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HomeMy WebLinkAbout01-06-1988 City Council Staff Reportspw SARATOGA CITY-COUNCIL EXECUTIVE SUMMARY NO.�Z1 AGENDA ITEM MEETING DATE: 1 -6 =88 CITY'MGR. APPROVAL ORIGINATING DEPT: Engineering Dept SUBJECT: Award Contract for "Revision of Civic' Center Landscaping" _ Recommended Mot.ion.: 1. Award contract for revision of Civic Center Landscaping. This project was advertised 'in the Saratoga News on November 18 and-25, 1987. 2, Approve Appropriation Resolution. Repoft Summary : The City received two bids on.December lb, 1987 for the above project.' This project was approved by the City Council on November 4, 1987. The lowest bid.-was A.A.S., Inc. of San Jose, with the total bid of $27,658.00. The Engineer's Estimate for this work was $27,309.00. An additional $3,500.00 will be required for bronze letter (city sign) and 4" concrete slab around flag poles. Fiscal Impacts: Attachments: I. Appropriation Resolution. 2. Bid Summary. Motion and Vote: Staff ' recozdation 5 -0 RESOLUTION NO. 2429. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INCREASING APPROPRIATIONS AND AMENDING THE 1988 FISCAL YEAR BUDGET WHEREAS, it has been recommended by the City Manager that the following transfer - of appropriations and increase in the present budget appropriations be made: NOW, THEREFORE, BE I,T RESOLVED, that the budget' of the City of Saratoga adopted by Resolution 2429 be amended as follows: Transfer: Purpose: FROM: General Fund - Fund Balance TO: 9010 - 4510 - 0931 $ 3,,500.00 Fund Landscaping, identification & flagpoles at City Hall The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of January, 1988 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor Deputy City Clerk 0 - Description •{¢� AM i• „ nAM • �. MWOM Remove & Replace Excavation ®.111 . 111 11 1 ell 1 111 11 le ii 11 11 • o • : 1 M I M-10 • 1 IM 1 1E:�11 1 1 1 1 1 1 • 1 9 1 Install Irrization M.10 1e 1 111 el 1/ 11 11 :111 it : 111 11 Install-4" Steel • p- ® 11 11 le 1 e 1 11 le 11 • •• _� � em, . ee ee eel 1 111 11 .Ile �i _ _11 . 1e1 ee M Wooden with _ m- ��• e1 i ee ee eel 1 eee ee 11 a ee Ie SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: 1/6/88 ORIGINATING DEPT.: City Engineer AGENDA ITEM 3A CITY MGR. APPROVAL 3e SUBJECT: Abandonment of Storm Drain Easements on Sarahills Drive (Tr. 3439, Lots 63 and 64) Public Notice: Resolutions of Intention Published as Legal Ads: December 23, December 30 Notices of Hearing Posted on Property: December 18 Notices of Hearing Mailed to 21 Property Owners within 500 feet: December 28' Recommended Motion: Adopt resolutions. Report Summary: On December 16, the Council adopted Resolutions 2452 and 2453 expressing an intention to vacate the subject easements and setting the public hearing for January 6. After the public hearing, it would be appropriate to adopt the resolutions vacating the easements. Fiscal Impacts: None. Attachments: Resolutions abandoning easements (to be submitted at meeting) Motion and Vote: Staff recommendation 5 -0. A,793 1/7/87. Bob: .f, The Council adopted resolutions 24.58 and 2459 vacating the. storm drain easements on lots 63-and 64 of Tr. 3439 at,last night's meeting. Two property owners raised questions about. _drainage on their property. TheCouncil agreed not to record the resolutions until their questions had been-resolved by you, and they asked you to contact them. They are: Bob Binkley (867- 7050; 257 -9252 during tlhe..day) Marge Shull (867- 1664 - -let phone ring and call late in the afternoon to avoid disturbing .92- year -Old mother) Betsy cc: Erman i i , SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3 I/ AGENDA ITEM: - MEETING DATE: 1/20/88 ORIGINATING DEPT.: Planning CITY MGR. APPROVAL Proposed tentative cancellation of Williamson Act Contract for SUBJECT: 5.1 acres located at 20851 Saratoga Hills Rd. - APN 503 -49 -041, 42 Recommended Motion: If the Council can make the required findings that the cancellation of the Williamson Act Contract is in the public interest and wishes to approve the removal of the land from the Williamson Act, it should approve the Negative Declaration and direct the City Attorney to prepare the necessary resolution approving the tentative cancellation. Report Summary: The Florence Nelson Foundation wishes to develop a 9 -lot residential subdivision on 5.1 acres of agricultural land, two of which are in an apricot orchard. In order to proceed, the Council must tentatively agree to the cancellation of the Williamson Act.Contract after which the City can process a General Plan amendment, rezoning and subdivision of the property. Fiscal Impacts: Increased property taxes to the City upon development of nine single family homes. Attachments: 1. 2. 3. 4. 5: 16. Notion and vote: Staff report to City Council Applicant's petition, legal description, map and Exhibit C "proposed facts & findings...." Letter from Florence Nelson Foundation dated 4/3/87 Schematic plans for subdivision Negative Declaration Correspondence received. THE FLORENCE NELSON FOUNDATION INCORPORATED WITH PERPETUAL EXISTENCE FOR CHARITABLE AND HUMANE ACTIVITIES 120 MONTGOMERY STREET, SUITE 2425, SAN FRANCISCO, CALIFORNIA 94104 (415) 392 -2384 OFFICERS FRANK C. NELSON, HON. CHAIRMAN OF THE BOARD JOHN C. HIGGINS, PRES. ROGER W. ROSS, VICE PRES. EDWINA KUMP, SECTY.-TREAS. DIRECTORS AND ADVISORY COUNCIL JOSEPHINE APPLETON RAY L. BYRNE P. E. GREENLEE YUEN T. GIN JOHN C. HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS I. PECK ROGER W. ROSS April 3, 1987 The Honorable Joyce Hlava Mayor of the City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Mayor Hlava: RFCEJVEo APR 1 0 1987 PLANNING DEPT. 0 After many years of maintaining the property owned by The Florence Nelson Foundation at 20851 Saratoga Hills Road as an apricot orchard and gardens for public use the Board of Directors has determined that, in the best interest and charitable objectives of the Foundation and the public, the property should be sold. Understandably, the City of Saratoga will be concerned about this and members of the City Council have undoubt- edly heard of the sale, under an option agreement, to Ainsley Develop- ment, Inc. pending its obtaining certain approvals from the City. This company is very reputable and has assured us that it will work in good faith with the City of Saratoga. The funds generated from the sale of said property will allow our foundation to substantially increase the number of charitable recipients in the Saratoga area and Santa Clara County including organizations such as the Hakone Foundation which has recently contacted one of our directors, Yuen T. Gin, for assistance. Since 1971 every effort has been made to make this property available for public use as a restful place for local residents to enjoy, a senior citizens facility and a working apricot orchard. The latter has proved totally impractical because of excessive maintenance costs and terminal age of the trees. Neighbors have objected to its use as a public park because of the noise, traffic and parking, motorcycles, unsupervised young people, etc. Some neighbors have even objected to the property being used for senior citizens. In recent years the Foundation has been providing funds to care for and improve the property to make an oasis for the elderly where they could hold meetings, rest, meditate, and generally enjoy the native flora and fauna. Every effort has been made to fulfill these plans but they have proven unfeasible. Additionally, we are unable to insure the property The Honorable Joyce Hlava -2- April 3, 1987 for general public liability or directors and .officers insurance as the cost is exorbitant. The Foundation's 1986 income was $41,000. Income has steadily decreased because of the excessive costs of maintaining the Saratoga property. Eighty -seven percent (87%) of this Foundation's contributions have been distributed to Santa Clara County charities for the past five years. It is respectively requested that you and members of the City Council approve of the change in zoning requested by our buyer, Ainsley Develop- ment, Inc., to build high class residences acceptable to the City of Saratoga. Officers of our Foundation would like very much to personally meet with you and members of the City Council to discuss this transaction more fully and also to answer questions which you may have concerning our organization and its activities. Enclosed are extra copies of this letter for distribution to members of the City Council.' Sincerely yours,. THE FLORENCE NELSON FOUNDATION By John C..Higgins, President Enclosures RES -ND Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 File No. �01 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 65.3 - of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Tentative cancellation of Williamson Act Land Contract on 5.1 acres of land, two (2) of which are in an apricot orchard, in order to consider a General Plan Amendment, rezoning and subdivision of the property into 9 residential lots. Property located at 20851 Saratoga Hills Road. NAME AND ADDRESS OF APPLICANT Ainsley Development, Inc. 2195 Hamilton Ave. San Jose, CA. 95125 REASON FOR NEGATIVE DECLARATION The tentative cancellation will affect only the tax exempt status of the land and will not have any environmental impact. The tentative approval of the cancellation is not an entitlement for use; the underlying open space /outdoor recreation zoning and use will remain unchanged. Any proposed alternative use will require further environmental review. Executed at Saratoga, California this day of , 198 . YUCHUEK HSIA DIRECTOR OF PLANNING DIRECTOR'S AUTHORIZED STAFF MEMBER res -nd1 oguw o9 0&MZUQ)(qT& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 1VIE1!/IOR,ANDLJIVI TO: City Council FROM: City Manager SUBJECT: Nelson Foundation Property DATE. January 19, 1988 --------------------------------------------------------------------------------- The Mayor recalled that about three years ago there was a Use Permit application considered by the Planning Commission on this property. Evidently it was never completed. The Mayor asked -me to research the file on this matter. The. attached information is what the Planning Department found. Harry jm Attachment � Y � 5 7 Z . Planning Commission - - Page 2 �• Minutes - Meeting 4/10/85 SDR -1591 improvements that a.re proposed,, comes under the Site Approval conditioning, at which time the City looks at the conditioning for municipal improvements. He commented that the Montewood Subdivision was conditioned for a 25 ft. half width street on a 30 ft. right -of -way, and this conditioning is consistent with that requirement because of the continuity with the subdivision. Discussion followed on the development of the subdivision and the cost of improving the bridge. Commissioner .McGoldrick suggested a Deferred Improvement Agreement, noting the other potential developments in that area. Staff explained that the City of Saratoga does not control the properties on the other side of the creek. Discussion followed on a possible expansion of 49 %, thereby eliminating this requirement. Mr. Rosing commented that he did not feel that an expansion of that size was practical in the area. Discussion followed on the applicant submitting an estimate of the cost, with a part of it being assessed to this site, rather than the whole cost being borne by the applicant. The City Attorney suggested the possibility of conferring with Monte Sereno to determine whether similar conditions can be imposed on the other developments in the area which would be controlled by them rather than Saratoga. Mr. Rosing described the - Austin corner property, which he also owns, indicating that it was not developable at this time because of the easements required by the Water District. Chairman Sieg.fried suggested that (1) the applicant submit some reasonable estimate of cost, (2) the Staff investigate with Monte Sereno and within Saratoga the possibility of what other sites are in the area that perhaps could ultimately contribute if a Deferred Improvement Agreement were placed on this site, and (3) the matter be continued two weeks. There was a consensus that the applicant should discuss specifications for the improvement of the bridge with Staff. Sty 1 noted that the condition only involves the widening the bridge on the applicant's side of Quito Road. They commented that there are other areas in the City where there. have been bridge widenings required of developments. It was directed that this matter be continued to a Regular Adjourned Meeting on April 16, 1985 at 7:00 p.m. PUBLIC HEARINGS CONSENT CALENDAR Items #3, A- 1060 J. Lohr Properties, 15, A -1076, Gerald and Judith Butler, #6, SD -1356, A. Cocciardi, and #9, UP -572, Nelson Foundation, were removed -for discussion. The public hearing on the balance of the items was opened at 8:02 p.m. Commissioner J: Harris moved to close the public hearing. Commissioner McGoldrick seconded the motion, which, was carried. unanimously. Commissioner McGoldrick moved to approve the balance of the items on the Consent Calendar listed below. Commissioner Burger seconded the motion, which was carried unanimously 7 -0. 