Tenant' s
television service.
4. Tenant has previously erected an antenna system and
has the approval and permits from the appropriate governmental
agencies. As to any future improvements to the property for this
purpose, Tenant will secure any necessary additional approval and
permits for the antenna site.
5. The existing improvei",_- T_s ere _- )y Tenant on the
leased property at the time of the acquisition of the property by
the Landlord, or any improvements hereinafter constructed on the
leased property by the Tenant, shall remain the property of Tenant
with the righ_ of rem,::val Lt any time.
6. Landlord intends to use the remainder of its real
property as a regional open, sr---
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7. In consideration of the Tenant agreeing to the
cancellation of the lease with the former owner and waiving
any claim of interest in the land acquired in condemnation
action Santa Clara County No. 346-374 , entitled Midpeninsula
Regional Park District vs . Vito Maurantonio and Mary Maurantonio,
et al. , and any claim for compensation in this proceeding for
the improvements erected and owned by Tenant in that pro-
ceeding; and further waiving any claim for relocation costs
under section 7260 , et seq. , of the Government Code, Landlord
leases to Tenant, and Tenant hereby leases from Landlord, on
the terms and conditions set forth, those certain premises
situated in the City of Cupertino, County of Santa Clara,
State of California, described as follows :
"All that certain real property situate in the
City of Cupertino, County of Santa Clara, State
of California, and being a portion of Parcel "A"
as said Parcel is shown on that certain Record of
Survey, a map of which is recorded in Book 184
of Maps at Page 48, Santa Clara County Records,
described as follows:
BEGINNING at a point on the easterly line of
said Parcel "A" , distant thereon North 0 0 15 , 001,
East, 434.17 feet from the southeasterly corner
of said Parcel "A" , said point being also the
northeasterly corner of that certain 4 . 500 acre
parcel described in the Deed recorded in Book
6737 of Official Records at Page 433 , Santa
Clara County Records; thence, along the north-
easterly line of said 4 . 500 acre parcel, North
760 52140" West, 205.16 feet; thence, leaving
said northeasterly line of said 4 . 500 acre
parcel, North 00 15 ' 00" East, 154 . 30 feet; thence
South 890 45 ' 00" East, 200 . 00 feet to a point
on the easterly .line of said Parcel "A" ; thence
southerly, along said easterly line of Parcel
"A" , South 00 15100" West, 200 . 00 feet to the
Point of Beginning.
CONTAINING 0. 813 acres of land, more or less. "
8 . The premises are leased to the Tenant for
the purpose of erecting, maintaining and operating its
antenna and relay station to receive and transmit television
signals and for related or incidental purposes.
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9 . A. The term of this lease shall be for eight
(8) years, commencing on the date on which Landlord obtains
title to the above described premises, and ending eight (8)
years thereafter, unless sooner terminated as herein provided.
B. Tenant shall have one (1) option to -extend the
term of this lease for a period of sixty (60) months, upon all of
the terms, covenants and conditions herein contained, except as
to rent.
C. The said option shall be exercised by written
notice delivered to the Landlord not less than six (6) months
prior to the expiration of the term hereby demised.
D. Tenant agrees to pay to Landlord, in cash or its
equivalent, a rental of $2,500 per annum. Such rental shall be
paid in equal monthly installments in advance on the first day of
each calendar month during the term of this lease, or any renewals
or extensions thereof, at such place as the Landlord may, from time
to time, designate in writing.
The basic monthly rental will be $209 and there
will be a cost-of-living increase based upon the purchasing
power of the dollar as measured by the United States Bureau
of Labor Statistics Quarterly Consumer Price Index (all Items)
for San Francisco- for April, 1969. At the inception of the
P P
lease-extension period, the monthly rental shall be determined
by computing the increase, if any, of the Consumer Price
Index, from the date of commencement of this lease to the date
of commencement of such renewal terms, and the monthly rental
of $209 shall be adjusted--by the same percentage. At each
succeeding one-year interval of the lease-extension period, the
monthly rental for the premises shall be adjusted by the same per-
centage as said Index figure has increased or decreased. Should
said Consumer Price Index be discontinued or revised by the Bureau
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of Labor Statistics, the formula above provided shall be
converted to any new or changed Index in accordance with
principles released by said Bureau to the end that rental for
the extended period will be increased or decreased in pro-
portion to changes in the cost of living in the San Francisco
area. In no event shall said increase(s) exceed a rental
rate of $405 per month.
E. If the Tenant shall hold over with or without
consent of Landlord after the termination of this lease or
of any renewal or extension thereof, such holding over shall
be treated as a month-to-month tenancy, a monthly rental no
less than that provided for in subparagraph D above relating
to the rent during the extension term, and shall include,
in addition thereto, all tax increases as provided for in
Paragraph 14 herein.
