HomeMy Public PortalAbout19770810 - Agendas Packet - Board of Directors (BOD) - 77-20 'ting 77-20
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Regular Meeting
Board of Directors
A G E N D A
August 10, 1977 7 : 30 P.11.*
L 'Aidpeninsula Regional Open Space District
745 Distel Drive
Los Altos , CA
(7 : 30) POLL CALL
EXECUTIVE SESSION - Land Negotiations
(8 :00) APPROVAL OF MINUTES - july 27 , 1977
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COM1,1UNICATIONS
OLD BUSINESS WITH ACTION REQUESTED
(8 :15) 1. Fremont Older Open Space Preserve Ranchhouse Lease K.
Duffy and D. Wendin
(8 : 30) 2. Monte Bello Open Space Preserve Addition (Eldridge Property)
- H. Grench
(a) Report
(b) Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Authorizing Acceptance
of Agreement to Purchase Real Property, Authorizing
Officer to Execute Certificate of Acceptance of Grant
to District, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Monte Bello Open Space
Preserve Addition - Eldridge Property)
(8 : 45) 3. Meeting with San Mateo County Parks and Recreation Commission
- H. Grenc'n
NEW BUSINESS WITH ACTION REQUESTED
(8 ., 50) 4 . Proposed Land and Water Conservation Fund Application - H.
Grench
(a) Report
(b) Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Approving Application
for Land and Water Conservation Funds (Baylands Park
Acquisition Project)
(over)
Meeting 77-20
Page two
(9 : 00) 5. Proposed Legislative Subcommittee - 14. Hanko
(a) Report
(b) Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Amending Rules of
Procedure to Add a Legislative Subcommittee as a
Standing Subcommittee of the Board of Directors
(9 :10) 6. Property Tax Relief - N. Hanko
(9 :20) 7. Cancellation and Possible Rescheduling of August 24 Meeting
11. Grench
(9 : 25) 8. Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving Certificate of
Authority of Officers (United California Bank) -- Fi. Grench
(9 : 30) INFORMATIONAL REPORTS
CLAIMS
(9 :40) EXECUTIVE SESSION - Personnel Matters and Land Negotiations
ADJOURN14ENT
*Note that public portion of meeting is expected to commence at 8 :00 P.M.
WRITTEN C01UMUNICATION
(Meeting 77-20)
August 11 , 197T
Midpeninsula Regional Open Space District
745 Distel Drive
Los Altos, California 94022
Dear Members of the Board:
Please oppose the leasing of the Fremont Older house.
As many of you know, Observers for the League of Women
Voters are not to voice opinions on matters before the
Board. Therefore, I am resigning as Observer so that I
might state to you several reasons why you should not
accept Mr. \Levine 's proposal to restore the Fremont Older-
home.
You would be allowing a private citizen to take over-
public land with little benefit to the public for a long
period of time. Is not one of the purposes of historical
preservation to enable the public to enjoy a building or
site? Yet, over the next quarter century this house will
only be seen once a year.
The house would have to be almost totally rebuilt,
and as a taxpayer I object strongly to someone building
their house on public property to live in for twenty five
years. How old will you be when this property is returned
to the taxpayers?
Should not an effort be made to preserve only buildings
which are in harmony with the goals of preserving the
land as open space? After all , why are you saving open
space? Your Master Plan speaks of guiding urban form,
recreation, preserving vegetation, etc. It states , "In
this commercial mechanized society, one of the most
rewarding experiences can be the escape from the noise
and pressures of an urban center to the peace and quiet
of unspoiled open spaces. Here where there is little
development and few people, an individual may rejuvenate
body and spirit. . . " It appears from this you are seeking
to get army from houses, people and concrete and preserve
things in the natural envoirnment.
i
Along these lines , the exterior of the Fremont Older
house does not give me a feeling of escape from modern city
life. Some buildings can increase the value of your land
as open space by giving this feeling. The buildings at
the Picchetti Ranch carry one back in time with a feeling
of being off in some solitary spot. It is hard to believe
one is on the edge of Cuptertino. Please go out of your
way to preserve only those buildings which add to the
value of the land as open space.
A house with a people presence to it certainly will
not add to the value of the surrounding land but have a
definite negative impact on the open space atmosphere of
the site. You are not taking possession of a deserted
museum on top of the hill now. For twenty five years there
will be a residence at the main access to the site with
people, cars and probably barking dogs to keep intruders
away. That two acres will not have the same serenity it
does now.
Some of you have said public access is no problem as
this is only two acres of some 600. 1 feel it is a very-
important two acres. It is the only public access to
the Preserve. I have visited the spot several times with
families having young children. We have enjoyed hiking
up the trail from the parking lot and exploring the old
garden walls of the ranch house and the adobe. This has
made a nice outing. To hike further on down the steep
hills off the haystack area is very impractical with young
children. Retaining the ranch house as a private
residence will ruin a wonderful recreational aspect of
the site that the taxpayers have already paid for.
It is unwise for the District to relinquish control
over this property. There is a potential for endless
problems for staff and future boards. The buy out option
is certainly one to accept if the lease is pursued, but
it is not an easy out. You have agreed the taxpayers
should not pay for the restoring of the house now. What
is the price the taxpayers would pay for the house in five
years? In ten? Most likely it would take a large amount
of dissatisfaction with the situation to warrent this-
expenditure. As a result, if the lease agreement proves
- unsatisfactory, the staff and board would be left to
continue with a possibly difficult situation. The District
is too young to gamble on this expenditure of money or
staff time.
One Board member has asked what one would do with a
musuem in the middle of an open space preserve? I trust
some practical considerations on the future use of the
site have been thought through by Board members. For
example, would someone always need to live on the premises
to secure the property? Would the road be straightened
for school buses? ghat would be the costs to maintain the
property?
If any of the arguments presented above suggest to
you that leasing the property is not in the best interests
of the District, then I would remind you that your first
commitment is to the taxpayers of the District who expect
you to manage their lands and invest their money in the
best way possible.
Sincerely,
Geri Albers
925 Arbor Rd.
Menlo Park, California
94025
WRITTEN COMIJUNICATION
-(Meeting 77-V0)
ti
Edward D.Landels Earl Landels,Ripley&Diamond
Philip F—Diantond John
Now W Hyman J, I Eowdy Attomeys 925 L Sueet,Suite 970
Frederick M.Bownall JohnM.Anderson SWIRIVICIVIOXaMornis 95814
James F.Feutz 450 Pacific Avenue (916)441-3105
Thomas W.Kemp San Francisco,California 94133
Wilh=R.J`hscoc James A.Moewe
Byron"Usey Fredrick M.Wooster,Jr. (415)7W5000
William A-Falik Yaroskv Sochr&y
H L.Leiderman =Z�tlackft—,Jr.
1=715am U .
Howard D.Ned Paul D.Gutierrez
Bruce WLaidlaw .on Ejowe July 27, 1977
Stephen C.Lewis David F.Durham
Herne Wagmseil Frank A.Konecrry
Richard C.CaJ6n Carol sang"
John E.NkNeW David C.Spidberg
Robert B.McLerman
Donald E.Bums
Of Counsel
The Honorable Board of Directors
Midpeninsula Regional Park District
745 Distel Drive
Los Altos, California 94022
Re: "Master Plan"
Dear Directors:
This firm represents two private landowners, Mobil
Oil Estates (Redwood) Limited ("Mobil (Redwood) ") and Mobil
Oil Estates (Bair Island Investments) Limited ("Mobil (Bair) ")
whose properties are located in the extreme northeastern
portion of the Midpeninsula Regional Park District.
Your recently published draft "Master Plan" shows
the lands of Mobil (Redwood) as open space lands having the
highest composite rating. Despite your acknowledgment
that Mobil Oil Estates is an important private landholder
within the MRPD (Master Plan at p. 10) , our clients advise
us that their only contact with your staff was in response to
a general request for donations of land. In consequence, they,
as we, are unaware of the facts and the evaluation process upon
which your rating was based.
We believe that the lands of Mobil (Redwood)
serve little or no open space functions, as defined
on your plan map. Our conclusion is based upon the following
Landels,Ripley&Diamond
The Honorable Board of Directors
July 27, 1977
Page two
compelling facts :
1. The Redwood City General Plan which governs land
use classifies the subject lands for urban development,
predominately residential and commercial.
2 . The Regional Plan of the Association of Bay
Area Governments classifies the subject lands as "predominately
residential. "
3. The subject lands, part of a planned community
development known as "Redwood Shores" , constitutes a
considerable portion of the land tax base of Redwood City
General Improvement District No. 1-64, whose funding needs
include debt service on $16 million of issued and outstanding
general obligation bonds, maintenance and operation of
District facilities, and potential debt service on authorized,
but unissued, general obligation bonds in excess of $100 million.