4. A -107.5 - Richard and Barbara Polhemus, Request for Design Review Approval for a second -story addition to an existing single -story residence at 12999 Paramount Drive in the R -1- 40,000 zoning district 8. SDR -1458 - John Rankin, Request for One -Year Extension for a four (4), lot Tentative Subdivision Map at.Glen Una Drive in the R -1- 40,•000 zoning district ------------------------------------------------------------------- 10. UP -577 - Albert and Ann Lorincz, Request for Use Permit Approval to allow an existing cabana within 15 ft. of the rear property line at 19605 Glen Una Drive, in the R -1- 40,000 zoning district ------------------------------------------------------------------- Discussion followed on Item #3, A- 1060, E - L, J. Lohr PropertiC, regarding the size of the homes on Lots 2 and 19, and it was clarified that the impervious coverage on Lot 35 is within the standard. _ 2 _ • s el- Planning Commission Minutes - Meeting 4 /10/85 SD -1356 and SD -1368 Page' Staff noted that the actual drainage design is provided for at the time of the final map. They stated that the tentative map probably had some indication of the drainage, but the specifics of that only come forth with the detailed surveying and design for the final map. Commissioner Burger moved to close the public hearing. Commissioner McGoldrick seconded the motion, which was carried unanimously. Commissioner McGoldrick moved to approve the extension of SD -1356 and SD -1368. Commissioner Peterson seconded the motion, which was carried unanimously 7 -0. Discussion followed on Item #9, UP -572, Nelson Foundation. The public hearing was opened at 8:27 p.m. Commissioner McGoldrick gave a Land Use Committee report, agreeing with Staff that the parking situation would be difficult. She suggested that, rather than leaving the monitoring of parking to the seniors who will be using it, at the beginning a member of the Nelson Foundation should serve as a monitor. Peggy Cori; of the Saratoga Senior Coordinating Council, addressed the parking. She stated that she would like to see limited parking permitted on Pontiac Avenue. Roger Ross, 20850 Saratoga Hills Road, appeared with two members of the Board of Directors of the Nelson Foundation and discussed the project. He indicated that they were trying to minimize.parking in the neighborhood and utilize shuttles where possible. Discussion followed on the parking, and Commissioner Schaefer expressed concern relativFr- the parking on Pontiac, which may add a commercial tone -.o neighborhood. Commissioner Peterson commented that he had a probe m with limiting the operation only to vans and shuttles. Staff noted that the condition also involves carpooling. It was pointed out that the Commission has continuing control over the parking with the use permit. Commissioner J. Harris moved to close the public hearing. Commissioner Burger seconded the motion, which was carried unanimously. Commissioner Peterson moved to approve the Negative Declaration and UP -572, per the Staff Report. Commissioner J. Harris seconded the motion, which was carried unanimously 7 -0. PUBLIC HEARINGS lla. A -1064 - Joseph Waller and David Zicovich, Request for Design 11b. V -691 - Review Approval to construct a new two- story, single fam ily residence and Variance Approval to allow constructio of this new structure within 6 ft. of the rear property line and 11 ft. from the front property line, and to exceed 45% impervious coverage at 14035 Saratoga Avenue, in the R -1- 20,000 zoning district ----------------------------------------------------------- - - - - - -- Staff explained the proposal, recommending approval on the Design Review and Variance for the setback. They indicated that they were unable tc make the findings for the Variance for the impervious coverage and recommended denial. Commissioner McGoldrick gave a Land Use Committee report, describing the design. The public hearing was opened at 8:42 p.m. David Zicovich, the applicant, addressed the height, indicating that he could reduce the building 1 -1/2 ft. to 24 -1/2 ft. He stated tha could reduce the width by 2 ft. Relative to the impervious coverage commented that they could have a gravel driveway and be within standard. Staff commented that it was not Staff's intention to restrict the driveway to gravel, adding that they feel there are alternatives ~. ^ � ~ ' � � � - - '-- ' � ' � City of Sorotogo APPROVED GY� _ DA[E^ � DATE: 4/3/85 COMMISSION MEETING: 4/10/85 HPN: S-03-49-41 and 42 89TI.]]CAUT: Roger Ross OWNER:_ Nelson Fn-undation APPLICATION NO. & LOCATION:. UP-S72; 208S1 Saratoga Hills Road ' ------------------------------------------------- : ------------------------------ ACTION REQUESTED: Use Permit Approval to conduct activities for senior citizens ENVIRONMENTAL ASSESSMENT: 8 Negative Declaration has been prepared ZONING: Hnricultural GENERAL PIAN ' Open Space - Managed Resource Production ' EXISTING LAND I-JqF: Residential and Agricultural (apricot orchard) SURROUNDING LAND USES: Predominantly re,idential; Foothill School is located northeast of the -5ity. �.0G Acres � ��-- ` An apricot orchard -is located on the eastern portion of the site. The north oentra! portion of the site !s professionally landscaped including walkyayo, e bridge and pond aruaa. The _ ' ^ k .�' � Report to Planning Commission UP-572' Roger Ross' Saratoga Hills - Date 4/3/85 ^ Page 2 western portion of the site, behind the main residence, is a tree covered ;loped area. H wide variety of trees in located on the site. - The project was discussed at e study session on February S, 1985. The applicant was directed to provide more detailed information to Staff concerning the proposed project, PROJECT DESCRIPTION. The Use Permit is for the following: To allow elderly people to use the Nelson Garden grounds for walking, contemplating, card gann,' discussions, meetings, and lunoheo/pirnios' Walkways' sitting areas and a picnic area are provided on site. A cottage with a full kitchen is also located on the site. The applicant does not anticipate Providing any ncel service for the people who use the groends. The applicant antic/pates that the grounds will be used three or four times a week by groups of up to 25 persons. The grounds would be open for use between 10:00 a.m. and dusk. No building modifications are proposed at this time, 'Thy applicant has indicated to Staff that Board Members of the Nelson Foundation would contact different senior citizen organizations to let them know that the acnior citizens could make use of the grounds for an organized outing. The transportation of the people would be left to the orgenization. The applicant feels that most of the transportation would be by van since most eenicr citizen organizations have vans or mini-buses. Currently, a part time caretaker maintains the grounds of the Nelson Gardens. H part time caretaker will continue and the applicant envisions a full time caretaker residing on the property in the future. However, clean up from activities, in particular picnics, would be the respon5ibil!tuy of the organization using the grounds. STAFF ANAJYSIS: The five-sided property is bounded on four sides by streets. Hooeso to the property is from Saratoga Hills Road which 15 narrow at the point of access. The-driveway is gravel and therefore not striped for Parking. Staff estimates that five cars could park in the area in front of the garages. Another car could park in the area leading towards the mein residence and one near the driveway entrance. However, parked vehicles in either of these locations would begin to hamper maneuverability in the parking area and could create a hazard. ' Staff has contacted the Fire Chief of the Saratoga Firs District. The Fire Chief has indicated that he would require a turnaround area and adequate vehiolr clearance. ` Staff contacted the County Health Department. The Health Department indicated that an increase in use of the facilities could be accommodated provided the property is served by sewer. The property is hooked up to seycr. " C i Report to Planning Commission Date 4/3/85 UP -572, Ross, Saratoga Hills Page 3 Two residential parcels abut the western portion of the site. The western portion of the site would not be used by the senior citizens because of the slope. Activities would occur on the central and eastern portions of the site. Residential properties are located north, east, and south of the site, across the streets which surround the site. The majority of the activities which.would occur under the Use Permit would occur in the cen- tral portion of the site. Adverse noise impacts t.o the surrounding proper- ties are not anticipated because of the type of use and the distance to adjacent residences. FINDINGS: If the applicant complies with all of the conditions listed under Recommendation, the following findings can be made: 1. The proposed location of the conditional use is in accord with the objectiv of the general plan and the zoning ordinance and the purposes of the Agricultural District. The current use on the site will not-change. Provided that vans or car pooling are used for transportation, no adverse traffic impact will occur and on -site parking will be adequate. 2. The proposed location of the conditional use and the conditions under which it would operate will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use complies with the applicable provisions of the Zoning Ordinance and the General Plan. RECOMMENDATION: Staff recommends approval per the Staff Report dated 4/3/85 and Exhibits "B" and "C",, subject to the following conditions: 1. No public media advertising shall b'e done for the use of the Nelson Garden property. 2. All parking for an event permitted under the Use Permit shall be on site. 3. Organizations that use the Nelson Gardens shall use vans, shuttles or car pooling as a means of transportation. 4. Maximum number of people using the site at one time shall not exceed 2S persons. S. Use of the site shall be limited to three times a week. 6. Hours of operation shall be from 10:00 a.m. to dusk. 7. The applicant shall obtain approval from the Saratoga Fire District Chief for a turnaround area and vehicle clearance. - ^ ' . * � ^_ ' - ' Report to Planning Commission Date 4/4/8S' UP-572, Ro55' Sartcga H/l15 . Page 4 S. The Use Perm.