10. Tenant shall have the option to terminate this
lease if any municipal, state or federal authority shall issue
any order or orders , or take any action impairing Tenant 's
right or ability to continue the operation of its cable
television system. Tenant may exercise said option by
giving to the Landlord at least sixty (60) days ' notice in
writing of its election so to terminate this lease, and
thereupon this lease shall terminate on the day appointed
by such written notice, without further liability on the part
of the Landlord or the Tenant to the other, respectively.
11. If Tenant performs all the terms of this lease
Landlord warrants that Tenant, at all times during the lease
term and any extension or renewal thereof, will have quiet
enjoyment and peaceful possession of the demised premises
without interruption or disturbance by the Landlord or of
any other person claiming through the Landlord.
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12. This lease and all rights of the Tenant hereunder
are and shall be prior and paramount to the lien of any deed of
trust or mortgage which may now or hereafter affect the Landlord' s
interest or reversion in the demised premises or any part thereof,
and the Landlord warrants that any lien of any existing deed of
trust on the fee will be released or validly subordinated to this
lease and to all rights of the Tenant hereunder.
13. A. Tenant shall have the right at any time and
from time to time during the term of this lease to make, at its
sole cost and expense, improvements on the demised premises. Tenant
shall notify Landlord of any intended improvements so that Landlord
may exercise its right to post appropriate, notices of non-responsibility.
B. Any such improvements shall be completed without
avoidable delay, in good and workmanlike manner and in compliance
with all permits and authorizations required by applicable building
and zoning laws and with all laws, ordinances, orders, rules,
regulations and requirements of all federal, state and municipal
governments, departments, commissions, boards and officers, or any
other body hereafter exercising functions similar to those of the
foregoing,
C. The cost of any such improvement shall be paid
by Tenant promptly, and Tenant shall keep the demised premises at
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all times free of liens for labor and materials supplied or claimed
to have been supplied in connection with such improvements .
D. Tenant shall provide Workmen' s Compensation
Insurance covering all persons employed in connection with such
improvements and with respect to whom death or bodily injury claims
could be asserted against Landlord, Tenant or the demised premises.
E. Landlord shall have the right to post appropriate
notices of non-responsibility for any such improvements undertaken
by Tenant. ,
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F. Any and all improvements and all fixtures
placed, erected or installed by Tenant upon the demised
premises , whether or not affixed thereto, shall be deemed to
be trade fixtures and the personal property of Tenant.
Tenant shall have the right to remove such improvements
and fixtures at any time during or upon the termination of
the term of this lease, and any renewal or extension there-
of, provided all damage thereby caused to said premises
shall be repaired by Tenant. Landlord may elect to keep
such improvements as Tenant does not remove, and Tenant
shall convey title theic�o upon Landlord' s request. Tenant
shall , if Landlord so demands at the end of this lease, within
60 days , remove all of said improvements or such of said
improvements as requested by Landlord.
14. A. Tenant agrees to pay all lawful taxes, assess-
ment or charges which at any time may be levied by any
federal, state, county, city, or any tax or assessment
levying agency upon any interest in this lease or any
I
possessory rights which Tenant may have in or to the premises
covered hereby, or the improvements thereon , by reason of its
use or occupancy thereof or otherwise, as well as all taxes ,
assessments and charged on goods , ' merchandise, fixtures,
appliances , equipment and property owned by it in or about
said premises .
B. Tenant , at its own cost and expense, may
undertake by appropriate proceedings to review any tax
assessments for any fiscal tax year occurring after the base
tax year. Any document required to enable the Tenant to
prosecute any such proceeding shall be executed and deliver-
ed by the Landlord on reasonable demand. Tenant , however, shall
indemnify the Landlord for any cost and other charges re-
quired to be paid in or by any such proceeding.
15. Tenant shall save Landlord harmless and indemnify
him from and against all liability or claim for and on
account of injury, loss or damage to any person or property while on th
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demised premises or arising out of the use or occupancy of the
demised premises by Tenant, or arising out of any act or omission
of Tenant, its agents, employees or contractors (unless caused
by the act, negligence or default of Landlord, its employees,
agents, licensees or contractors, or occasioned by any nuisance
made or suffered by LL dlord on the demised or adjoining premises) .
Tenant shall maintain in full force policies of comprehensive public
liability insurance with limits of $100,000/$300,000 and property
damage insurance in the limits of $10,000. in companies qualified
to do business in the State of California, insuring Landlord as
well as Tenant against liability for injury to persons or damage
to property arising as hereinabove provided. Tenant shall deposit
with the Landlord certificates of such insurance at or prior to
the commencement of the term, and thereafter not less than ten (10)
days prior to the expiration of any such policy. Such policies
shall, to the extent obtainable, provide that the policies may not
be cancelled without at least ten (10) days ' prior written notice
to the Landlord. Such insurance may be maintained by Tenant under
a blanket policy or policies covering other locations of the in-
sured or those of its parent, subsidiaries or affiliates .