4. Substantial expenditures by Redwood City, the
General Improvement District and the landowner have been
made over a 13 year period in reliance upon the planned
future development of the subject lands for urban land uses
consistent with the Redwood City General Plan.
5. The subject lands are virtually devoid of any of
r
Landels,Ripley&Diamond
The Honorable Board of Directors
July 27, 1977
Page three
the open space functions listed by you in your "Master Plan. "
Each of these five factors applies in varying degree
to the lands of Mobil (Bair) , particularly that portion
located to the southwest of Corkscrew Slough.
Please consider this letter as a formal comment and
response on behalf of our clients. We request your
reconsideration of the ratings which you have assigned to
their lands and, in this regard, recommend staff consultation
followed by all rights of notice and opportunity to be heard.
Respectfully submitted,
HARRY A. JACK O ,
i
pf
WRITTEN COMMUNICATIO�
(Fleeting 77-2d) r AUG $ 1971
RECEIVED
iSARATOGAetyc� f
INCORPORATED 1956 --C,_; 13777 FRUITVALE AVENUE, SARATOGA. CALIFORNIA 95070
(408) 867-34 38
August 5, 1977
Board of Directors
Midpeninsula Regional Open Space District
745 Distel Drive
Los Altos, CA 94022
Dear Board Members:
The Saratoga City Council, upon the recommendation of the Parks and
Recreation Commission, has taken action to support the 1977 Draft
Master Plan of the Midpeninsula Regional Open Space District.
The Parks and Recreation Commission has also reviewed the District's
1976 Progress Report and wishes to compliment the District Board of
Directors and staff on the progress which has been made since the
District was formed in 1972.
The Saratoga City Council offers the District continued support in
meeting your objective to acquire and protect valuable open space.
If we can be of any assistance, please do not hesitate to contact us.
ry tru urs,
Rob t F.
City Manager
RFB:bs;bh
a
L E A S E
This lease is made this , 1977 between the
Midpeninsula Regional Open Space District, a public district under
the laws of the State of California, as Lessor (or "District") and
Suburban Newspaper Publications, Inc. , a corporation, as Lessee.
WHEREAS, in the acquisition of the Fremont Older Open Space
Preserve the District also acquired the Fremont Older home, which is
in poor physical condition, and which has been recommended for demo-
.lition by District staff, and
WHEREAS,' Lessee, as a--member of 'an-organization`interested' in
preserving historic structures, has argued against destruction of
the Fremont Older home and offered to rehabilitate the structure and
its immediately surrounding environs to a reasonably historically
accurate condition, on the terms hereinafter set forth, and
WHEREAS, The District may, under the provisions of Section
5540 of the Public Resources Code, lease such property owned by the
District for a period of up to twenty five (25) years, and its Board
of Directors considers that such a lease of the Fremont Older home and
its ' immediately surrounding premise's for historic preservation purposes is
in the public interest, on the terms hereinafter set forth,
NOW, THEREFORE, Lessor does hereby lease to Lessee and Lessee
hereby hires from Lessor those certain premises (hereinafter called
"premises") outlined on Exhibit "A" , attached hereto and by this
reference made a part hereof, said premises having the legal descrip-
tion given in Exhibit "B" , attached hereto and by this reference made
a part hereof. oft r%
A F
FOR REVIEW
AND COMMENT
Said letting and hiring is upon and subject to terms, covenants
and conditions herein set forth and Lessee covenants as a material
part of the consideration for this Lease to keep and perform each
and all of said terms, covenants, and conditions by it to be kept
and performed and that this Lease is made upon the condition of such
performance.
1. PURPOSE
The premises are to be used for single family residential pur
poses and for no other purpose without the written consent of Lessor.
2. TERM
The term of this Lease shall be for twenty-five years (25)
years commencing on the 1st day of September 1977, and ending on
the 31st day of August 2002.
3. RENT
{
Lessee agrees to pay Lessor as rental without written notice
or demand, for the Premises the sum of One Dollar ($1,00) on or
before the first day of the term hereof and a like sum on or be-
fore each and every successive yearly anniversary thereafter during
the term hereof. Said rental shall be paid to Lessor, without deduc-
tion or offset, in lawful money of the United States of America at
745 Distel Drive, Los ,Altos, California, 940220 or such other place as
Lessor may from time to time designate in writing,
4. RENOVATION
Within eighteen (18) months following the start of the term
of this Lease, Lessee at its sole cost shall complete a reasonably
historically accurate renovation of the premises, provided, however,
that modernization of the kitchen and bath(s) shall be permitted.
Lessor and Lessee shall appoint a mutually agreed upon committee
(2)
benefits of Lessor' s employees assisting therein, but provided
further, however, that Lessor shall not be required to supply more
than eight (8) hours in total of its employee's time in assisting
with all such grants. As partial compensation for such employee' s
time and other benefits received by Lessee under this Lease, Lessee
agrees to pay to Lessor fifteen percent (15%) of the amount of any
such grant.
8. POSSESSION
If Lessor, through no fault of Lessor, cannot deliver possession
of the said premises to Lessee at the commencement of the term hereof,
this Lease shall not be void or voidable, nor shall Lessor be liable
to Lessee for any loss or damage resulting therefrom, provided, how-
ever, that Lessee may .terminate this Lease if, through no fault of
Lessee, Lessor does not deliver possession of the premises on or y
before
9. RESTRICTIONS ON USE'
Lessee shall not do or permit anything to be done in or about
the premises which will in any way obstruct or interfere with the
use of Lessor' s lands surrounding the premises or injure or annoy
them or use or allow the premises to be used for any improper, im-
moral unlawful or objectionable purpose, nor shall Lessee cause,
maintain or permit any nuisance in, on or about the premises. Lessee
shall not commit or suffer to be committed an waste in o upon
r o the
Y P
premises. This clause shall not prevent Lessee from using the prem-
ises for the general purposes for which they were leased.
10. COMPLIANCE WITH LAWS
Lessee shall not use the premises or permit anything to be done
in or about the premises which will in any way conflict with any law,
4
I
to review, advise on and approve r pp ove all plans for such renovation and
Lessee agrees to complete such renovation in accordance with such
plans within the time period specified above.
5. RETURN OF DEPOSIT
Lessee has deposited with Lessor the sum of Fifteen Thousand
Dollars ($15,000) . Lessor may retain $ of this amount
to cover Lessor's expenses incurred in protecting and clearing up
the premises during the period preceding the execution of this
lease by both parties. Lessor shall return the balance of such
deposit promptly following such execution.
6. ANNUAL OPEN HQUSE
At least once each calendar year following completion of the
renovation described in Paragraph 4 hereof, Lessee shall permit
Lessor to open the premises to the general public for a period
not exceeding four consecutive hours. Lessor shall bear all costs
associated with such an event. Lessor shall hold Lessee harmless
from and defend Lessee against any and all claims or liability for
any injury or damage to any person or property whatsoever occurring
in, on or about the premises or any part thereof during such an
event caused in part or in whole by the act, neglect or fault of
any person participating in such an event.
7. GRANTS
Lessor or Lessee, or both, may be eligible for the grant of
funds to assist in the renovation described in Paragraph 4. Lessor
and Lesseelagree to cooperate in applying for such grants, provided,
however, that Lessee shall pay or reimburse Lessor for any costs
incurred in preparing such an application except for the salaries and
(3)
12. REPAIR
Lessee shall at Lessee's sole cost and expense keep the premises
and any part thereof in good condition and repair, it being the intent
of the parties that upon the termination of this Lease Lessee shall
deliver unto Lessor an historically renovated structure and surroun-
di
ng g improvements which have been, throughout the leasehold period,
well maintained.
Lessee hereby waives all rights to make repairs at the expense
of Lessor as provided by any law, statute or ordinance now or hereafter
in effect. Lessee shall, upon the expiration or sooner termination
of the term hereof, surrender the premises to Lessor in good condition
and repair. It is specifically understood and agreed that Lessor has
no obligation and has made no promises to alter, remodel, improve,
repair, decorate or paint the premises or any part thereof, and that
no representations respecting the condition of the premises with re- }!
spect to the suitability thereof for use as a residence have been made
by Lessor or Lessor's agent to Lessee except as specifically herein
set forth.
Lessee hereby waives all rights under, and benefits of, subsec-
tion 1 of Section 1932 and Sections 1941 and 1942 of the California
Civil Code and under any similar law, statute or ordinance now or
hereafter in effect.
13. UTILITY SERVICES
Lessee shall be responsible, at Lessee's sole risk and expense,
for obtaining all necessary approvals for and installing and main-
taining for the period of this lease all required or desired utili-
ties or similar services on or serving the premises, which utilities j
or services shall include but not be limited to electric, telephone ,
water, gas, sewage or septic disposal, and garbage disposal services.