-if shall be revieued_in two years. ^ 10. The applicant shall notify Staff in �he first year of any events so that Staff can revi,--y the F-,vent. Any concerns shall be brought to attention of the Planning Conmia-5ion. ^ APPROVED: Lucille Hise Planner P.C. Agenda: 4/10/85 0919W oa 0&m ° 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council DATE: December 30, 1987 FROM: Heritage Preservation Commission SUBJECT:Nelson Gardens Property At its December 16, 1987 meeting, the Heritage Preservation Commission discussed the Nelson Gardens property,on Saratoga Hills Road,that is being reviewed by the Council for cancel- lation of its Williamson Act contract. After discussing the various issues involved in this project, the Commission decided unanimously to forward this brief written communication to the Council to express its support for preservation of the garden property. The Commission believes the gardens and surrounding property serve as an important historic and open space resource for the Saratoga community, and that every effort should be made to preserve it, if possible. The Commission further offers its assistance to the Council in this preservation effort. WAAIVIM i�� _W Warren Heid, Chair Heritage Preservation mmission 09UV1 Qq O&M41 000 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council. DATE: January 1.9, 1988 FROM: City Manager SUBJECT: Nelson Foundation Property ' -------------------------------------------------------------------------- The Mayor recalled that about three years ago there was a Use Permit application considered by the Planning Commission on this property. Evidently it was never completed. The Mayor asked me to research the file on this matter. The attached information is what the Planning Department found. Harry jm Attachment ` s 4V 0 ?, S -7 utrl , Planning Commission - - Page 2 �• Minutes - Meeting 4/10/85 SDR -1591 improvements that are proposed, comes under the Site Approval conditioning, at which time the City looks at the conditioning for municipal improvements. He commented that the Montewood Subdivision was conditioned for a 25 ft. half width street on a 30 ft. right -of -way, and this conditioning is consistent with that requirement because of the continuity with the subdivision. Discussion followed on the development of the subdivision and the cost of improving the bridge. Commissioner McGoldrick suggested a Deferred Improvement Agreement, noting the other potential developments in that area. Staff explained that the City of Saratoga does not control the properties on the other side of the creek. Discussion followed on a possible expansion of 498, thereby eliminating this requirement. Mr. Rosing commented that he did not feel that an expansion of that size was practical in the area. Discussion followed on the applicant submitting an estimate of the cost, with a part of it being assessed to this site,, rather than the whole cost being borne by the applicant. The City Attorney suggested the possibility of conferring with Monte Sereno to determine whether similar conditions can be imposed on the other developments in the area which would be controlled by them rather than Saratoga. Mr. Rosing described the Austin corner property, which he also owns, indicating that it was not developable at this time because of the easements required by the Water District. Chairman Siegfried suggested that (1) the applicant submit some reasonable estimate of cost, (2) the Staff investigate with Monte Sereno and within Saratoga the possibility of what other sites are in the area that perhaps could ultimately contribute if a Deferred Improvement Agreement were placed on this site, and (3) the matter be continued two weeks. There was a consensus that the applicant should discuss specifications for the improvement of the bridge with Staff. Sty, i noted that the condition only involves the widening the bridge on the applicant's side of Quito Road. They commented that there are other areas in the City where there have been bridge widenings required of developments. It was directed that this matter be continued to a Regular Adjourned Meeting on April 16, 1985 at 7:00 p.m. PUBLIC HEARINGS CONSENT CALENDAR Items #3, •A -1060, J. Lohr Properties, #5, A -1076, Gerald and Judith Butler, #6, SD -1356, A. Cocciardi, and #9, UP -572, Nelson Foundation, were removed for discussion. The public hearing on the balance of the items was opened at 8:02 p.m. Commissioner J. Harris moved to close the public hearing. Commissioner McGoldrick seconded the motion, which was carried unanimously. Commissioner McGoldrick moved to approve the balance of the items on the Consent Calendar listed below. Commissioner Burger seconded the motion, which was carried unanimously 7 -0. 4. A -1075 - Richard and Barbara Polhemus, Request for Design Review Approval for a second -story addition to an existing single -story residence at 12999 Paramount Drive in the R -1- 40,000 zoning district ------------------------------------------------------------------ 8. SDR -1458 - John Rankin, Request for One -Year Extension for a four (4) lot Tentative Subdivision Map at•Glen Una Drive in the R -1- 40,000 zoning district ' ------------------------------------------------------------------- 10. UP -577 - Albert and Ann Lorincz, Request for Use Permit Approval to allow an existing cabana within 15 ft. of the rear property line at 19605 Glen Una Drive, in the R -1- 40,000 zoning district ------------------------------------------- ------------------- - ---- Discussion followed on Item #3, A -1060, E - L, J. Lohr Properti regarding the size of the homes on Lots 2 and 19, and it was clarified that the impervious coverage on Lot 35 is within the standard. - 2 . _k • 4 Planning Commission _ Page Minutes - Meeting-4/10/85 SD -1356 and SD -1368 Staff noted that the actual drainage design is provided for at the time of the final map. They stated that the tentative map probably had some indication of the drainage, but the specifics of that only come forth with the detailed surveying and design for the final map. Commissioner Burger moved to close the public hearing. Commissioner McGoldrick seconded the motion, which was carried unanimously. Commissioner McGoldrick moved to approve the extension of SD -1356 and SD -1368. Commissioner Peterson seconded the motion, which was carried unanimously 7 -0. Discussion followed on Item #9, UP -572, Nelson Foundation. The public hearing was opened at 8:27 p.m. Commissioner McGoldrick gave a Land Use Committee report, agreeing with Staff that the parking situation would be difficult. She suggested that, rather than leaving the monitoring of parking to the seniors who will be using it, at the beginning a member of the Nelson Foundation should serve as a monitor. Peggy Corr, of the Saratoga Senior Coordinating Council, addressed the parking. She stated that she would like to see limited parking permitted on Pontiac Avenue. Roger Ross, 20850 Saratoga Hills Road, appeared with two members of the Board of Directors of the Nelson Foundation and discussed the project. He indicated that they were trying to minimize.parking in the neighborhood and utilize shuttles where possible. Discussion followed on the parking, and Commissioner Schaefer expressed concern relativ the parking on Pontiac, which may add a commercial tone to neighborhood. Commissioner Peterson commented that he had a probe m with limiting the operation only to vans and shuttles. Staff noted that the condition also involves carpooling. It was pointed out that the Commission has continuing control over the parking with the use permit. Commissioner J. Harris moved to close the public hearing. Commissioner Burger seconded the motion, which was carried unanimously. Commissioner Peterson moved to approve the Negative Declaration and UP -572, per the Staff Report. Commissioner J. Harris seconded the motion, which was carried unanimously,7 -0. PUBLIC HEARINGS lla. A -1064 - Joseph Waller and David Zicovich, Request for Design llb. V -691 - Review Approval to construct a new two- story, single fam ily residence and Variance Approval to allow constructic of this new structure within 6 ft. of the rear property line and 11 ft. from the front property line, and to exceed 45% impervious coverage at 14035 Saratoga Avenue, in the R -1- 20,000 zoning district ------------------------------------------------- ----------- - - - - -- Staff explained the proposal, recommending approval on the Design Review and Variance for the setback. They indicated that they were unable tc make the findings for the Variance for the impervious coverage and recommended denial. Commissioner McGoldrick gave a Land Use Committee report, describing the design. The public hearing was opened at 8:42 p.m. David Zicovich, the applicant, addressed the height, indicating that he could reduce the building 1 -1/2 ft. to 24 -1/2 ft. He stated tha could reduce the width by 2 ft. Relative to the impervious coverage commented that they could have a gravel driveway and be within standard. Staff commented that it was not Staff's intention to restrict the driveway to gravel, adding that they feel there are alternatives � ' � ' ' � 4v 8PN: S03-49-41 and 42 ' City of 3orwtm9c, APP8[)VED GY; _ DA{E� IN)Tb«LS/ ^ ` DATE: 4/3785 COMMISSION MEETING: 4/10/85 APPLICANT-- Roger Ross. Nelson Fo'undaticn APPLICATION NO, & LOCATION: UP-S72; 20,851 Saratoga Hills Road -------------------------------------- -- -------- ---------------------------- ACTION REQUESTED: Use Permit 8ppro�el to conduct activities, for senior citizens ENVIRONMENTAL � �. 8 Negative Declaration has been prepared / ZONING: Agricultural GENERAL PLAN Open Space - Managed ' Resource Production ' EXISTING LAND H.qF: Residential and Agricultural (aprioot prehard) Predominantly re 5 -ide- n! -iq l� Foothill School is located northeast of the site. PARCEL SIZE: S.@G Acres NATURAL FEATURES & VEGETATI.ON: � An apric.,ot orchard is located on the eastern portion o f the sit-- The north central porti.nn of the .5,ite i .; . professionally landaos�ed including yalkyay5, a bridge and pond areas. The Repnrt to Planninn Commission UP-S72, Roger Ross, Saratoga Hills %C- Date 4/3/RS Paqe 2 western portion of the site, behind the main residence, is a trf8 coverers sloped area. A wide variety of trees is located on the cite, AA_rVGRniiND: The project was di5riu.SSPd at a .study .5 ess nn on Fehriiary S, 198.S. The applicant i_ia.5 directed to provide more rietaileri information to Staff concerning the proposed project, PROJECT OEgnPTPTTnN: The Use Permit is for the following: To allow elderly people to use the Net -son Garden grounds for walking, contemplating, Gard names, discussions, meeting5, and lunches /picnics. Wa11;.4jay5, sittir.Q areas and a picnic area are provided on site. A cottage with a full kitchen i.5 also located on the site. The applicant does not anticipate providing any meal Service for the people who use the grounds. The applicant anticipates that the grounds will be used three or four times a week- by groups of up to 2S persons. The grounds would he open for use between 10:00 a.m. and dusk.. No building modifications are proposed at this time. -The applicant has indicated to Staff that Board Members of the Nelson Foundation would contact different .senior citizen organizations to 1 -et them know that the Senior citizens could make use of the grounds for an organizers outing. The transportation of the people would be left to the organization. The applicant feels that most of the transportation would be by van Since most Senior citizen organi_atinn5 have vans or mini- bu5B5, Currently, a part time caretaker maintains the grounds of the Nelson Gardens, A part time caretaker will continue and the applicant envicion5 a full time caretaker residing on the property in the future. However, Glean up from activities, in particular picnics, would be the respon5ibilituy of the organization using the grounds. STAFF ANAI YSiS: The five-sided property i5 bounded on four c_irir S by streets. Access to the property is from Saratoga Hi11.5 Road which i5 narrow at the point of access. The-driveway gravel and therefore r -- v_i i5 n�_ h_. ne +. striped for parking. Staff estimates that five cars could park in the area in front of the garages. Another Gar could park, in the area leading towards the main residence and one near the driveway entrance. However, parked vehici_es in either of these locations would begin to hamper maneuverability in the part: i nrg area and could create a hazard. Staff has contacted the Fire Chief of the Saratoga Fire nictriGt, The Fire chief ha.5 indicated that he would require a turnaround area and adequate vehicle clearance. Staff contacted the. County Health Department. The Health Department indicated that an increase in use of the facilities could he accommodated provided the property is Served by 5eller. The property is hooked up to Sewer. T .1 . .%( Report to Planning Commission UP -572, Ross, Saratoga Hills tic Oate 4/3/85 Page 3 Two residential'oarcels abut the western portion of the site. The western portion of the site would not be used'by the senior citizens because of the slope. Activities would occur on the central and eastern portions of the site. Residential properties are located north, east, and south of the site, across the streets which surround the site. The majority of the activities which..would occur under the Use Permit would occur in the cen- tral portion of the site. Adverse noise impacts to the surrounding proper- ties are not anticipated because of the type of use and the distance to adjacent residences. FINDINGS: If the applicant complies with all of the conditions listed under Recommendation, the following findings can be made: 1. The proposed location of the conditional use is in accord with the obj.ectiv of the general plan and the zoning ordinance and the purposes of the Agricultural District. The current use on the site will not-change. Provided that vans or car pooling are used for transportation, no adverse traffic impact will occur and on -sit -e parking will be adequate. 