16. Landlord shall not be required to furnish any
service to the leased property, and Tenant shall pay all charges
for gas, electricity, water, light, heat, power, and other services
used in or about or supplied to the leased property, and shall
indemnify the Landlord against any liability on such account.
17. A. The Tenant shall not assign or sublet all or
any portion of the leased property without the prior written con-
sent of the Landlord, which consent shall not be unreasonably
withheld, provided that the Tenant may assign this lease without
the Landlord' s consent to any business organization affiliated
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41
with the Tenant or to any business organization with or into
which the Tenant may merge or consolidate, or to any business
organization which acquires substantially all of the Tenant 's
operations .
B. Upon any valid assignment of this lease, as
provided for herein, the Tenant shall not be relieved of any
obligation to Landlord because of the assignment.
18. Tenant shall have, during -the term of this lease
or any extension thereof, a right of ingress and egress over
the existing road on Landlord' s remaining real property to
the demised premises or such road as it may be relocated
by Landlord from time to time, and shall further have a
fifteen foot right of way across Landlord's remaining
real property for maintaining the existing power/cable line.
19. Each provision hereof shall be deemed both a
covenant and a condition and shall run with the land. When-
ever the context of any provision shall so require, the singular
number shall include the neuter or feminine genders.
Obligations hereby imposed upon Landlord shall be joint and
several.
20. The provisions hereof shall inure to the benefit
of and be binding upon the respective heirs , legal representa-
tives , successors and assigns of the parties hereto.
21. All notices or requests required by this lease shall
be given in writing. Notices to Landlord shall be addressed
or delivered to the person and the address last designated by
Landlord for payment of rent. Notices to the Tenant shall be
addressed as follows :
PENINSULA TV POWER, INC. cc:TETl,-COMMUNICATIONS, INC.
591 West Hamilton Avenue Call Box Number 22595
Campbell, California 95008 Wellshire Station
Denver, Colorado 80222
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22 . Landlord is a public agency and, in such capacity,
from time to time provides relocation assistance to individuals .
Landlord, however, shall not provide any relocation assistance
services or benefits to Tenant at any time as part of this lease
or upon termination of this lease.
IN WITNESS WHEREOF, this lease has been duly executed
in duplicate as of the day and year above written.
LANDLORD: TENANT:
PENINSULA TV POWER, INC.
I
W. R. Bra al
Executive Vice President
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Revised
C-77-2
January 26, 1977
Meeting 77-2
MIDPENINSULA REGIONAL PARK DISTRICT
C L A I M S
n Amount Name . . . . . . . . Description
635 $241.25 Cynthia M. DiGiovanni Professional Services
636 33.90 Schuermen Home Service ' Plumbing Services
2637 35.31 P. G. & E. Utilities
!639 104.11 Pargas Utilities
2640 64.36 Peninsula Conservation Center Library
Gift Shop
641 7.40 Valley Oak Bookstore Library
6$2 ` 25.56 Bekins Van Lines Co. Relocation Expense
j Permanente Creek Park
�643 137.49 Bekins Van Lines Co. Relocation Expense
Permanente Creek Park
�645 44.68 •~ Edward Jaynes Out of Town Meeting Expense
2646 11.20 County of" SaritayClara ---District Vehicle Expense
'647 4. 50 U. S. Department Library
of Transportation
?648 10.03 Pargas Utilities
R649 93. 20 Mobil Oil Corp. District Vehicle Expense
M 50 67.85 Carroll Harrington Private Vehicle Expense
Meal Conference Expense
!652 147.34 Shell Oil Co. District Vehicle Expense
>_653 57.96 Garehime Corp. Field Tools
2654 466 .71 Pacific Hardware & Steel Co. Field Tools & Supplies
!655 106.00 State of California Public Special Valuation
Employees' Retirement System
!656 420.00 Rogers, Vizzard & Tallett Professional Services
?658 40 .00 Lisa Anderson Professional Services
659 220.00 Cynthia M DiGiovanni Professional Services
660 200 . 00 Steve Kunin Professional Services
661 2,200 .00 Castellanos Associates Appraisal Services
62 87 .81 Sakrete of California, Inc. Field Supplies
663 473. 08 Moore Business .Forms, Inc. -Printing
!664 28. 75 Alvord and Ferguson Field Supplies
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MIDPENINSULA REGIONAL PARK DISTRICT
C L A I M S
I # Amount Name Descri2tion
2665 $ 96.36 Petty Cash Office Supplies
Field Supplies
Meal Conference
Private Vehicle
District Vehicle
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