(6)
statute, ordinance or governmental rule or regulation now in force
or which may hereafter be enacted or promulgated, including but not
limited to all building, plumbing, electrical, sanitary, health and
similar codes. Lessee shall at its sole cost and expense promptly
comply with all laws, statutes, ordinances and governmental rules,
regulations or requirements now in force or which may hereafter be
in force and with the requirements of any board of fire underwriters
or other similar body now or hereafter constituted relating to or
affecting the condition, use or occupancy of the premises. The
judgement of any court of competent jurisdiction or the admission
of Lessee in any action against Lessee, whether Lessor be a party
thereto or not, that Lessee has violated any law, statute, ordinance
or governmental rule, regulation or requirements, shall be conclu-
sive of that fact as between Lessor and Lessee.
11. ALTERATIONS
Once the renovation described in Paragraph 4 hereof is completed,
Lessee shall not make or suffer to be made any alterations, additions
or improvements (which shall include but not be limited to outbuildings ,
fences and signs) to or of the premises or any part thereof without
the written consent of Lessor first had and obtained, and any altera-
tions, additions or improvements to or of said premises, except mova-
ble furniture, shall at once become a part of the realty and belong
to Lessor. In the event Lessor consents to the making of any altera-
tions, additions or improvements to the Y P remises *b Lessee, the same
shall be made by Lessee at Lessee' s sole cost and expense and any
contractor or person selected by Lessee to make the same must first
be approved of in writing by Lessor.
(5)
(15) feet wide on the premises along and inside the boundary
marked "Boundary B" on Exhibit A hereto.
17. ESTABLISHMENT OF LESSEE'S ORIGINAL INVESTMENT
Lessee's original investment shall be defined as the amount of
money actually paid by Lessee (or a lender of Lessee) for actual cap-
ital improvements to the premises in accordance with the approved
renovation plan, together with any other such capital improvements
made in the first three (3) years of this lease and approved by
District. Such improvements made after the first three (3) years
of this lease shall not be included.
Upon completion of the initial job of restoration Lessee will
provide Lessor, in a form acceptable to Lessor, substantiation of
such expenditures. Thereafter, at least annually, Lessee shall pro-
vide Lessor with an accounting showing all such approved capital ex-
penditures for work completed during said first three (3) years. The
total expenditures during said first three 3) years will, for purposes
of this lease, be Lessee's original Investment.
18. TERMINATION BY LESSOR
Notwithstanding any other provision of this lease Lessor may,
at any time after three (3) years from the effective date hereof,
without cause, terminate this lease by "buying out" Lessee. Upon
giving Lessee ninety (90) days written notice of such termination.
In the event of the exercise of such right by District, District shall
pay to Lessee within ninety (90) days after the effective date of such
termination a sum which represents Lessee's Original Investment less
one twenty-fifth (1/25) thereof for each year or fraction the lease
was in force and effect. Such payment shall constitute a complete
"buy out" of all of Lessee's remaining interest in the lease, the
property and any and all improvements thereon established in
(8)
Lessor will assist Lessee, where appropriate in the opinion of Lessor,
in obtaining of such services, but Lessor makes no representations as
to the adequacy or availability of any such utility or service.
14. ROAD MAINTENANCE
The parties will endeavor to reach an agreement for maintenance
of the access road to the premises from Prospect Road, which agree-
ment may include other users of .the access road. In the absence of
such agreement the road shall be maintained as between Lessor and
Lessee including any other participants in accordance with the pro-
visions of California Civil Code Section 845. Any such agreement
shall include the right of District, at its expense or at a shared
expense, to install a gate across said road, which gate may be locked
provided a key or combination to the lock is provided Lessee and any
other persons entitled thereto.
15. PARKING
Lessee may permit parking for Lessee and Lessee' s guests for not
to exceed vehicles only in the areas marked "Parking" on Exhibit A
hereto. Lessor may from time to time allow parking of up to two (2)
of its vehicles or vehicles of its guests at the area marked "Parking
Area A" on Exhibit A for reasonable periods if such parking does not
unreasonably interfere with Lessee's use of such parking area.
Lessee and Lessee's _ guests may use public parking areas provided
by Lessor except on occasions where Lessor determines such use by
Lessee or Lessee' s guests would conflict with a paramount District
or public use of such parking areas.
16. RIGHT OF PUBLIC TO PASS
Notwithstanding the map and legal descriptions shown on Exhibits
A and B hereto, Lessor shall have the right to allow unlimited transit
during daylight hours by hikers and equestrians in a corridor fifteen
(7)
thereof, without the written consent of Lessor first had and obtained
which consent shall not be unreasonably withheld, and a consent to one
assignment, subletting, occupation or use by any other person shall
not be deemed to be a consent to any subsequent assignment, subletting,
occupation or use by another person. Any such assignment, subletting
or occupancy without such consent shall be void, and shall, at the
sole option of Lessor, terminate this Lease. This Lease shall not,
nor shall any interest therein, be assignable, nor shall it be an
asset in bankruptcy as to the.-.interest of Lessee by operation of
law, without the written consent of Lessor.
It is the intent of Lessor and Lessee that any occupant of the
premises, except a short-term caretaker, shall have demonstrated an
interest in the preservation of historical structures.
22. INDEMNIFICATION
Except as provided in Paragraph 6 hereof, Lessor shall not be
liable to Lessee, and Lessee hereby waives all claims against Lessor,
for any injury or damage to any person or property in or about the
premises by or from any cause whatsoever.
Except as provided in Paragraph 6 hereof, Lessee shall hold
Lessor harmless from and defend Lessor against any and all claims
or liability for any injury or damage to any person or property
whatsoever occurring in, on or about the premises or any part thereof,
when such injury or damage has been caused in part or in whole by the
act, neglect, fault or omission of any duty with respect to the same
by Lessee, its agents, servants, employees, or invitees.
23. INSURANCE
Lessee, at Lessee's expense, agrees to keep in force during the
term hereof public liability insurance with limits in the amount of
$250,000/500,000 for injuries to or death of persons occurring in, or
(10)
accordance with the formula, and 'upon the basis, set forth on
Exhibit C affixed hereto and by reference made a part hereof.
19. ABANDONMENT
Lessee shall not vacate or abandon the premises at any time
during the term, and if Lessee shall abandon, vacate or surrender,
said premises, or be dispossessed by process of law, or otherwise,
any real or personal property interest belonging to Lessee and left
on the premises shall be deemed to be abandoned.
20. LIENS
At least fifteen (15) days before commencing any work on the
premises for which a mechanic's or material men's lien could be
asserted under California law, Lessee shall give Lessor written
notice of Lessee's intention to do so in order that Lessor may post
a notice of nonresponsibility and take any other steps Lessor deems
advisable to protect against liens or other claims against the prop-
erty.
Lessee shall throughout the period of this lease keep the pre-
mises and the property in which the premises are situated free from
any liens arising out of any work performed, materials furnished or
obligations incurred by Lessee. Lessee shall not be in default under
this Lease so long as it is contesting such lien with due diligence.
21. ASSIGNMENT, SUBLETTING AND 'OCCUPANCY
Lessor and Lessee agree that the initial occupants of the
premises shall be and Levine.
Lessee shall not assign, transfer, mortgage, pledge, hypothecate
or encumber this Lease, or any interest therein, and shall not sublet
the said premises or any part thereof, or any right or privilege appur-
tenant thereto, or suffer any person other than said initial occupants,
or the survivor to occupy or use the said premises , or any portion
(9)
on the terms, covenants and conditions herein specified so far
as applicable. Acceptance by Lessor of rent after such expiration
or termination shall not constitute a consent by Lessor to any such
tenancy from month to month or result in any other tenancy or any re-
newal of the term hereof. The provisions of this paragraph are in
addition to, and do not affect, Lessor's right of re-entry or other
rights hereunder or provided by law.
26. ENTRY BY LESSOR
Lessor reserves, and shall at all reasonable times have, the
right to enter the premises to inspect them following 24 hours writ-
ten notice to Lessee except in an emergency, for purposes of deter-
mining compliance with the provisions of this lease. For the fore-
going purposes, Lessor shall at all times have and retain a key with
which to unlock all of the doors in, on and about the premises (exclud-
ing Lessee's vaults, safes and similar areas designated in writing by
Lessee in advance) ; and Lessor shall have the right to use any and all
means which Lessor may deem proper to open said doors in an emergency
in order to obtain entry to the premises and any entry to the premises
obtained by Lessor by any of said means, or otherwise, shall not under
any circumstances be construed or deemed to be a forcible or unlawful
entry into or a detainer of the premises or an eviction, actual or
constructive, of Lessee from the premises, or any portion thereof.