2. The proposed location of the conditional use and the conditions under which it would operate will not be detrimental to the public health, safety or welfare or materiaaly injurious to properties or improvements in the vicinity. 3. The proposed conditional use complies with the applicable provisions of the Zoning Ordinance and the General Plan. RECOMMENDATION: Staff recommends approval per the Staff Report dated 4/3/85 and Exhibits "B" and "C", subject to the following conditions: 1. No public media advertising shall b -e done for the us,e of the Nelson Garden property. 2. All parking for an event perm-itte d under the Use Permit shall be on site. 3. Organizations that use the Nelson Gardens shall use vans, shuttles or car pooling as a means of transportation'. 4. Maximum number of people using the site at one time shall not exceed 25 persons. S. Use of the site shall be limited to three times a week. G. Hours of operation shall be from 1.0:00 a.m. to dusk. 7. The applicant shall obtain approvaa from the Saratoga Fire District Chief for a turnaround area and vehicle clearance. t ~_ ' � ^ ' . --' -- . Report to Planning commission � � on Oate WAS- UP-672, Rosa, Sartoga Hills Page 4 8. The We Permit shell be- rev1eued .in two years. 10. The applicant shall notify Staff in the first year of Any events so that Staff can revi-ew the event. Any concerns shall be brought to attention of the Planning Commission. / APPROVED: x�- Lucille Hzse Planner P.C. Agenda: 4/10/8S SANFORD A. BERLINER' SAMUEL J, COHEN' CLARENCE A. KELLOGG, JR. HUGH L IS OLA' ANDREW L FABER WILLIA M J. GOINES' ROBERT W. HUMPHREYS MICHAEL H. KALKSTEIN MYRON L BRODY RALPH J. SWAN50N PEGGY L SPRINGGAY JOSEPH E. OWORAK JEFFREY M.FORSTER GARY J. COHAN RONALD S. MECKLER SAMUEL L FARE LINDA A. CALLON NORMAN D. THOMAS ALAN J. PINNER JOHN M. DALEY ROBERTA S. HAYASHI RUSSELL J. HANLON OF COUNSEL THEODORE J. BIAGINI BERLINER, COHEN & BIAGINI BY HAND DELIVERY ATTORNEYS AT LAW TIMOTHY T. HUBER _ MARY BETH LONG A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS NANCY J. JOHNSON ANNE F. NESTER UNION BANK BUILDING KEVIN F. KELLEY 99 ALMADEN BOULEVARD. SUITE 400 KATHLEEN K. SIPLE DAVID D. NAGLER SAN JOSE. CALIFORNIA 95113 CHRIS SCOTT GRAHAM LYNN G. McKINNON TELEPHONE 14081 286 -5800 JAMES P. CASHMAN SCOTT R, HOVER•SMOOT P. LAWRENCE KLOSE (� January 19 1988 THOMAS P. MURPHY , STEVEN J. CASAO JEANETTE R. YOUNGBLOOD THOMAS A. BARTASI JONATHAN. D. WOLF NANCY F, THORNTON JEROLD A. REITON j ROBERT L. CHORTEK CYNTHIA M. CIMA STACY L SAETA 'A PROFESSIONAL CORPORATION FACSIMILE: 14081 998.5388 The Honorable Don Peterson and City Councilmembers City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Williamson Act Cancellation on Florence Nelson Property, 20851 Saratoga Hills Road Your Agenda of January 20, 1988, Item 8A Honorable Mayor and Councilmembers: As you know, we represent Ainsley in support of the Florence Nelson Foundation petition for cancellation of the Williamson Act contract. We respectfully request that the Council approve cancellation, since the Council can and should make the necessary findings for cancellation, and this land is truly inappropriate for a Williamson Act contract. I_ Government Code Section 51282 states that a Council may grant tentative approval for cancellation if it finds that cancellation is in the public interest, which requires findings that other public concerns substantially outweigh the objectives of the Williamson Act, and that either there is no proximate noncontracted land both available and :suitable for the alternative use proposed on the site, or that development of the site would provide more contiguous patterns of urban development than development of the proximate noncontracted land. As to the first finding, clearly in this instance other public concerns substantially outweigh the objectives of the Act. There is a concern by the Foundation to nurture its trust in the best interests of the public, and this land is an economic impediment to achieving that purpose. Other public concerns r\ The Honorable Don Peterson . and City Councilmembers Page Two January 19, 1988 / include an isolated., unprotected parcel of land in the neighborhood attracting loiterers and illegal dumping, and the decaying of a non.producing orchard attracting vectors. On the other hand, the Williamson Act objectives do not apply at all to this property. Government Code Section 51222 declares it is in the public interest for local officials to retain agricultural lands subject to contracts if large enough to sustain agricultural uses, and presumes that such parcels should be at least ten acres in size if it's prime land, or at least 40 acres if not prime land. (This property is only 5.1 acres.) Other objectives include preservation of the agricultural economy of the State and production of food, providing an agricultural work force with housing on the property for laborers and discouraging discontiguous urban development which increase the cost of public services to City residents. (Government Code Section 51220.) This property is not appropriate for any of those uses, and would promote contiguous urban development. Some residents have mentioned the use of the land as open space under the Williamson Act.. However, "open space" use is appropriate under the Act only as defined therein, which states such land must be either within a scenic highway corridor, a wildlife ha-bitat area designated by a council after consulting with and considering the recommendation of the Department of Fish and Game as an area of great importance for the protection or enhancement of the wildlife resources of the State, a salt pond, a managed wetland area, or a submerged area. (Government Code Section 51201.) This property doesn't meet any of those definitions. Clearly, these facts support the Council in a finding that public concern substantially outweigh the objectives of the Act. The second required finding is either there is no proximate noncontracted land, both available and suitable for the proposed alternative use of the property, in this case a residential subdivision, or that development of this property would provide more contiguous patterns of urban development than development of other "proximate noncontracted land." Such land is defined as land sufficiently close to the site to serve as a practical alternative. "Suitable" means that salient features of the proposed use can be accommodated on the alternate land. "Available" is not defined. (Some cities use "available" to mean for sale or imminent.for development.) The City's staff report listed .four candidate sites for proximate noncontracted land suitable and available. However, The Honorable Don Peterson and City Councilmembers Page Three January 19, 1988 none of the sites are available in that they are not for sale and are not in locations where development is imminent. Furthermore, as described below, none of the four sites can preserve salient features of the alternative use proposed for the Nelson property. 1. Parcel No. 503- 22 -74. -This 1`.75 acre lot is located on Marion Road. It is improved with a well- maintained home and has a well - maintained orchard. Due to, these improvements and its unavailability, the lot cannot serve as a practical alternative. 2. Parcel No. 503- 29 -78. This Saratoga Hills Road, 1.17 acre (not 1.78 acres as stated in the staff report) lot slopes up from the road to a small ridge., and then falls off along the south and western sides. Overall, this lot is steep and may encounter soils problems associated with construction. Because the property is not for sale and is not subdividable, it is not a practical alternative site. 3. Parcel No. 50.3 -29 -103. This 2.12 acre lot located on Saratoga Hills Road is extremely steep. The steepness of this parcel would very likely prohibit any building or subdividing. Any structure on this site would also have a negative impact on the neighborhood, due to the lack of screening that would be available. The numerous problems, including its lack of availability, make this lot an unsuitable alternative project. 4. Parcel No. 503- 50 -19. Upper Hill Road ends in a Cul -de -Sac where this 2.19 acre parcel is located. This property is not suitable for development, due to the fact that there is no feasible access to a building pad because of its excessive slope upward from the road.* Again, this lot is unavailable, not subdividable., and difficult to build a suitable structure on. Therefore this lot cannot be considered a practical alternative. In summary, the Council has facts before it from which it can make the finding that there is no proximate noncontracted land which is both available and suitable for the proposed alternative use of this property, a residential subdivision. Alternatively, if the Council learns other facts which lead it to conclude there is such land available, the Council can make the finding that development of this property would provide more contiguous patterns of urban development than development of the other properties, since this property is entirely surrounded by developed residential subdivisions. The Honorable Don Peterson and City Councilmembers Page Four January 19, 1988 / Finally, the Act does allow the Council to consider the uneconomic character of the existing use if there is no reasonable or comparable agricultural use to which the land may be put. Nelson Foundation has provided documentation of the uneconomic use as an orchard, and the parcel is too small under the Act to even be defined for agricultural use. .Please give me a call if I can clarify Williamson Act questions. LAC /dje Very truly yours, BERLINER, COHEN & BIAGINI LINDA A. CALLON c BERLINER, COHEN & BIAGINI SANFORD A. BERLINER' ATTORNEYS AT LAW TIMOTHY T HUBER SAMUEL COHEN' MARY BETH LONG CLARENCE A KELLOGG. JR. A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS NANCY J. JOHNSON HUGH L. ISOLA' ANNE L. NEETER ANDREW L. FABER UNION BANK BUILDING KEVIN F KELLEY WILLIAM J GOINES' 99 ALMADEN BOULEVARD, SUITE 400 KATHLEEN K. SIPLE ROBERT W. HUMPH REYS DAVID D. NAGLER LER MICHAEL H. KALKSTEIN SAN JOSE. CALIFORNIA 95113 CHRIS SCOTT GRAHAM MYRON L BRODY LYNN G McKINNON RALPH J SWANSON TELEPHONE 14081 286-5800 JAMES P CASHMAN PEGGY L SPRINGGAY SCOTT R HOVER SMOOT JOSEPH E. DWORAK P LAWRENCE KLOSE JEFFREY M FORSTER THOMAS P. MURPHY GARY J COHAN January 20, 1988 STEVEN J CASAD RONALD S MECKLER JEANETTE R. YOUNGBLOOD SAMUEL L. FARE THOMAS A BA RTA SI LINDA A. CALLON JONATHAN D WOLF NORMAN D THOMAS NANCY F THORNTON ALAN J. PINNER " JEROLD A REITON JOHN M DALEV ROBERT L CHORTEK ROBERTA S. HAYASHI CYNTHIA M. CIMA RUSSELL J. HANLON STACY L SAETA OF COUNSEL 'A PROFESSIONAL CORPORATION THEODORE J. BIAGINI FACSIMILE: 14081 9985388 BY HAND DELIV Y Ms. y Depulerk City oga /ruitvale 1377 Avenue Sara 95070 Re: Williamson Act Cancellation on Florence Nelson Property, 20851 Saratoga Hills Road City Council Agenda of January 20, 1988, Item 8A Dear Ms. Cory: Enclosed please find copies of information submitted from the Florence Nelson Foundation as well as my letter to the City Council dated January 19, 1988 which were distributed to the Council by hand delivery. Please include this in the record. Thank you. Very truly yours, BERLINER, COHEN & BIAGINI LINDA A. CALLON LAC /dje Enclosures cc: Mr. Harry R. Peacock Mr. Yuchuek Hsia Hal Toppel, Esq. (each w /enclosures) BERLINER, COHEN & BIAGINI SANFORD A, BERLINER' SAMUEL J. COHEN* CAWRENCE A. KELLOGG; JR. HUGH L ISOLA' ANDREW L FABER WILLIAM J. GOINES' ROBERT W. HUMPHREYS MICHAEL H. KALKSTEIN MYRON L BRODY RALPH J. SWANSON PEGGY L SPRINGGAY JOSEPH E. DWORAK JEFFREY M. FORSTER GARY J. COHAN RONALD S. MECKLER SAMUEL L FARB LINDA A, CALLON NORMAN D. THOMAS ALAN J. PINNER JOHN M. DALEY ROBERTA S. HAYASHI RUSSELL J. HANLON OF COUNSEL THEODORE J. BIAGINI BY HAND DELIVERY ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS UNION BANK BUILDING 99 ALMADEN BOULEVARD. SUITE 400 SAN JOSE. CALIFORNIA 95113 TELEPHONE 14081 286.5800 January 19, 1.988 The Honorable Don Peterson and City Councilmembers City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Williamson Act Cancellation on Florence Nelson Property, 20851 Saratoga Hills Road Your Agenda of January 20, 1988, Item 8A Honorable Mayor and Councilmembers: TIMOTHY T. HUBER MARY BETH LONG NANCY.J. JOHNSON ANNE L NEETER KEVIN F. KELLEY KATHLEEN K. SIPLE DAVID D. NAGLER CHRIS SCOTT�GRAHAM LYNN G.. MaKINNON .JAMES P. CASHMAN SCOTT R. HOVER -SMOOT P. LAWRENCE KLOSE. THOMAS P. MURPHY STEVEN J. CASAD JEANETTE R. YOUNGBLOOD THOMAS A. BARTASI JONATHAN D. WOLF NANCY F. THORNTON JEROLD A. REITON ROBERT L CHORTEK CYNTHIA M. CIMA STACY L SAETA 'A PROFESSIONAL CORPORATION FACSIMILE: 14 081 998-5388 As you know, we represent Ainsley in support of the Florence Nelson Foundation petition for cancellation of the Williamson Act contract. We respectfully request that the Council approve cancellation, since the Council can and should make the necessary findings for cancellation, and this land is truly inappropriate for a Williamson Act contract. 1 Government Code Section 51282 states that a Council may grant tentative approval for cancellation if it finds that cancellation is in the public interest, which requires findings that other public concerns substantially outweigh the objectives of the Williamson Act, and that either there is no proximate noncon.tracted land both available and suitable for the alternative use proposed on the site, or that development of the site would provide more contiguous patterns of urban development than development of the proximate noncontracted land. As to the first finding,. clearly in this instance_ other public concerns substantially outweigh the objectives of the Act. There is a concern by-the Foundation to nurture its trust in the best interests of the public, and this land is an economic impediment to achieving that purpose. Other public concerns The Honorable Don Peterson and City Counci.lmembers Page Two January 19, 1988 include an isolated, unprotected parcel of land in the neighborhood attracting loiterers and illegal dumping, and the decaying of a nonproducing orchard attracting vectors. On the other hand, the Williamson Act objectives do not apply at all to this property. Government Code Section 51222 declares it is in the public interest for local officials to retain agricultural lands subject to contracts if large enough to sustain agricultural uses, and presumes that such parcels should be at least ten acres in size if it's prime land, or at least 40 acres if not prime land. (This property is only 5.1 acres.) Other objectives include preservation of the agricultural economy of the State and production of food, providing an agricultural work force with housing on the property for laborers and discouraging discontiguous urban development which increase the cost of public services to City residents -. (Government Code Section 51220.) This property is not appropriate for any of those uses, and would promote contiguous urban development. Some residents have - mentioned the use of the land as open space under the Williamson Act. 'However, "open space" use is appropriate under the Act only as defined therein, which states such land must be either within a scenic highway corridor, a wildlife habitat area designated by a council after consulting with and considering the recommendation of the 'Department of Fish and Game as an area of great importance for-the protection or enhancement of the wildlife resources of the State, a salt pond, a managed wetland area, or a submerged area. (Government Code Section 51201.) This property doesn't meet any of those definitions. Clearly, these facts support the Council in a finding that public concern substantially outweigh the objectives of the Act. i The second required finding is either there is no proximate noncontracted land, both available and suitable for the proposed alternative use of the property, in this case a residential subdivision, or that development of this property would provide more contiguous patterns of urban development than development of other "proximate noncontracted land." Such land-is defined as land sufficiently close to the site to serve as a practical. alternative. "Suitable" means that salient features of the proposed use can be accommodated on the alternate land. "Available" is not defined. (Some cities use "available" to mean for sale or imminent for development.) The City's staff report listed four candidate sites for proximate noncontracted land suitable and available. However, `1 I , The Honorable Don Peterson and City Councilmembers Page Three January 19, 1988 / none of the sites are available in that they are not for sale and are not in locations where development is imminent. Furthermore, as described below, none of the four sites can preserve salient features of the alternative use proposed for the Nelson property. 1. Parcel No. 503- 22 -74. This 1 -.7.5 acre lot is located on Marion Road. It is improved with a well - maintained home and has a well - maintained orchard. Due to these improvements and its unavailability, the lot cannot serve as a practical alternative. 2. Parcel No. 503- 29 -78. This Saratoga Hills Road, 1.17 acre (not 1.78 acres as stated in the staff report) lot slopes up from the road to a small ridge, and then falls off along.the south and western sides. Overall, this lot is steep and may encounter soils problems associated with construction. Because the property is not for sale and is not subdividable, it is not a practical alternative site. 3. Parcel No. 503 -29 -103. This 2.12 acre lot located on Saratoga Hills Road is extremely steep. The steepness of this parcel would very likely prohibit any building or subdividing. Any structure on this site would also have a negative impact on the neighborhood, due to the lack of screening that would be available. The numerous problems, including its lack of availability, make this lot an unsuitable alternative project. 4. Parcel No. 50.3- 50 -19. Upper Hill Road ends in a Cul -de -Sac where this 2.19 acre - parcel is located. This property is not suitable for development, due to the fact that there is no feasible access to a building pad because of its excessive slope upward from the road. Again, this lot is unavailable, not subdividable, and difficult to build a suitable structure on. Therefore this lot cannot be considered a practical alternative. - In summary, the Council has facts before it from which it can make the finding that there is no proximate noncontracted land which is both available and suitable for the proposed alternative use of this property, a residential subdivision. Alternatively., if the Council learns other facts which lead it to conclude there is such land available, the Council can make the finding that development of this property would provide more contiguous patterns of urban development than development of the other properties, since this property is entirely surrounded by developed residential subdivisions. The Honorable Don Peterson and City Councilmembers Page Four January 19, 1988 / Finally, the Act does allow the Council to consider the uneconomic character of the existing use if there is no reasonable or comparable agricultural use to which the land may be put. Nelson Foundation has provided documentation of the uneconomic use as an orchard, and the parcel is too small under the Act to even be defined for agricultural use. .Please give me a call if I can clarify Williamson Act questions. LAC /dje 6 Very truly yours, BERLINER, COHEN & BIAGINI (f . LINDA A. CALLON J I THE FLORENCE NELSON FOUNDATION I N CORPORATE WITH PE RPf TUAI EXISif NCE FOR CHARITABLE AND HUMANE ACTIVITIES 120 MONTGOMERY SIPEEI, SUITE 2425, SAN FRANCISCO, CALIFORNIA 04104 (415) 302.2384 OFFICERS FRANK C. NELSON. HON. CHAIRMAN OF THE BOARD JOHN C. HIGGINS. PRES. ROGER W. ROSS, VICE PRES. EDWINA KUMP. SECTY,- TREAS. DIRECTORS AND ADVISORY COUNCIL JOSEPHINE APPLETON RAY L. BYRNE P. E. GREENLEE YUEN 1. GIN JOHN C. HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS I. PECK ROGER W. ROSS January 13, 1988 The Honorable City Council Members City of Saratoga 137777 Fruitvale Avenue Saratoga, Ca. 95070 Re: The Florence Nelson Foundation Nelson Gardens located at 20851 Saratoga Hills Road Saratoga, California. Dear City Council Members: This letter is submitted by The Florence Nelson Foundation. The purpose of this letter is to provide the Council with additional information prior to the meeting of the City Council to be held on January 20, 1988. There is enclosed herewith the following: (1) Articles of Incorporation of The Florence Nelson Foundation (2) Pro Forma Balance Sheet and Income Statement (3) Letter from Mr. Frank C. Nelson Nelson Gardens was acquired by Frank C. Nelson together with substantial other property in the adjacent area (circa early 1930's.) Except for , the Nelson Gardens, all of the property purchased by Frank C. Nelson has been sold, and now is used for residential purposes. When Frank Nelson contributed the property to The Nature Conservancy starting in 1971, he intended that the Nelson Gardens be preserved as a historical apricot orchard for the general public as an example of the vanishing apricot orchards as they once flourished in the early days of the Santa Clara Valley. At one time there was equipment and tools located on the premises which were used in the harvesting and drying of apricots. a THE FLORENCE NELSON FOUNDATION INCORPORATLO WITH PERPETUAL FXISIINCE FOR CHARITABLE AND HUMANE ACTT las 120 MONTGOMERY STREET, SUITE 2425. SAN FRANCISCO, CALIFORNIA 94104 (415) 392 -2384 OFFICERS FRANK C. NELSON; HON. CHAIRMAN OF THE BOARD ,. JOHN C. HIGGINS. PRES. ROGER W. ROSS. VICE PRES. EDWINA KUMP, SECTY.•TREAS. DIRECTORS AND ADVISORY COUNCIL JOSEPHINE APPLETON RAY L. BYRNE P. E. GREENLEE YUEN T. GIN JOHN C HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS I. PECK ROGER W. ROSS Page .2 After acquiring all of the Nelson Gardens, The Nature'Conservancy deter- mined that it was not within the purposes of its organization to hold and maintain,property such as the Nelson Gardens-for the length of time that Mr. Nelson envisioned. The Nature Conservancy, therefore, transferred the property'to the California State Parks Foundation with the intent that the California State Parks Foundation would attempt to hold d and maintain the Nelson Gardens in accordance with Mr. Nelson's wishes. The Florence Nelson Foundation contributed to the California State Parks Foundation to assist the California State Parks Foundation in maintaining the Nelson Gardens. After owning and operating the Nelson Gardens for over six years, the California State Parks Foundation also determined that, because of the labor and costs involved, the California State Parks Foundation could not continue to hold and maintain the Nelson Gardens. With the consent of the Nature Conservancy, the California State Parks Foundation transferred the Nelson Gardens to The Florence Nelson Foundation in 1984 with the intent that The Florence Nelson Foundation would attempt to hold and main- tain the Nelson Gardens to carry out Mr. Nelson's wishes. After acquiring the Nelson Gardens, The Florence Nelson Foundation made good and sincere efforts to preserve, the Nelson Gardens as an apricot orchard and make,the Nelson Gardens ava- ilable to the general public, especially senior citizens of the community. The exhorbitant' and ever increasing cost of maintaining the Nelson Gardens; including taxes, labor, insurance and maintenance costs make it most difficult for The Florence Nelson Foundation to retain the property for the purposes for which Frank Nelson envisioned. The final blow was the inability of The Florence Nelson Foundation to obtain liability insurance protection against the contemplated uses for the Nelson Gardens. Mr. Frank C. Nelson fully agrees with the decision of the Board of Directors to sell the Nelson Gardens and use the proceeds of the sale to accomplish the charitable objectives of The'Florence Nelson Foundation. A copy of' Mr. Nelson's letter is enclosed. THE FLORENCE NELSON FOUNDATION INCORPORAI(O WITH PIRPIIO ►1•I NISII NEI IOR CHARIdAR1( AND HUMANE ACTIVITIES 120 MONTGOMERY STREET, SUITE 2,125, SAN FRANCISCO. CALIFORNIA 94104 (415) 392 -238A OFFICERS FRANK C. NELSON, HON, CHAIRMAN OF THE BOARD JOHN C. HIGGINS... PRES. ROGER W. ROSS. VICE PRES. EDWINA KUMP, SECTY.