27. INSOLVENCY OR BANKRUPTCY
The following acts shall constitute a breach of this Lease by
Lessee:
(a) Appointment of a receiver to take possess-ion of all or
substantially all of the assets of Lessee, followed by the taking
of such possession, and a continuance thereof for a period of thirty
(30) days or more
(b) The adjudication of Lessee as a bankrupt.
i
about the demised premises and property damage insurance with limits
of $100,000. The policy or policies affecting such insurance shall
name Lessor as an additional insured, and shall insure any liability
of Lessor contingent or otherwise, as respects acts or omissions of
Lessee, its agents, employees or invitees or otherwise by any conduct
or transactions of any of said persons in or about or concerning the
premises; shall be issued by an insurance company admitted to trans-
act business in the State of California; and shall provide that the
insurance effected thereby shall not, be cancelled, except upon ten (10)
days' prior written notice to Lessor.
Lessor and Lessee do each hereby respectively release the other,
on behalf of themselves and respective insurers on policies of insur-
ance required to be carried hereunder, to the extent of insurance
coverage of th, releasing party, from any liability for loss or
damage caused by fire or any of the extended coverage casualties
included in the releasing party's insurance policies, irrespective
of the cause of such fire or casualty.
24. TAXES PAYABLE BY TENANT
Lessee agrees to pay or cause to be paid, before delinquency,
any and all taxes levied or assessed and which become payable during
the term hereof upon the premises or upon all equipment, furniture,
fixtures and other personal property located in the premises; except
taxes on any reversionary interest owned by Lessor which may be deter=
mined by an appropriate taxing authority to be wholly or partially
tax-exempt.
25. HOLDING OVER
Any holding over after the expiration or other termination of
the term of this Lease with the written consent of Lessor delivered
to Lessee shall be construed to be a tenancy from month to month at
the rent in effect on the date of such expiration or termination
(11)
in a public warehouse or elsewhere at the cost and for the account
of Lessee.
Should Lessor, following any breach or default of this Lease by
Lessee, elect to keep the Lease in full force and effect with Lessee
retaining the right to possession of the premises (notwithstanding
the fact that Lessee may have abandoned the premises) , then Lessor,
in addition to all other rights and remedies Lessor may have at law
or in equity, shall have the right to enforce all of Lessor's rights
and remedies under this Lease. -.,. Notwithstanding any such election to.
have this Lease remain in full force and effect, Lessor may at any time
thereafter elect to terminate Lessee's right to possession of said prem-
ises and thereby terminate this Lease for any previous breach or default
hereunder by Lessee which remains uncured or for any subsequent breach
or default.
29. DEFAULT BY LESSOR
Lessor shall not be in default unless Lessor fails to perform
obligations required of Lessor within a reasonable time, but in no
event earlier than thirty (30) days after written notice by Lessee
to Lessor specifying wherein Lessor has failed to perform such obli-
gations; provided, however, that if the nature of Lessor's obligations
is such that more than thirty (30) days are required for performance,
then Lessor shall not be in default if Lessor commences performance
within such thirty (30) day period and thereafter diligently prose-
cutes the same to completion.
30. DAMAGE BY FIRE; CASUALTY
I If the premises are damaged by fire or other casualty, Lessee
shall promptly repair such damage, such that the premises are restored
to substantially the same condition as prior to the damage, if, in
Lessor' s judgment, such repair can be made within one hundred twenty
(120) days under the laws and regulations of the state, federal, county
(14)
(c) The filing by Lessee of a petition for an arrangement
under the Bankruptcy Act.
(d) An assignment by Lessee for the benefit of creditors.
On the happening of any such event, this Lease shall terminate five
(5) days after receipt of written notice of termination from Lessor
to Lessee.
In no event shall the leasehold estate under this Lease, or any
interest therein, be assigned or assignable by operation of law, by
voluntary or involuntary bankruptcy proceedings , or otherwise, and in
no event shall this Lease or any rights or privileges hereunder be an
asset of Lessee under any bankruptcy, insolvency or reorganization
proceedings.
28. DEFAULT BY LESSEE
In the event that Lessee or the occupant (s) designated in
Paragraph 21 or its/their successor(s) ' (1) ' abandons or vacates the
premises; or (2) fails to pay rent or other sum payable hereunder
when due withing sixty (60) days after written notice; or (3) fails
to perform or observe any other term, covenant or condition of this
Lease on Lessee' s part to be performed or observed, or otherwise
breaches of this Lease, and within thirty (30) days after written
notice from Lessor to Lessee fails to commence and diligently pursue
remedy thereof; then Lessor, in addition to any other rights and
remedies of Lessor at law or in equity, shall have the rightto
either terminate Lessee's right to possession of the premises and
thereby terminate this Lease or have this Lease continue in full force
and effect with Lessee at all times having the right to possession of
the premises. Should Lessor elect to terminate Lessee's right to
possession of the premises and terminate this Lease, then Lessor shall
have the immediate right of entry and may remove all persons and prop-
erty from the premises. Such property so removed may be stored in a
(13)
hereunder on its part to be performed, any such failure shall
continue thirty (30) days after written notice thereof by Lessor,
Lessor, without waiving or releasing Lessee from any obligation of
Lessee hereunder, may, but shall not be obligated to, make any such
payment or perform any such other term or covenant on Lessee's part
to be performed. All sums so paid by Lessor and all necessary costs
of such performance by Lessor, together with interest thereon at the
rate of eight (8%) percent per annum from the date of such payment
or performance by Lessor, shall-be paid (and Lessee covenants to Make
such payment) to Lessor on demand by Lessor, and Lessor shall have
(in addition to any other right or remedy of Lessor) the same rights
and remedies in the event of non'-payment thereof by Lessee as in the
case of failure by Lessee in the payment of rent hereunder.
32. ATTORNEY'S FEES
In case suit should be brought by either party because of the
failure of performance of observance of any term, covenant or condi-
tion herein contained on the part of the other party, the unsuccessful
party in such suit shall pay to the prevailing party therein a reason-
able attorney' s fee which shall be fixed by the court.
33. SURRENDER
The voluntary or other surrender of this Lease or the premises
by Lessee or a mutual cancellation of this Lease shall not work a
merger, and at the option of Lessor shall either terminate all or
any existing subleases or subtena.ncies or operate as an assignment
to Lessor of all or any such subleases or subtenancies.
34. WAIVER
The waiver b either art of the other art ' s failure to pe
rform
Y party P Y P
or observe any term, covenant or condition herein contained to
be performed or observed by such waiving party:' shall not be deemed to
be a waiver of such term, covenant or condition or of any subsequent.
(16)
and municipal authorities having jurisdiction, and this Lease shall
remain in full force and effect.
To this end, Lessee shall maintain at Lessee's expense and for
the benefit of Lessor adequate extended coverage fire insurance, through-
out the period of the lease, to assure full repair of the main dwelling
and other improvements on the property. Said policy of insurance shall
provide that, after any lender entitled thereto, Lessor shall be a sec-
ond loss payable insured or beneficiary under said policy.
If such repairs cannot, iu,_ Lessor's judgment, be made within
one hundred twenty (120) days, Lessor shall have the option to either
(a) repair such damage, this Lease continuing in full force and effect
and effect or (b) give notice to Lessee at any time within thirty (30)
days after the occurrence of such damage terminating this Lease as of
the date sppcified in such notice which shall not be less than thirty
(30) nor more than one hundred twenty (120) days after the giving of
such notice.
If such notice of termination is so given by Lessor to Lessee,
this Lease and all interest of Lessee in the premises shall terminate
on the date specified in such notice. In the event of such termination,
Lessor may at iLs option remove any structure on the premises, and
Lessee or the insuror shall reimburse Lessor for reasonable costs so
incurred within six (6) months following such termination.
Lessee hereby waives the provision of subsection 2 of Section 1932
and subsection 4 of Section 1933 of the California Civil Code.
31. RIGHT OF LESSOR TO PERFORM
All terms, covenants and conditions of this Lease to be performed
or observed by Lessee shall be performed or observed b Lessee at Lessee's
P Y
sole cost and expense and without any reduction of rent. If Lessee shall
fail to pay any sum of money, other than rent, required to be paid by
it hereunder or shall fail to perform any other term or covenant
(15)
38. DEFINITIONS AND PARAGRAPH HEADINGS
The term "premises" includes the space leased hereby and any
improvements now or hereafter installed therein or effected thereto.
i The term "Lessor" or any pronoun used in place thereof includes the
plural as well as the singular and the successors and assigns of Lessor.
The term "Lessee" or any pronoun used in place thereof includes the
plural as well as the singular and individuals , firms, associations,
partnerships and corporations, and their and each of their respective
heirs, executors, administrators, successors and permitted assigns,
according to the context hereof, and the provisions of this Lease shall
inure to the benefit of and bind such heirs, executors, administrators,
successors and permitted assigns.
The term "person" includes the plural as well as the singular and
individuals, firms, associations, partnerships and corporations. Words
used in any gender include other genders. If there be more than one
Lessee the obligations of Lessee hereunder are joint and several. The
paragraph headings of this Lease are for convenience of reference only
and shall have -not effect upon the construction or interpretation of
any provision hereof.
39. "TIME
Time is of the essence of this Lease and of each and All of its
provisions.
40. EXAMINATION OF LEASE
Submission of this instrument for examination or signature by
Lessee does not constitute a reservation of or option for a lease, and
this instrument is not effective As a lease or otherwise until its
execution and delivery by both Lessor and Lessee.
41. LEESEEIS QUITCLAIM
At the expiration or earlier termination of this Lease, Lessee
shall execute, acknowledge and deliver to Lessor, within ten (10) days
(18)
failure of the party failing to perform or observe the same or any
such term, covenant or condition therein contained, and no custom or
practice which may develop between the parties hereto during the term
hereof shall be deemed a waiver of, or in any way .affect, the right
of either party to insist upon performance and observance by the other
party in strict accordance with the terms hereof.
35. NOTICES
All notices, demand, requests, advices or designations which
may be or are required to be given by either party to the other here-
under shall be in writing. All notices, demands, requests, advices
or designations by Lessor to Lessee shall be sufficiently given, made,
or delivered if personally served on Lessee if sent by United States
certified or registered mail, postage prepaid, addressed to Lessee at
the premises. All notices, demands, requests, advices or designations
by Lessee to Lessor shall be sent by United States certified or regis-
tered mail, postage prepaid, addressed to Lessor at its offices at
745 Distel Drive, Los Altos, California 94022 or at such address as
Lessor shall, designate in writing. Each notice, request; demand, advice
or designation referred to in this paragraph shall be deemed received on
the date of the personal service or mailing -thereof -in the manner herein provided,
as the case may be.
36. GOVERNING LAW; SEVERABILITY
This Lease shall in all respects be governed by and construed
in accordance with the laws of the State of California. If any provi-
sion of this Lease shall be invalid, unenforceable or ineffective for
any reason whatsoever, all other provisions hereof shall be and remain
in full force and effect.
37. PLATS AND RIDERS
Clauses, plats and riders, if any signed by Lessor and Lessee and
endorsed on or affixed to this Lease are a part hereof.
(17)
after written demand form Lessor to Lessee, any quitclaim deed or
other document required by any reputable title company, licensed to
operate in the State of California, to remove the cloud or encumbrance
created by this Lease from the real property of which Lessee' s premises
are a part.
42. ENTIRE AGREEMENT
This instrument along with any exhibits and attachments hereto
constitutes the entire agreement between Lessor and Lessee relative
to the premises and this agreement and the exhibits and attachments
may be altered, amended or revoked only by an instrument in writing,
signed by both Lessor and Lessee, Lessor and Lessee agree herby that
all prior or contemporaneous oral Agreements between and among them-
selves and their agents or representatives relative to the leasing
of the premises axe merged in or revoked by this agreement.
43. QUIET POSSESSION
Upon Lessee' s paying the rent, additional rent and other sums
provided hereunder and observing and performing all of the covenants,
conditions and provisions on Lessee's part to be observed and performed
hereunder, Lessee shall have quiet possession of :the premises for the
entire term hereof, subject to all of the provisions of this Lease.
44, CORPORATE AUTHORITY
If Lessee is a corporation, eachIndividual executing this Lease
on behalf of said corporation represents and warrants that he/she is
duly authorized to execute and deliver this Lease on behalf of said
corporation in accordance with a duly adopted resolution of the Board
of Directors of said copor4tion or in accordance with the By-laws of
said corporation, and that this Lease is binding upon said corporation
in accordance with its terms. If Lessee is a corporation, Lessee shall,
within thirty (30) days after execution of this Lease, deliver to
Lessor a certified copy of a resolution of the Board of Directors of
(19)
of said corporation authorizing or ratifying the execution of
this Lease.
This lease is executed and is to be effective on the
date first hereinafter set forth.
Midpeninsula Regional Open Space District
By
Lessor
Suburban Newspaper Publications, Inc.
By
Lessee
Attest:
District Clerk
(20)
1
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NRRRtS
PROP RTy
aoursoARv '.�., I
Is, LORRIDOR —
PARKING
PRC�POS c 0 RQAPSItDE. PARK►NC,
l.I M 1T- 3 GARS "
l.�c�sE AREA APPRox., 1
1.b AC-.
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PRosP =ir P\oa\D
EXHIBIT B
Beginning at the west boundary of Prospect Road at
the point where the roadway intersects the tract of
land owned by Earl and Donna Harris, (Parcel 366-29-4)
thence in a southeasterly and westerly direction along
the westerly boundary of said road, to a point approx-
imately 50 feet west of the southest corner of the
adobe house, thence running approximately 480 feet
north to existing fence marking the southerly boun-
dary of Parcel 366-29-4, thence along the fence in
a southeasterly direction approximately 59 feet to
the TRUE POINT OF BEGINNING.
k
,, -17-40
(Imeeting 77-20 ,
Agenda item "Llo. 1)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
August 5, 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Proposed Lease of the Fremont Older House
Introduction: The Midpeninsula Regional Open Space District
'1SC3'nsidering the granting of a lease for the Fremont Older
house and approximately 1. 6 acres of surrounding land for a
period of 25 years. The lease would be granted for the pur-
pose of restoring the house as an historic structure and for
occupancy of the building as a single family residence. The
house is located within the District' s 622 acre Fremont Older
Open Space Preserve close to the Cities of Saratoga and Cuper-
tino. It was built in 1911 for Fremont Older, a San Francisco
newspaper editor, and his wife Cora, a California historian.
Discussion: The long-term lease agreement of a deteriorated
structure contained within an open space preserve has both
favorable and unfavorable aspects for the District. These
aspects are presented in the chart attached as Appendix A.
The most readily obvious short term favorable financial effect
of the lease is that it would save the District the cost of
demolition estimated at approximately $4 ,000 . However, the
greatest unfavorable longer term financial effect would occur
when the agreement expires after the 25 year period and the
responsibility and cost of structure maintenance reverts to
the District, or if the District has to buy out the interest
in the leasehold within 5 to 15 years it could be a substan-
tial amount of money and significantly impact the acquisition
program.
Environmental and aesthetic consequences are less tangible
but no less important for consideration. There are really
no favorable natural environmental effects of structure res-
toration. Aesthetically, the lease provides for historic
structure restoration which broadens the appeal of the preserve
to include another type of visitor besides the hiker and eques-
trian.
On the unfavorable side, the presence of an imposing structure
with gardens of non-native plants detracts from the open space
F
R-77-40 Page two
experience and prolongs an artificial element in a natural
area with the potential for significant long-term alteration
of the surrounding native plant communities.
Perhaps the single most detrimental impact involves long-term
access on the Prospect Road extension through the Preserve.
Prospect Road is the only access road within the Preserve and
two inholdings are already situated along it. The addition of
this long-term inholding further compromises District vehicular,
pedestrian and equestrian access.
Summary: An Initial Study has been prepared on the lease as a
project and is attached. The project involves restoration of
an existing deteriorated structure to meet current standards
of public health and safety. All renovations and site altera-
tions will be approved by a mutually agreed upon committee which
will assure that impacts on the surrounding preserve will be mit-
igated.
Therefore, it was determined that the project would have no
unavoidable significant impact on the environment and a Negative
Declaration was prepared and is attached.
If the Board so wishes, it should approve the lease and attached
description subject to nonsubstantive modification by staff and
Legal Counsel. If it so wishes, the Board should further author-
ize the return of the unused balance of the deposit in the amount
of approximately $11,500. This dollar amount represents the un-
used portion of the $15 ,000 good faith deposit.
The Board Subcommittee on negotiating the lease has not finalized
all aspects. Presumably these will have been resolved and will be
discussed at the Board meeting of August 10 , 1977.
HG:pl
APPENDIX A
Potential Effects of the Proposed Fremont
Favorable Aspects Unfavorable Aspects
(1) Restoration of historical build- (1) Existence of a 25 year private
ing and associated gardens inholding in the preserve
(2) Establishment of unique method (2) No public access to 1. 5 acres
of historical preservation of of the preserve
public agency property by an
interested individual (3) Costs to District for mainten-
ance of structure after expira-
(3) District achieves historic tion of lease
restoration without capital
outlay and saves the cost of (4) Possible removal from tax roll
demolition estimated at about after expiration of lease
$4 ,000
(5) Maintenance of an imposing
(4) Return to the tax roll of structure within an open space
valuable leasehold for 25 preserve which detracts from
years the natural area experience
(5) Public tours of historic (6) Maintenance of exotic plant
house minimum of once a year species as potential invaders
into surrounding native plant
(6) Building occupation mitigates communities
District patrol and fire pro-
tection responsibilities in (7) Attractive feature could become
the immediate area management problem
(7) District participation in (8) Buy-out prior to end of 25 years
historic preservation with no could significantly impact
capital outley acquisition or land management
budget earlier than anticipated
(8) District as a pioneer in unique
method of historical preserva- (9) Additional staff time required
tion in handling problems associated
with inholding, probably total-
ling less than $1,000 a year
(10) Staff time required for serving
on commission reviewing
restoration
(11) If existing water system is
used it will likely deduct from
the volume available to the
adobe house and gray house
(12) Increased traffic generation
on-site
Unfavorable Aspects (cont)
(13) Staff time related to special
events - probably involving time
of one ranger (dependent upon
volume of attendance at events)
NOTE: It is not possible to predict whether the house will be a
financial liability or asset to the District after the lease expires
since this judgment depends upon the condition of the house after
the 25 year period.