- TREAS. DIRECTORS AND ADVISORY COUNCIL JOSEPHINE APPLETON RAY L. BYRNE P. E. GREENLEE YUEN T. GIN, JOHN C. HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS I. PECK . ROGER W. ROSS Page 3 The Florence'Nelson Foundation firmly believes that it is in the best interest of the County of Santa Clara, which includes the City of Saratoga, that the Nelson Gardens,be sold. The Board of Directors of the Florence Nelson Foundation has not changed its' decision to sellNelson Gardens . as presented to the Council in a prior meeting, except that one Director, Willys'Peck, now feels the Nelson Gardens should not be sold. The sale of the Nelson Gardens would generate approximately '$1,84,000 additional gross income each year and increase cash available for charitable recipients by approximately $172,000. (Said figure depends on the final sale proceeds from the Nelson Gardens.) The benefits from the sale would be shared by the entire community, whereas retention of the Nelson Gardens would benefit only a very small se.gment•of the community. Advocates of retaining the Nelson Gardens have proposed uses for the Nelson Gardens which are not at all clear and it is extremely doubtful whether the size of the Nelson Gardens would accommodate any of the uses proposed. Further= more, there already exists in the Santa Clara Valley several ,symbolic apricot orchards which the general public can observe for a history of the apricot industry as it once flourished in Canta Clara County. .Respectfully submitted THE FLORENCE NELSON FOUNDATION John C. Higgins President THE FLORENCE NELSON FOUNDATION STATEMENT OF ASSETS AND LIABILITIES SEPTEMBER 30, 1987 AND PRO FORMA SEPTEMBER 30, 1988 AFTER CONSUMMATION OF-SALE AS'S�TS Cash Investments Nelson Gardens, Saratoga Property Other Assets Total Assets LIABILITIES AND CAPITAL Ainsley Construction Deposit Capital Total Liabilities and Capital Sep. 3.0 1987 146,-848 406,508 1 83 553,440 Pro Forma Sep. 30 1988 2,450,000 4.00,000 2,850,000 5,000 - 548,440 2,850,000 553,44.0 2,850,000 THE FLORENCE NELSON FOUNDATION STATEMENT OF REVENUES, EXPENSES AND CAPITAL YEAR ENDED SEPTEMBER 30, 1987 AND PRO FORMA•SEPTEMBER 30, 1989 Yr. Ended Yr. Ended Sep. 30 Sep. 30 1987 1989 Revenues Interest, Etc. 60,388 244,000 Proceeds from Sale of Apricots 219 - Total Revenues 60,607 244,000 Expenses Rent 1, 500 1,500 Taxes 1.,027 4,200 Insurance 508 3,000 Preparation of Federal & State Income Tax Returns 1,920 2,500 Investment Counsel Fees 2,087 10,000' Bank Agency & Custodian Fees 916 5,000 Office Wages, Payroll Taxes & Insurance 7,8'6.1 10,000 Office Supplies. 61 - Nelson Gardens' Expense 9,605 - Total Expenses 25,485 36,200 Net Revenue.s Available for Contributions 35,122 207,800 Contributions Paid 35,700 207,800 Net Gain (Loss) for Year ( 578) - Capital at Beginning Fiscal Yr. 565,331 Capital Loss Yr. Ended 9/30/87 (19,813) Contribution Received 3,500 549,018 2,850,000 Capital at End Fiscal-Year 548,440 2,850,000 * Pro Forma statement is prepare-d for the year ended September 30, 1989 because it would •represent the first full year of income from proceeds of sale of the property after close of escrow.. A IYSLEY DEVELOPMENT, INC. January 18, 1988 The Honorable City Council Members City of Saratoga 137777 Fruitvale Avenue Saratoga, CA. 95070 Ladies and Gentlemen: Enclosed, please find information that has been provided by the Florence Nelson Foundation. We hope this information will clarify any confusion concerning the Saratoga Hills property. Since y yours, Bruce D. Bowen Ainsley Development, Inc. 2195 HAMILTON AVENUE, SAN JOSE, CALIFORNIA 95125 0 408/559 -1117 P.O. BOX 7583, SAN JOSE, CALIFORNIA 95150 THE FLORENCE NELSON .FOUNDATION INCORPORAII.0 WITH PI RPFIUAI IYIS If NCI FOR CHARIIABIE AND HUMANE ACTIVIfIfS 120 MONTGOMERY STREET. SUITE 2425, SAN FRANCISCO, CALIFORNIA 94104 (415) 392 -2384 OFFICERS ' FRANK C. NELSON. HON. CHAIRMAN OF THE BOARD JOHN C. HIGGINS. PRES, ROGER W. ROSS, VICE PRES. EDWINA KUMP, SECTY.- TREAS. DIRECTORS AND ADVISORY COUNCIL JOSEPHINE APPLETON RAY L. BYRNE P. E, GREENLEE YUEN T. GIN JOHN C, HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS 1, PECK ROGER W. ROSS January 13,'1988 The Honorable City Council Members City of Saratoga 137777 Fruitvale Avenue Saratoga, Ca: 95070 Re: The .Florence Nelson Foundation Nelson Gardens located at 20851 Saratoga. Hills Road Saratoga, California. Dear City Council Members: This 'letter is submitted by The Florence Nelson Foundation. The purpose of this letter is to provide the Council with additional information prior to the meeting of the City Council to.be held on January 20, 1988. There is enclosed herewith the following: (1) Articles of Incorporation of The Florence Nels.on Foundation (2) Pro Forma Balance Sheet and Income'Statement (3) Letter from Mr. Frank C. Nelson Nelson Gardens was acquired by Frank C. Nelson together with substantial other property in the adjacent area (circa early 1930's.) Except for the Nelson Gardens, all of the property.purchased by Frank C. Nelson has been sold, and now is used for residential purposes. When Frank Nelson contributed the property to The Nature Conservancy starting -in 1971, he intended that the Nelson Gardens be preserved as a historical apricot orchard for the general public as an example of the vanishing apricot orchards as they once flourished in the early days of the Santa Clara Valley. At one time there was equipment and tools located on the premises which were-used in the harvesting and drying of apricots. THE FLORENCE NELSON FOUNDATION INCORPORATED WITH PERPETUAL EXISTENCE FOR CHARITABLE AND HUMANE ACTIVITIES 120 MONTGOMERY STREET, SUITE 2425, SAN FRANCISCO. CALIFORNIA 94104 (4.15) 392 -2384 OFFICERS FRANK C. NELSON, HON. CHAIRMAN 'OF THE BOARD JOHN C. HIGGINS. PRES. ROGER W. ROSS, VICE PRES. EDWINA KUMP, SECTY.- TREAS. DIRECTORS AND ADVISORY COUNCIL JOSEPHINE APPLETON RAY L. BYRNE P. E. GREENLEE YUEN T. GIN JOHN C. HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS I. PECK ROGER W. ROSS Page 2 After acquiring all of the Nel.son Gardens, The Nature Conservancy deter- mined that it was not within the purposes of its organization to hold and maintain property "such as the Nelson Gardens for the length of time that Mr. Nelson envisioned. The Nature Conservancy, therefore, transferred the property to the.California State Parks Foundation with the intent that the California State Parks Foundation would attempt to hold and maintain the-Nelson Gardens in accordance with Mr. Nelson's wishes. The Florence Nelson Foundation contributed to the California State Parks Foundation to assist the California State Parks Foundation in maintaining the Nelson Gardens. After owning and operating the Nelson Gardens for over six years, the California State Parks Foundation also determined that, because of the labor and costs involved, the California State Parks Foundation could not. continue to hold and maintain the Nelson Gardens. With the consent of the Nature Conservancy, the California State Parks Foundation. .transferred the Nelson Gardens to The Florence Nelson .Foundation in 1984 with the intent-that The Florence Nelson Foundation would attempt to hold and main- tain the•Nelson Gardens to carry out Mr. Nelson's wishes. After acquiring the Nelson'Gardens, The Florence Nelson Foundation made good and sincere efforts to preserve the Nelson Gardens'as an apricot orchard and make-the Nelson Gardens available to the general public, especially senior-citizens of the community. The exhorbitant and ever increasing cost of maintaining the Nelson Gardens, including taxes, labor, insurance and maintenance costs make it most difficult for The Florence Nelson Foundation to retain the property for the purposes for which,Rrank Nelson envisioned. The final blow was the inability of The Florence Nelson Foundation to obtain liability insurance protection against the contemplated uses for the Nelson Gardens. Mr. Frank C..Nelson fully agrees with "the decision of the Board of Directors to sell'the "Nelson Gardens and use the proceeds of the sale to accomplish the charitable objectives of The Florence-Nelson Foundation. A copy of Mr. Nelson's letter is- enclosed. r THE FLORENCE. NELSON .FOUNDATION INCORPORATEO WITH PE RFE_TUAL IXISTUNCE FOR CHARITABLE AN0 HUMANE ACTIVITIES 120 MONTGOMERY STREET, SUITE 2425, SAN FRANCISCO. CALIFORNIA 94104 (415) 392.2384 OFFICERS FRANK C. NELSON; HON. CHAIRMAN, OF THE BOARD JOHN C. HIGGINS, PRES. ROGER W. ROSS. VICE PRES. EDWINA KUMP. SECTY.-TREAS. DIRECTORS AND ADVISORY COUNCII JOSEPHINE APPLETON RAY L. BYRNE P. E. GREENLEE YUEN T. GIN JOHN C. HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS I. PECK ROGER W. ROSS Page 3 The Florence Nelson Foundation firmly believes that it is in the best interest of the County of Santa Clara, which includes the City of Saratoga, that the Nelson .Gardens be sold.. The Board of Directors of the.Florence Nelson Foundation has not changed its' decision to sell Nelson Gardens as presented to the Council in a prior meeting, except that one Director, Willys Peck, now feels the Nelson Gardens should not be sold. The sale of the Nelson Gardens would generate approximately $184,000 additional gross income each year and increase cash available for charitable recipients by approximately $172,000. (Said figure depends on the final sale proceeds from the Nelson Gardens.) The benefits from the.sale would . be shared.-by the entire community, whereas retention of the Nelson Gardens would benefit only a very small segment of the community. Advocates of retaining the Nelson Gardens have proposed uses for the Nelson Gardens which are not at all clear and it is extremely doubtful whether the size of the Nelson Gardens would accommodate any of the uses proposed. Further- more, there already exists in the Santa Clara Valley several symbolic apricot orchards which the general public can observe for a history of the apricot industry as it once flourished in Canta Clara County. Respectfully submitted THE FLORENCE NELSON FOUNDATION John C. Higgins President at, i• � �c7 �y�r�� 0 Co ifornio OFFICE OF THE SECRETARY OF STATE I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That the annexed transcript was prepared by and in this office from the record on file, of which it pu-rports to be a copy, and that it.is full, true and correct. IN 117ITNESS 1,17HEREOF, I execute this certificate and affix the Great Seal of the State of Califomia this MAR 2 1 1984 WOA& SecrctarV of State L E ARTICLES OF INCORPORATION OF THE HUMANE FOUNDATION IRAHK By_ We., the undersigned, all of whom are citizens of the UniftWi States•of America and residents of the State of California, hereby voluntarily associate ourselves. together for the purPOB-4 of forming a nonprofit corporation under -the laws of the State of California' particularly under Sectiona 90e0 to 9802 both inclusive of the Cali- fornia Corporation Code. We hereby certify that: (a) The name of the corporation (hereinafter sometimes referred to as the 'I.-OUNDATION") shall be and is TEE HUIAAH FQMATIQH (b) The specific and primary purposes for which said foundation is formed are exclusively religious, charitable, acioutific, literary, and educatioual, without regard to race, color, or creed, or any person 'and as hereinafter in -.