Midpeninsula Regional Open Space District
Initial Study
PART I
A. Name , location, and brief description of project:
25 year lease of the Fremont Older ding
land within the Fremont Older Open Space Pregerve adjacent to the
Cities of Saratoga and Cupertino. Historic restoration and maintenance
of an existing deteriorated structure and gardens.
B. A Description of the environmental setting:
Located within the 622 acre Fremont Older Open S ace Preserve in
the Cupertino foothills encompassing oak woodland, chaparral,
orchards and a cultivated hayfield. The surrounding area is low
density residential with Lower Stevens Creek County Park and
Reservoir situated on the western Preserve border.
C. The project is/is not compatible with existing zoning and
general plans. If not, please explain below:
R
The project is compatible with existing zoning and general plans.
D. For identification environmental effects, see attached
checklist. (PART II)
E. For a discussion of any potential significant effects and
ways to mitigate them, if any, see attached sheets.
F. Recommended Action:
X Negative Declaration Environmental Impact Report
G. Persons who prepared this Initial Study: Cynthia
DiGiovanni, Jon Olson Date: Au,ust-4 1977
H. Name and Address of proponent: Midpeninsula Regional Open
Space District, 745 Distel Dr. , Los Altos , CA 94022
PART II
Identification of Environmental Impacts : (Explanations of "yes"
and "maybe" answers are included on attached sheets)
1. Geology. Will the project: YES MAYBE NO
a. result in an increase in wind
or water erosion of soils,
either on or off site? X
b. be located on or adjacent to
a known earthquake fault? X
C. disrupt the soil causing
substantial erosion, silta-
tion or land sliding. X
d. cause destruction or modif-
ication of any unique gologic
feature? X
2. Water. Will the project:
a. be located in a known flood
plain? X
b. involve alteration (s) of a
streamcourse or body of X
surface water?
C. change the quantity of ground
waters either through direct
additions or withdrawals, or
through interception of an
acquifer by cuts or excava-
tions? X
d. change- absorption rates,
drainage patterns, or the
rate and amount of surface
water runoff? X
e. involve discharge into; or
alteration of, any surface
water resulting in reduced
water quality, including
but not limited to,
increased turbidity or
dissolved oxygen? X
3. Air. Will the project result in:
a. substantially increased air
emissions or deterioration of X
ambient air quality?
.. _ge ,aree
YES MAYBE NO
b. the creation of objectionable
odors? X
C. alteration of air movement,
moisture or temperature, or
any change in local or re-
gional climate? X
d. the creation of dust smoke
or fumes or the application
of potentially hazardous ma-
terials such as herbicides or
pesticides? X
4. Plant and Animal Life. Will the
project:
a. result in the removal or dis-
turbance of any rare or endangered
plant or animal? X
b. reduce the acreage of any ag-
ricultural crop? X
C. result in the removal of
substantial amounts of
vegetation? X
d. alter the ecological balance
of an environment unit.-
either on or off site? X
e. significantly affect a breeding,
feeding, or Nesting area? x _
f. change the diversity or numbers
of any species of plant or
animal? X
5. Natural Resources. Will the project :
a. involve the removal or depletion
of on-site rock, sand, X
gravel , trees, oil or minerals?
6. Permit Application. Will the project:
a. require the approval of any
federal , state, regional or
local agency or district?
If yes, list below: X
County permit approvals associated with construction t-n hr;ng
structure up to building codes.
7 . Noise. Will the project:
a. increase ambient noise levels,
either on or off-site? X
Page four
8. Circulation/Traffic. Will the project: YES MAYBE NO
a. generate substantial additional
traffic in the area? X,
b. generate the use of off-road
vehicles of any kind excepting
ranger patrol vehicles? X
C. require alterations to present
circulation patterns? X
d. have substantial impact on.
existing road systems? X
e. effect existing parking facilities
or create a demand for new parking
facilities? iK
f. increase traffic hazards
for motor vehicles.3 bicyclists
pedestrians? X
9 . Public Services . Will the project:
a. substantially affect a public water
supply or sewage disposal system? X
b. result in a need for increased
fire or police protection?
X
C. cause groundwater pollution
as a result of new septic X
systems?
d. require the expansion or extension
of any public utility? X
e. require any public service currently
operating at or near capacity? X _
10. Energy. Will the project:
a. cause the use of substantial amounts
of fuel or energy? X
11. Land Use. Will the project:
a. result in substantial land use changes
that would adversley affect the
population either on or off site? X
b. serve to encourage development of
presently undeveloped areas, or
increase development intensity of
already developed areas? X
C. vary from adopted an community
or county policy.
Page five
YES MAYBE NO
d. involve lands currently protected
under the Williamson Act or an open
space easement? X
12. Sociocultural. Will the project:
a. result in an alteration of an
historic, archeological or
paleontological site, structure,
object? X
b. require the relocation of people
or businesses currently on site? X
C. obstruct scenic views or create
an esthetically offensive site? X
Potential Significant Effects* and Mitigation Measures
Item 9 (c) : New Septic Systems.
If a new septic system is required it will be installed
subject to County standards that will minimize potential
groundwater pollution.
Item 11 (a) ; Land Use.
While the project could potentially increase development
intensity of already developed areas such development will
only involve restoring existing disused facilities to a
useable condition. No additional structures will be
constructed.
Item 12 (a) : Alteration of Historic Structure.
Alteration from the historic character will be minimal
in order to comply with building codes and will essentially
involve upgrading of kitchen and bathroom, but historical
preservation will be maintained overall.
8 (a) Additional Traffic. Traffic associated with a single family
residence will be added to the existing volume resulting in
an anticipated 25% increase over the present level.
8 (c) Circulation Patterns. Additional traffic on on-site roads
may necessitate the transfer of the equestrian route from
the road to a short section of hiking trail.
8 (e) Parking. Only infrequent special events would be expected
to have a potential significant effect on existing parking
facilities
*Mandatory Findings of Significance all listed in Section 15802
and Appendix G of the State Guidelines.
8 (f) Traffic Hazards. Increased traff generated by occupancy
of the house could unavoidably increase traffic hazards for
bicyclists , pedestrians and equestrians on a small section
of road from the parking area to the trailhead.
MIDPENINSULA REGIONAL PARK DISTRICT
NEGATIVE DECLARATION
Title of Project Lease of the Fremont Older House and 1. 5
acres of surrounding land.
Description of Project T,aa-,P of a t9pft-ri nraf-Pc3 struc t-urP and
surrounding gardens for the purpose of historic restoration
and maintenance. Structure located within the Fremont Older
Open Space :Preserve.
The undersigned member of the Midpeninsula Regional Park Dis-
trict finds that the above project has no significant impact
on the environment .
—8Z5177 I
Date Staf Member
Reasons for Finding Stipulations in the lease require that all
rennovations and site alterations be approved by a mutually
agreed upon committee which will assure that impacts on the -
surrounding open space preserve environment will be mitigated.
Preparation of Study or Environmental Assessment By
Jon Olson, Cynthia DiGiovanni
A copy of the Study or Environmental Aseessment 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 fol-
lowing dates:
August 5 , 6, 7, 8, 9 , 10
Date District Clerk
-77-151
,A-
AW (Meeting 77-20 ,
Agenda item No. 2)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 4 , 1977
TO: Board of Directors
FROM: Herb Grench, General Manager
SUBJECT: Monte Bello Open Space Preserve Addition - Eldridge
Property.
Introduction:
At its meeting of April 13, 1977 the Board of Directors
approved the exercise of an option to require 150 acres of land
offered to the District by D. F. Eldridge. Such land together with
the adjoining 610 acres of property would be additions to the Monte
Bello Open Space Preserve.
Final language in the option acceptable to both parties
was to be worked out subsequently.
Discussion:
Discussions have continued between the parties to complete an
acceptable agreement. This matter is being placed on the agenda,
since it is anticipated that the work will be completed by the time
of the meeting.
HG:rh
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT AUTHORIZING ACCEPTANCE OF
AGREEMENT TO PURCHASE REAL PROPERTY,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE
OF ACCEPTANCE OF GRANT TO DISTRICT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(MONTE BELLO OPEN SPACE :PRESERVE ADDITION-
ELDRIDGE PROPERTY)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept the offer contained
in that certain Agreement to Purchase Real Property between
D. F. Eldridge the Midpeninsula Regional Open Space District dated
1977, and authorizes the President and appropriate officer
to execute the Agreement on behalf of the District.