*his article (h). set forth, (1) To conduct and carry on the work of the Founda- tion not for.profit but exclusively for religious, charitable, scientific, literary, and educational purposes, in such manner that no part of its Anco-me-or property shall inui:e to tho benefit of any member, director, officer, or other individual bavAng.a personal or private iut4rest'in this Foumdatlrkr!, or any member of his or her family (family being defined as husband, wife, mother, father, son, daughter, brother, sisttr, or cousin to the first degree of such individual) provided said Foundation shall not in any way, directly or indirectly, engage in carrying an propaganda or otherwise attempt to influence legislation. >4 (2) Subject always to the provisAons of paragraph (1) of this article (b), to undertake, promote, and encourage the humane treatment of animals and the prevention of cruelty to animals; to undertake, promote, develop, and carry on religious, charitable, acientific, literary, and/or educational work; to establish and maintain in whole or in part religiouti, charitable, scientific, literary, and/or educational agencies o• institutiona, and without limiting the generality of the foregoing, in the absolute discretion of the Board of Directors, to make donations, gifts, contributions, and loans out of the annual net income and/or assets of the corporation (without limit as to the amount going to any one recipient, or in the aggregate, to All recipients), to or for the use of any and all corporations, organizations, foundations, InRtltutione, the United Statee, any state, territory, or political uub- division thereof, the District of Columbia, governmental bodies, or other projects which are being carried on for religiovs, charitable, scientific, literary, and/or educa- tional purposes, Including the promotion and encouragement of the humane treatment of animals and the prevention of .cruelty to animals. -1- m � 3) In the event that any person by Iast viII and trs•ta- ment, decd or ot.hcr writi.r.g, ala'y g1Ve t`1 the Foundation fonds, securities, and %or other properties, and tll+•1'f :Fn may designate one or more limited purposes ;within t.he scope of the general purposes stated in siubdivd;tong (1) and (2) of this article ,'b)) to which. the whole or a po1•tioa of the principal arid /or income of such gift are to be applied by the Fo+lndat.ion; and /ur may give certain directions regarding thv time, manner, ;.mounts, and /or conditions of the application or disposition of such gift or of the proceeds. principal and /or income thereof, by the Foundation, and /or otherwise may curtail, as respects Such gift only, the powers, authorities and /or dis- cret.tons which, as regards the corporate property generally, are granted to and vested in the Board of Directors by the other provisions of these Articles of incorporation, in such event the Board of Directors of the Foundation in its bole discretiou, may accept such gift and upon such accept- ance shall hold, administer, and 'apply the funds, securities and /or ether proper.ttes so given, notwithstanding any of the other provisions of these Articles of incorporation, strictly in accordance with the provisions of such last will and testament, deed or other writing. in no event and m under no circumstance, however, shall the Foundation accept any such gift or undertake the administration or distribu- tion thereof, if the limited purpose or purposes to which the principal, income and /or accumulations thereof are to be applied and distributed, shall not be within the scope of the general purposes stilted in st:bdivisions (1) and (2) of this article (b). (4) Subject to such restrictions and under such con- ditions as may be imposed by law, to lend money either with or without interest, in such sums as the 17oard of Directors may from time to time determine, and either with or without security, collatoral or endorsement for•such loans. (5) subject always to the provisions of paragraph (1) of this article (b). to accept by gift, devise, bequest,•or othcrwi6e real 2nd personal property of every kind and description wherosoever the same may he situated and without limit ar, to aaount; and to purchase, hold, itransferel•orest, use, mortgage, pledge, sell, lease, assign, otherwise dispose of the; principal vnd income of the funds and property of the Foundation of ederiandsd and buildings descrip- tion and in particular, loans, money, mortgages, shares, stocks, debentures, bonds, securities, concessions, bills, notoa, book - debts, cl.atmu and any interest in any property which may tN necessary or conven- ient for the conduct of he work of the Foundation; and 20 enter into, make, perform, and carry o +tt contracts of evory kind or nature for any of the purposes of the Founda- tion vithout limit as to amount; and to have one or more offices to carry on all or any of the operations and to rxercise any of the powers of the Foundation_ (6) Subject always to the provisions of paragraph !1) of thin article (b), to do all and ever:ythtng necessary, suitable, and proper for the accomplishment of any et the purposes or the attainment of any of the objects or the furtherance of any of the powers hereinbe.fore set forth and to the same extent as natural persons might or could do, either alone cr through the agency of other corpora - tions, organizations, foundations, institutions, govern- mental bodies or individuals, and to do every other act or acts, :king or things ,ncidental or appurtenant to or growing out of or connected with the aforesaid objects or purposes or env part or parts th :cof, and to do all S 0 thins not fOrhidden by the laws of the Stat,. of California ,Ind with all th,� powers conferred uron corporations by the laws of said $tats (7) Sul),'" t missy's to the provisJOns of paragraph (1) of th!s article ;h), to (a) Sue and be sued. (b) Hake, contracto. (c) Receive property by devise or bequest, subject to the laws regulating the transfer of property by 'will, and otherwise acquire and hold all property, real or- personal,' including shares Of stock, bonds, and securities of other corporations. (d) Act as trustee under any trust in- cidental to the principal objects of the cor- poratio.q, and receive, hold, administer, and expend funds and property subject to such trust. (e) Convey, exchange, lease, mortgage, encumber, transfer upon trust, or otherwise disposo of all pruperty, real or personal. :f) Borrow money., contract debts, and issue bonds, notes, and debentures, and secure the payoont or performance of its obligations. (K) Do All other acts necessary or ex- pediont for the administration of the affairs and attaiwee6t of the purposes of the corporation. (c) This foundation is•orgaaized purst)ant to part 1 of viz- division 2 of Title 1 of the Corpnration Code, (d) The county in this State where the primary office for the transaction of business of the corporation is 1(,cated is the City and.County of San rr ancisco. (e) The names and addresses of the persons who are to act in the capacity of Directora until the selection c1 their successors are as follows: Names Addressers Prank C. Nelson 1874 Yosemite Road, Berkeley, California. Florence G. Nelson 1874 Yosemite Road, Berkeley, California. L. U. wrixon 21 Rock Lane, Berkelev, California. John C. Higgins 963 Oxford Strut, Berkeley, California. Virginia ComstGck 2466 - 21st Avr,nue, San Francisco, California, -3- ,n :y :i Q' (f) This Foundati.un shall have no .ap it, I slack. (K) This Foundation shall huva perpetual ex islencr. (h) The private property of the lflcorpJ7`3tprs, Tubers, direr- tors, and o.f.ficers of this Foundation sha!1 not be suh,j:,ct to the pavmeni c.L corporate d:nbts to any extent whatever. i) in ti.e event of the liquidation, dissolutlon,'or winding ul: of this Foundation, whether voluntary, involuntary, or by opera- tion of law, except as may be prov,4dcd by law, the !]h ectors of the ; :oundation shall have the power to'dispose of the total assets of this Foundation is such manner as they, in the exercise of any aLso- lute and uncontrolled discreticn may by a majority vote determine; provided, however, that such disposition shall be calculated ex- elusively to carry out the objects and puspcses for which the Foundation is formed. (j) 711e Foundation reserves the right to amend, change, or repeal any provision contained in this certificate in the manner now or hereafter prescribed by statute, provided, however, that any such action shall nut contravone the objects and purposes for which the Fcundatio-1 is ,formed as set forth in these articles, and all rights herein conferred on directors and members of the corporation are granted subject to'this reservation. IN WITNESS 7MEOF, we have set our hands this 12th day of August, 1932.. Frank C. Nelson a. ; Ort e G. Nelson v L. V. lirixon Jon C. Higgins cr -4- (5t_ss) Virginia Comstock i I f i r STATE OF CALTFORNTA i CITY AND COUNTY OF SAh FRAYCIS.O ss C On this ; :' day Of August, 1952, bef, orc me. JOHN 1'. BURNS, a NOt1ry Public in and for the City and Cou.ity of San Francisco, S'.ati- of California, residing therein, duly commissioner and sworn, Personally appeared Frank C. Nelson, (Mrs.) 11orence G. Nelson, L. W. Wrlxon, John C. Higgins, and (Bliss) Virginia Comstock, known to me to be the persons whose names are subscribed to the within instrument, and they acknowledged to me g that s ame . they executed the IN 1fI1NESS MBtCY, I have hereunto set my hand and affixed my.official seal at my office in the City and County of San FranciscO, State of Califorria, the day and year in this certificate first above written. ;S 1 J 1jC1IARY PU9LIC, In and fur the City dad County of San Francisco, tate of California. '1 MrCos.:r.:••;, ; . ;e•�y1i�12,1953 1 -J- l ;S 1 J '1 . 1 -J- l E� u*• CEN.TIFICP.Tr.'. OF AMEt;L'Ni:N^ OF d.RTIG'LES OF INCUkF`UHA_ liiN OF 'i HE HUMANE FOUNGATIi>N The •:ndersigned, FRALNK C. NELSUN and VIRGINIA COMSTOCK, hereby certify that they ire respec *.ively, and have been at all c times herein mentioned, the duly elected and acting President and Secretary of THE HUMANE FOUNDATION, a nrn- profit corporation urgan- Szed under the laws of the State of California, and further tnat: I At a special meeting of the Board of Directors of said corporation duly held-at 187h Yoaemite Road, Berkeley, California at 8:00 o'clock P. K. on the 17th day of :4ovemb-ar, 1955, at which meeting there was at all times prls4n; end acting a quorum and a majorlty of the members of said board, resolutions were adopted i -by the affirmative vote of at least a 'Majority of the membars of said board, appro >ing and adopting in Amendment to the Articles of I .rA • '� • Incorporation, a cope of said reaGiutions, marked "Bzhfbii•A ", " being attached'heretu and made a pa.•t of this Certificate. • '! I The number of meMbera of said corporation having voting power and ;onsenting to said amendment to said Articles of Incor- poration is five (5), and a copy of the written consent executed by :said members is attached hereto, marked "Exhibit R ", and made a ., part of this Certificate, III The total number of members of said corporation having voting power and entitled to consent to the adoption of such amendment is fiv,) (5). IN HITVF_SS WHEREOF, the underoignwd have executed this M a Au. F.Y{. MINUTE; OF 1) CIAL Mi%TI1lD OF '!'} B0: fiD OF Di'RE.0 }'ORS OF =hE NUTtAltiE FOUNDATI_OT! f A SPecial Meeting of the*Board o FCI,'NDATICN MBa held e p f Directors of "RE t 1- 74.Yoaemit M`�ANE t a Road, Berkeley, Cf1ll'fornia, on Ho�ember i `� —�• 19 5, at 8 o�clock P. M. "he fo'll -Ming directors we" Present: ',. Frank C. Nelson Plorence 0. Malec n .�: John C. Higgl" �,, L X• wrlaon Director R. N. 1[at!hewa Jr. pas absent. v. }� Virginia C l;mstoek sutaQ as Secretary of the The President stated the pul'Dry f +Heating. that mooting vr;a tc ccnsldir a holding this •aeoial n6 sot Incor this upon bn AM"C' ant to the Articles of Doretion of corporation, (4) of Art.ola b The Chairman referrsd to par& i ( ) and then summarized the S�'aph ProYOaed 20 make to this portion of aasan4meIt khSgh it Dreg This matter was the Articles of discussed and r °0�'Dorotiob, thereafter on motion duly mad4, aecondsd t� and unanistoualy carried '-, , the toliowi 1r w►8 reaolctlons were adoptedr 1R Articles °ofI' that Daregraph 4 BraDh f ;Incorperstlo.7 of d)gOf article (b) of thew Dora sae follows; undation wh1ch ( ) reads urine Foundation �.J•" 74) Sub r conditions sect toe im rootrietiorne and undo nay be imposed b r aucn either with or without interest lax, to lend and elthariwlthoo racy frost ti., to ties Sums as the "'• endows Mitbout eecurit eterml.r anent for such lo&na," 7, oallateral or be ar>ended to read as foliouas �=r "M gijb conditions aacm�,to such restrictions and under Rosrdao bile rated ofMintereet in such lend mu�eyh and x recFore may frog time oh sums ey the ;�;•• ith adequato aeourit LO time data 3'•::' 9 for auo loans." mine. "SOY WED, this oor OWED, PURTH3A, "tat the Board to its rPoratosnoldreby adopts and of Directors of Ynoorpora:lon. QDP:•o�ea Bald amendmegt A "RFSO ",;J�--U, thnt the Pres;.dent and the Secretary of thin corporst,icn be en:! they acre hereby authorized Ord airect:ed tc nign and verify by their 03t:hc and to file c• cert7ficate In the form .sne mnnner req•jirad by seoticn 3(72 of the Cali!'ornis Corpbrntion= COde and, In general, to do a'ny and all things nec.essnry to effact gold amendment In oocord- ance with snid doctlon 3672." There beInS no farther burinose to come before the meoting, on motion duly made, seconded and ;.nan7mously carried, the mooting addourned. VIP. MIT CO"STOCK ecrIi:ary -2- FRANK C. NELSON repi3cn • .1 WAIVER OF NOTICF OF A SPECIAL METING OF THE BOARD CF DIRECTORS 'OF THE H-UMANE FOUNDATION The Undersigned, being all Of the Directors of The Mumone Foundation, 9 California corPdration, do hereby waive notice and consent to the holding of a special meeting of the Board of Directors