Section two. The President of the Board or other appropriate
officer is authorized to execute a certificate of acceptance to
any deed granting title to said property.
Section Three. The General Manager of the District shall cause
to be given appropriate notice of acceptance to the seller. The
General Manager further is authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the
transaction.
1
1
R-77-39
(Meeting 77-20
Agenda item No. 4)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
August 5 , 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Proposed Land And Water Conservation
Fund Application
Introduction: The federal Land and Water Conservation Fund
Program as administered by the Department of Parks and Recre-
ation of the State of California is a major source of supple-
mental funding for local park agencies. The MROSD made applica-
tions to the program in 1974 , 1975 and 1976 and the first two
projects were approved.
District staff is recommending application for a grant of $500 ,000
from the Land and Water Conservation Fund Program for acquisition
of a proposed East Palo Alto-East Menlo Park Baylands Preserve.
Ordinarily, the Land and Water Conservation Fund Program calls
for 50% of a project to be funded by the local agency. However, _
there is a provision in the Land and Water Conservation Act where-
by a gift of land can be applied as the local agency contribution
against a Land and Water Conservation Fund project. A possible
gift of foothills land in the Woodside area would be used in this
way.
Description of the Project.
The proposed project and the possible gift represent major poten-
tial acquisitions in San Mateo County.
A. Project Area. The project area consist of land and
water on the shoreline of San Francisco Bay within a
500 acre area in the East Palo Alto and East Menlo Park
baylands just south of the western approach to Dumbarton
Bridge. See the attached map A, for location.
The site would become the natural-area component of the
nearby proposed marina in the vicinity of Cooley Landing.
It is possible that a marina and traditional park facility
could be developed on the southern portion of the project
area by San Mateo County. Final delineation of the natur-
al area to be acquired would depend upon joint planning
with and funding commitments by the County, East Palo
Alto, Menlo Park and, possibly, the Harbor District, and
California Department of Transportation. The 500 acres
R-77-39 Page two
represents the area within the overall outer project
limits; the actual area acquired with the grant funds
would be less.
The Parks and Recreation Element of the San Mateo County
General Plan shows a portion of this area as a planned
park. Further, the acquisition would contain a section
of the planned San Mateo County Shoreline Recreational
Trail extending the entire length of the Bay. Such a
trail might be closed during the nesting season in order
to protect shoreline bird species. The area would also
serve as scenic viewshed for travellers on the Dumbarton
Bridge. Recreational uses would include hiking, bird-
watching, photography and fishing.
B. Gift Area. The possible gift of approximately 70 acres
is located on the eastern slope of the Santa Cruz Moun-
tains on La Honda Road within the Town of Woodside.
Wunderlich County Park is located 0. 2 miles north across
La Honda Road. See the attached map B for location.
The site contains second growth redwood and oak-bay
woodland with scattered Douglas fir at elevations rang-
ing from 800 to 1,100 feet.
The property is currently owned by the Sierra Club Foun-
dation and receives light day use with occasional group
events. The property would remain open for low intensity
recreation using existing trails.
Recommendation: It is recommended that the Board adopt the attached
Resolution of theBoard of Directors of the Midpeninsula Regional
Open Space District Approving the Application for Land and Water
Conservation Funds - Baylands Park Acquisition Project.
It must be emphasized that application for funds is not a decision
to acquire the property. A project of this magnitude is only being
recommended because of the possibility of a grant being approved
and the property being acquired at no cost to the District.
HG:pl
TO E
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RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE APPLICATION FOR LAND AND WATER
CONSERVATION FUNDS - BAYLANDS PARK ACQUISITION
PROJECT
WHEREAS , the Congress under Public Law 88-578 has
authorized the establishment of a Federal Land and Water
Conservation Fund Grant-In-Aid Program, providing matching
funds to the State of California and its political subdivisons
for acquiring lands and developing facilities for public
outdoor recreation purposes; and
WHEREAS, the State Department of Parks and Recreation
is responsible for the administration of the program within
the State, setting up necessary rules and procedures governing
application by local agencies under the program; and
WHEREAS, said adopted procedures established by the
State Department of Parks and Recreation require the applicant
to certify by resolution the approval of applications and
the availability of local matching funds prior to submission
of said applications to the State; and
WHEREAS, Part V of said applications contains assur-
ances that the applicant must comply with; and
WHEREAS, the proposed Baylands Park Acquisition Project
is consistent with the California Outdoor Recreation Resources
Plan; and
WHEREAS, the project must be compatible with the land
use plans of those jurisdictions immediately surrounding
the project;
NOW, THEREFORE, BE IT RESOLVED that the Board of
Directors hereby:
1. Approves the filing of an application for Land
and Water Conservation Fund assistance; and
2. Certifies that said agency understands the
assurances in Part V of the application and
certifies that it will comply with the regu-
lations , policies, guidelines, and requirements,
including A-95 FMC 74-4 and FMC 74-7 , and as
they relate to the application.
3. Certifies that said agency has matching funds
from the following source (s) , namely, property
tax revenue and a gift of land, and can finance
100 percent of the project, half of which will
be reimbursed, and
4 . Certifies that the project is compatible with
the land use plans of those jurisdictions immedi-
ately surrounding the project; and
5. Appoints the General Manager as agent of the
District to conduct all negotiations, execute
and submit all documents including but not
limited to applications, agreements, amendments,
billing statements, and so on which may be neces-
sary for the completion of the aforementioned
project.
M-77-153
Ad. (Meeting 77-20 ,
low Agenda item i4o. 5)
A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 4, 1977
TO: Board of Directors
FROM: N. Hanko, Director
SUBJECT: Proposed Legislative Subcommittee
Dear Colleagues :
As you will recall at our last meeting, D. Wendin
had asked me to assist him by developing a proposal for a
Legislative Subcommittee.
The rationale for the subcommittee, as I perceive it,
is (1) to keep track of current legislation important to the
District and make recommendations to the Board, (2) to relieve
staff as much as possible from the task of following and pro-
posing legislation, (3) to be prepared to recommend new legis-
lation which is in the best interest of the District. Emphasis
should be place on (1) and (2) .
It would be my recommendation that the subcommittee
consist of three Board members, who are appointed by the Presi-
dent of the Board with Board consent, to serve as a standing
committee. Appointments or reappointments would be made yearly
(as is done with the Budget Subcommittee) , and meetings would
receive public notice. The General Manager would usually be
expected to attend meetings. Legal Counsel would be consulted
from time to time as necessary.
Legislative matters to be considered by the subcommittee
could be initiated by the General Manager, by members of the
subcommittee, or by Board referral. The subcommittee would
serve only in an advisory capacity to the Board, and formal
support of legislation would require formal Board action unless
otherwise indicated by the Board.
Recommendation: It is recommended that the Board adopt the
attached Resolution of the Board of Directors of the Midpen-
insula Regional Open Space District Amending Rules of Procedure
to Add a Legislative Subcommittee as a Standing Subcommittee
of the Board of Directors.
NH:jg
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AMENDING RULES. OF PROCEDURE TO ADD A LEGIS-
LATIVE SUBCOMMITTEE AS A STANDING SUBCOMMITTEE
OF THE BOARD OF DIRECTORS
The Board of Directors of the Midpeninsula Regional Open
Space District does hereby resolve as follows:
Section One: The Rules of Procedure adopted by
the Board of Directors on January 10, 1975 by
Resolution No. 75-25 (and as amended) are hereby
amended to add a new subsection 1. 84 , to read as
follows:
1.84 Legislative Subcommittee. The Legis-
lative Subcommittee shall be a standing
subcommittee composed of three Board
members appointed at the first regular
meeting following the meeting at which
officers of the Board are elected.
M-77-154
(Meeting 77-20 ,
low Agenda item 'No. 6)
0
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 4 , 1977
TO: Board of Directors
FROM: N. Hanko, Director
SUBJECT: Property Tax Relief
Dear Colleagues:
In the course of developing the proposal for the
Legislative Subcommittee, I have become increasingly concerned
that current proposed legislation dealing with the subject of
tax relief may progress so quickly that before such a subcom-
mittee can adquately study and make recommendations on specific
bills, the concerns of the District will go unprotected.
It has not been possible for me to obtain sufficient
information on specific bills which are currently being con-
sidered. And, in fact, according to East Bay Regional Park
District Director, Mary Jefferds, East Bay' s Legislative Sub-
committee hasn' t even tried to get a handle on the various bills
except to assure themselves that special districts are specifically
referred to. However, it is clear to me that if a bill were to
succeed which includes a growth ceiling based on a general in-
flation factor (GNP) , there will be a serious impact on our
ability to acquire lands. The League of California Cities is
supporting legislation which reportedly does not propose re-
strictions on use of property tax revenue and therefore would
be fairer to us.
It has always been my contention that the use of the
property tax has been a fair tax when used as the revenue base
for the District since our principal business is buying the
very land that is taxed. But I do support the reform which is
going on because I think the property tax has been much abused
and used for the gaining of revenue unrelated to source.
An impact study that Bob Mark has concluded for us
this week underscores the need for us to keep a strong handle
on concepts such as ceilings as they would affect this District.
M-77-154 Page two
According to Bob's appraisal, if legislative tax relief calls
for District revenues to be restricted to general cost of
living (assume 6% and that overall revenue on property tax in-
flation is 10%) and land that we would acquire is inflating by
15% , the loss to the District would be as follows:
6% - GNP deflator
10% - Overall revenue inflation (property tax)
11% - Land acquisition inflation
(The following tables are based on District existing ownership or
commitments to acquisition of 5,000 acres. )
A. Acres acquired by the District with overall revenue
inflation restricted to 6% :
10 years - 17, 556 acres
20 years - 20, 869 acres
30 years - 22,387 acres
Please note that at 30 years the District is
capable of adding only 93 acres per year.
Legislation such as currently supported by the League
of California Cities which does not propose restrictions on j
use of property tax revenue would probably impact as follows:
B. Acres acquired by the District with overall revenue
inflation at 10% :
10 years - 20, 721 acres
20 years - 29,521 acres
30 years - 35, 054 acres
Please note that at 30 years the District is
capable of adding 437 acres per year.
Figures which we have used may be on the conservative
side, and one computer run of table (A. ) using 20% for land
acquisition inflation showed that after 30 years, only 22 acres
per year might be added.
It is my belief that the District's concerns might
best be expressed to our local legislators now in either informal
meetings or phone calls and to leave a later expression sup-
porting specific legislation to whatever recommendation the
new subcommittee may make to us.
NH: jg
77-152
(Meeting 77-20 ,
Agenda item 1 o. 7)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
I AEMORANDUM
August 4, 1977
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Cancellation and Possible Rescheduling of August 24
Meeting
Due to Board menbers ' planned vacations and absences in August,
there will not be a quorum available for the regularly scheduled
August 24 meeting. It is therefore recommended that the Board
cancel the August 24 , 1977 Board meeting.
Since there is a possibility that business will arise during
that time which may require Board action, it is further recom-
mended that the Board tentatively schedule either August 17 or
August 31 as an alternative meeting date, subject to the dis-
cretion of the President of the Board.
(Meeting 77-20,
Agenda item lio. 8)
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING CERTIFICATE OF AUTHORITY OF OFFICERS
(UNITED CALIFORNIA BANK)
WHEREAS , the Board of Directors of the Midpeninsula
Regional Open Space District adopted Resolution No. 77-30
on July 13 , 1977 , approving, authorizing, and directing
the execution of an agreement with United California Bank
to act as paying agent on behalf of the District for the
issuance of $4 ,600 ,000 principal amount of Midpeninsula
Re
gional Open Space District Negotiable Promissory Notes,
Series A; and
WHEREAS , United California Bank has requested that
the Board of Directors designate those officers of the
District who have been duly elected or appointed to sign
written instructions and consents on behalf of the District;
NOW, THEREFORE, BE IT RESOLVED that the Board of Direc-
tors of the Midpeninsula Regional Open Space District does
hereby adopt the Certificate of Authority of Officers attached
hereto as Exhibit A designating those officers of the District
who are authorized to sign written instructions and consents
on the District' s behalf.
CERTIFICATE OF AUTHORITY OF OF'. ___'ERS
Public Agency Name
Address
To: United California Bank
Corporate Trust Department
405 Montgomery Street
San Francisco, California 94104
The Undersigned, Secretary of the Board of Directors of the' Mid-
peninsula Regional Open Space District, hereby certifies, that by
resolution duly adopted by the Board of Directors of this Public Agency,
the officers named upon this certificate have been duly elected or
appointed are now acting and are qualified to sign written instructions
and consents as provided in the By-Laws, etc. , on behalf of this Public
Agency, that the specimen signatures appearing opposite the names and
titles are the genuine signatures of such officers and that said reso-
lutions electing or appointing these officers are now in full force
and effect. You are further authorized to recognize these signatures
until you receive our written instructions to the contrary.
(PRINT) (SIGNATURE)
President, will sign
Treasurer, will sign
General Manager, will
sign
District Clerk, will
sign
In Witness Whereof, I have hereunto
set my hand and affixed the seal of said
Public Agency
This Day of 19
By
Secretary
(EXHIBIT A)
Revised
C-77-17
August 10, 1977
Meeting 77-20
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
Amount Name Description
3445 $25,171. 20 Millard F. Blair Principal & Interest
North Foothills Property
�3454 43.50 Ehlers Electric Co. Maintenance-Permanente Creek Pool
�3455 49.13 Kragen Auto Supply District Vehicle Expense
3456 48 .02 Western Fire Equipment Field Tools
3457 7,100 .00 Don Johnson Construction Improvements-Fremont Older
3458 25.38 N. Timothy Hall Field Supplies-Los Trancos
3459 2,800.00 Castellanos Associates Appraisal Services
3460 4,600. 00 Orrick, Herrington, Rowley Services Rendered-Promissory Notes
& Sutcliffe
3461 50.00 State Treasurer Fee-Promissory Notes
3462 161.56 Orchard Supply Hardware Field Tools
3463 446 .00 Los Altos Garbage Garbage Service-Permanente Creek..
Fremont Older & Montebello
3465 17 . 46 Judy Frosch Telephone Expense
3466 68 . 39 San Jose Art/Paint/Wallpaper Maps & Mapping
3467 242.74 Wood Sign Co. Improvements-Fremont Older
3468 11.65 Young & Associates office Sup-plies
3469 18 .91 John Melton Private Vehicle & Telephone Exp,
3470 608 .29 Pacific Telephone Co. Telephone Service
3471 10,876. 25 Union Bank Interest Payment-Semi Annual
3472 500. 00 U. S. Postmaster Postage Meter
3473 53 . 46 Norney' s Office Supplies
3474 146.71 Savin BusinessMachines Office Equipment Rental
3475 254.49 Lutz Ford Sales Inc. District Vehicle Expense
P476 64 .37 Herbert Grench Meal Conferences & Parking
i�477 32.50 Central Radio Telephone Telephone Service
478 40.71 Stanley Norton Travel, Meals, Telephone & Disc,
!3479 25. 03 Hubbard & Johnson Operating & Maintenance
i Permanente Creek & Fremont Older
C481 4 .00 Lawrence Tire Service, Inc. District Vehicle Expense
0482 10.00 Saratoga News Subscription
# Amount Name Descri tion
3485 $ 30. 61 Graphicstat, Inc. Maps & Mapping
3486 184 .00 Flinn, Gray & Herterich Insurance-Amending Radio Schedule
3488 191,463 .33 Josephine & Anita Picchetti Land Payment,-Principal & Interest
3489 110. 20 Sempervirens Fund Consultant Services
3490 130.68 First American Title Co. Escrow Costs-Leonheart Property
3491 322.42 Four Point Rents Equipment Rental-Field
3492 73.65 Pat Starrett Private Vehicle Expense, Parking &
Xeroxing County Records
3493 52. 45 Bradley Clifford Private Vehicle & Meal Conference
3494 191.70 Screen Machine Field Supplies
3495 19.33 Alvord & Ferguson Field Supplies-Ranger Uniforms
3496 25.47 Herbert Grench Meal Conference
3497 220.00 Maintenance Men Clean Home-Montebello Rd,
3498 109.91 The Packaging Store Field Supplies
3499 14.15 Pacific Telephone Co, Telephone Service"Fremont Older
3500 3 . 64 P. G. & E. Utilities-Picchetti Ranch
3501 217 .73 Steve Kunin Professional Services-Fremont Oldo
502 12.02 The Highsmith Co. , Inc. Library
503 281.27 Sunnyvale Dodge District Vehicle Expense
504 42 .17 Western Fire Equipment Co. Field Supplies
505 40.72 Diversified Transportation Parcel Delivery Service
506 365.70 Techni-Graphics, Inc. Printing Stationery/Business Cards '
507 30. 89 Repro Graphex Certificate & Deed
508 19.08 P. G. & E. Utilities-Fremont Qlder
3509 113.17 California Water Service Co, Utilities-Perm4nente Creek
510 48 .75 San Francisco Newspaper Co. Advertising
511 42. 60 Ace Fire Equipment Co, Field Supplies
512 62. 65 Towill, Inc. Photographic Enlargements & Prints
513 221.95 Petty Cash Meal Conference, 'Maps & ,Mappin
g,
Private Vehicle Expense, , Library,
Distri:ct 'Vehicle Expense{ Postage,
Salary Advances & 'Field Supplies
515 11,500. 00 Suburban Newspaper Securtity Deposit Refund
Publications, Inc.