of said corporation on the 17th day, Of November, 1955, at 1874 Yooemits Rood, Jl Berkeley,, California, at the ho'ur of 8 Oftlo-ok P. m, of said day. Datod at Barkela7, Callforale, this 17th of NOVamber, 1955. FRANK C. -MELSO)i MOPENCE 0. NELSON' J(M C. HiGaINS R. W. MAMEWS L. W. WRIXON r WSITTIEN CONSENT OF MFMBEIi 3 TO AMFJ,' U-T OF ARTICL8S OF I14CC•RPORATI'Z CF THE h'UMNIZ FOUNDATION WHEREAS, at n speoi9l Feet. rg of the Board of Direc: tore of THE HIMAHH FOUNDATION, a non - profit corporation orgenizee. under the lbws of the State of Callfornic, duly held at 1874 Yosemite Road, Berkelty, Colifornis, on the 17th day of November, 1955, at which meeting there was at all t3,nes precent and acting s quorum and A majority of the mAmbe s of said Board, %n amend- ment of the Articles of Incorporation of said corporation wss adopted and approved by resolution of said Board amending para- graph (4) of article (b) of said Articles of inn orporn-tion, which paregraoh (4) read as follows pr -or to said amendment: '(4) Subject to such restrictions and under such conditions as nay be imposed by lAw, to lenC money either with or r.ithout interest, in such suma as the Board of Direotors may from time to t1t+e deterrine, and althe.r with or without na- eurity collateral or endorsement for such loens ", to read as followvt "(4) Subject to atich restrictions and under such conditions as may b0 imposed by law, to lend money at reasonable rates of interest in such auma as the Board of bire'torn may from tims to time determine, and with ade4uste security for such to &", , NOW, THS'RErOA.E, each of the undersigned members of said corporation does hereby adopt, approve, and eonarint to the :ore -. going emenintnt of said Artiolet of Incorcaorition, ana foes heraby censont that caid Articles of Ineorporetion be smonl6d to read as tare,,. ant forth. IN ' .TN=--* WIIB.REOP, each of the undersigned has here- unto signed is or hor name, and following his or her rtaRO•, "FXHIBI�" B" the data of gjgnjrLg this Written Consent cf mernb*,.a to Amend- ment of Artioleg or Incorporation of The Huir"a Foundation. Name . Date FRMX C- NELSON November 18, 1955 FLORVCX a.• NZL.Soyi Nov- 18, 1955 L. W. WUXOH Nov- 18, 1955 jm C. HIGOINS December 8, 1955 R. W. Katthows, jr. December 1, 1955 Q C"•• of 14�' W.�' 41 44 J441 9 'D63 of e k-. a:-.(: Z'C-Cretazy r :-TV'A?;E --r C At a zpec 1 a -nee.-; 1 m.-; c; rpr ra; lcu d*j 1 he d w. :.f. cc-nbe-r anc ac*:'n;.! a qucr,.:-. Inc a "r.; =,-arc, s here n ':.'.t •embe- z *.:.e Artic-'eZ r:j rts6!-.;z -*Cn!3 teln.., mur/eu —E.-n _.:ac.._ . 4nu malie a par-. cf -' e n e� r of e m t e r z. o a -1 U .- o r p o ajr. ;:cws-:r un; sald �-nen=cn�tz ,r7.e--c:.es Exnlblt una Via. -.e a c f-. r - .. C- -.! 7'ra- !:e son 07Y -:X: E I :;:i F n a. a n mu e -%:icl r:,, c C::: m iiumane Fuuncat _u:,, a r a 7; -;I-fi3 of the S_utc and K.;., a-, ai I of Ba. c.-• L.,) �acr. :.a:; read said Z: . a c e ale r U e t f h I s and; e j n c ind 7.':e '- e t�r r,,j be Z;.. 3- said ircsicen: 'nereta are the gen,.Ine siEna,;L;res c•f said secretary, re2pectivel—y z::),i n .Zl, Ar z. n ::a.-eo and iddresse:., cr -*-Z n ze Ne: OL�l 3 c em C: rke I -^c., rn San r-',ran.--,' :r" in u Tu n I ;It", t -tperlal meet!69 the Y.io,trd or r r, r - -Y- 0 ..tree "all at 77 a th d&y tr Deccrnher, I k L t w h 1 h netting there was at all times present and ncting ;i.-%d a majority of tne nembern of said noavd, amend.mentr, to the Article-15 Of Incorporation of said corporati.rn were (!-,ptec nn,,. i;Ijrove d 3-mending Art.! c 1 e .3 ( .t ) and (c) saCd � :articles of lncorporationl no read as -'ws (a) The name of the cc,rpc)ratIL;n (hercinufter momctl--ne-3 rcforreC tr. in ?OUNDATION" 5hal-, THE KLRENCE 4 (C) The number Corporation nha "' I :-c jan-3 . and addresue5 Or #vvi.o are tO act in the cap&-! D, -ts until the eelectil)"i are: N din e !.5'-,n Berkeley, rallfornlli. nelson 1374 Yo Berkeley, c:j i-, nj xon 21 Rock Lane, Berkeley, Californip- mFX_1n5. 963 �'­-ford Street, Berkeley, Oai1':!•1a rF1n1a co-3tock 21466 - 21st Avenue, San FrancISCO, California. riff - eac,�,. undcraigned mernber Cr Said -Tj(.!j c;•,t!a rierevy adopt., a✓prove and of incorporat'an, sold Artic, % -R, r 0' 9 P' e .*C !?7 r f' lnrcrporat',on !in to vcsd as hcrtinat,(.ve art 1*,> r T" 'I) t:f r:fmhcr:t �H;-AZFCF, "Cn undo-r3lAned --ber ::as .•arounto signed his Or her name. and f'jllc)wlng hIs cr her nama the dtLte of slgnlng t . hjR Written Cr• ,jsent Of Rembicrs to Amcin�cnt or Ar?, -1ag of Incorporal;lun or lli:-- II-IMANE i%)UXDATIG'N. Im=0 Date C. iJolann De a cm bt r 14 1 qf- Wi—rv—c 7-1. DccMb4!F t 7t. . nu�K urn, 'ifixon be c; ",h-er ILI, a r a C, r I.)? i a -1c larnbcr to t1he adootion of ZI:Ld rf_:;011v;iml (-I, nil ;lb f�- r of the :ncmbc.rs consti,tutin� a -:ecru- u T 7 h!. ..ndlmcnt this 18th Of Jr �r1tt�t IC -cn c" ulldcro-itgncd cicc.larcs forth in tile foregoing Certificate are ti"11C a*::; :t San 'Franciscc. Califurnia. cq.. 1 C;71 Frank, F'IL'ED 7 V -a Ghai-i a D t t! f r Ti_ .1_1c1­:nc,:, Ful", a T::: .'In a Cc�'l5CQ_L1`_ - Of' in th!' CLIC!,!ldar _nternal iicv,?jluc:� Of ai IUQ. Cod�, rj-O%,id1r-_� at under Scct.ic.,n 5,21(a) of Ccdounlcsz, 21*11 r.:-, c . C in proviG allythill g Culitaille(I in 'lcoruorati,'jl of thi-c FounJatic,,!`,L-G, 2,V lutwith-,-,tanding: FOUrlda-Lion ,:ha.Lj J `oLrii. 1 ...:1ch taxab 1*2 at in �Ucil a.. TIL).t C UEC u V) th,�- tax cr. 11,)42 of in tr.rnal Foumiation -1-:all llc*, :jny Of ac of ,1"* Foundation •-!)aij hU."Ineszz holdings ai; of' ti'. , int•maj. Chall 11 c,t mak�_, mannvr t an, ,: ,u tax und(-r :i9j..%. _,r Col,-, or jrjr)!,. mun'- - iarii)n of of 19�i), g� 111, , �111* -n c c t.; n I u t i L) n :J C %, C, to the aJoption of -aid resolurion ic -'cu- - nu 7, 1) e r of Con t4 the members �tutin- a :nicrjj, is f u-- :OF. thc undcr.,­Jgn•�d :-,r Amendment this l8th ;:al f U C, _777 -an crt'I'l in the foregoing Ceru'if-j.cat.c at-r Brut• an,; u t San -'runcdocc. Califu:rnia. nj! ile r rank Ofornia l.. OFFICE OF THE SECRETARY OF STATE I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That. the annexed transcript has been compared with the record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this F E B 1 1 19 _. T/Y ALI �r = 1i. 011 Sccrctnry of Stole -17 CERTIFICATE OF AMENDMENT E N DO R S E D OF FILED in the office of the Secrelary of Staff ARTICLES OF INCORPORATION of the stole of California FEB 1 11985 JOHN C. HIGGINS AND EDWINA KUMP certify 1. They are the president and secret THE FLORENCE NELSON FOUNDATION, a 2. Paragraph (1), Article (b) of the of this corporation is amended to MARCH FONG EU, Secretary of State that: By JAMES E. HARRIS Deputy ary, respectively, of California corporation. Articles of Incorporation .read as follows: 11(1) To conduct and carry on the work of the Foundation not for profit but exclusively for religious, charitable, scientific, literary, and educational purposes.and provided said Foundation shall not in any way, directly or indirectly, engage in carrying on propaganda or otherwise attempt to influence legislation." 3. Article (i) of the Articles of Incorporation of The Florence Nelson Foundation is amended to read as follows: "(i) This foundation is not organized, nor shall it be operated, for pecuniary gain or profit, and it does not contemplate the distribution of gains, profits or dividends to the members thereof and is organized solely for nonprofit purposes.- The property, assets, profits and net.income of this foundation are irrevocably dedicated to charitable and religious purposes and no part of the profits or net income of this foundation shall ever inure to the benefit of any director, officer, or member thereof or to the benefit of any private share- holder or individual. Upon the dissolution or, winding up of this foundation, its assets remaining after payment of, or provision for payment of, all debts and liabilities of this foundation shall be distributed to a nonprofit fund, foundation or corporation, which is organized and operated exclusively for charitable and religious purposes and which has established its tax exempt status under Section 23701d of the Revenue and Taxation Code and /or Section 501(c)(3) of the Internal Revenue Code. If this foundation holds any assets on trust, such assets shall be disposed of in such manner as may be directed by decree of the superior court of the county in which this foundation's principal office is located, upon petition therefor by the Attorney General or by any person concerned in the liquidation." 4. The foregoing amendments of Articles of Incorporation have been duly approved by the Board of Directors. The foregoing amendments of Articles of Incorporation have been.duly approved by the required vote of members. A C. HIGGINS, President EDWINA KUMP, Secretar Each of the undersigned declares under penalty of per - jury.that the statements contained in the foregoing Certifi- cate of Amendment of Articles of Incorporation are true of his or her own knowledge and that this declaration was executed on February 4, 1985, at San Francisc California. JO N C. HIGGINS, Pres ent EDWINA KUMP, Secretary THE FLORENCE NELSON FOUNDATION. INCORPDRATID WITH PIRA TUAI IXISTINEI. IDR CHARITARIf AND HUMANE ACTIVITIES 120 MONTGOMERY STREET, SUITE 2425. SAN FRANCISCO, CALIFORNIA 94104 (415) 392 -2384 - OFFICERS FRANK C. NELSON, HON. CHAIRMAN OF THE BOARD JOHN C. HIGGINS, PRES. ROGER W. ROSS, VICE ORES. EDWINA KUMP, SECTY.-TREAS. DIRECTORS AND ADVISORY COUNCIL JOSEPHINE APPLETON RAY L. BYRNE P. E. GREENLEE YUEN T. GIN JOHN C. HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS I. PECK ROGER W. ROSS January 13, 1988 The Honorable City Council Members City of Saratoga 137777 Fruitvale Avenue Saratoga, CA. 95070 Re: The Florence Nelson Foundation Nelson .Gardens located at 20851 Saratoga Hills Road; Saratoga, California. Ladies and Gentlemen: This letter is to confirm to the City Council of the City of Saratoga that I, Frank C. Nelson, fully concur with the decision of the Board of Directors of The Florence Nelson Foundation to sell the Nelson Gardens. I strongly feel that it is no longer appropriate to try to maintain the Nelson Gardens for the purpose which I originally intended, namely, an example of an historical apricot orchard. The Board of .Directors of The Florence Nelson Foundation, including myself, have made sincere efforts to maintain the Nelson Gardens as I intended but the cost of maintaining the Nelson Gardens has become too prohibitive. I respectfully request the Council to grant The Florence Nelson Foundation's request to take the Nelson Gardens out of the Williamson Act. Sincerely yours, Frank C. Nelson, Director The Florence Nelson Foundation THE FLORENCE NELSON FOUNDATION - INFORMATION SHEET Incorporated September 10, 1952 as The Humane Foundation. On December 14, 1962, changed its name to The Florence Nelson Foundation in memory of Florence G. Nelson, wife-of. Frank C. Nelson. (Articles of Incorporation of The Florence Nelson Foundation have been made available to members of the Saratoga City Council by separate letter)' NELSON GARDENS LOCATED AT 20851 SARATOGA HILLS ROAD, SARATOGA, CALIFORNIA 1. Acquired by Frank C. Nelson-and Florence G. Nelson in the 1930's. Put under the Williamson Act (Land Conservation Contract) approximately June 18, 1971. 2. Nelson Gardens transferred to The Nature Conservancy from Frank C. Nelson in installments starting December 22, 1971. 3. Nelson Gardens transferred to the California State Parks Foundation from The Nature Conservancy on October 24, 1977. 4. Nelson Gardens transferred to The Florence Nelson Foundation from the California State Parks Foundation_on March 13, 1984. 4 \-. G LIABILITIES AND CAPITAL Ainsley Construction Deposit 5,000 - Capital 548,440 2,850,000 Total Liabilities and Capital. 553,4.40 2,850,000 THE FLORENCE NELSON FOUNDATION. _ STATEMENT OF ASSETS AND LIABILITIES SEPTEMBER,30, 1987 AND PRO FORMA SEPTEMBER 30, 1988 AFTER CONSUMMATION OF SALE ASSTS Pro For Sep. 30 Sep. 3 1987 19'88 Cash 146,848 2,450,000 Investments 406,508 400,000 Nelson Gardens, Saratoga Property 1 - Other Assets 83 - Total Assets 553,440 2,850,000 LIABILITIES AND CAPITAL Ainsley Construction Deposit 5,000 - Capital 548,440 2,850,000 Total Liabilities and Capital. 553,4.40 2,850,000 THE FLORENCE NELSON FOUNDATION STATEMENT OF REVENUES, EXPENSES AND CAPITAL YEAR ENDED SEPTEMBER 30, 1987 AND PRO FORMA SEPTEMBER 30, 1989 Revenues Interest, Etc. Proceeds from Sale of Apricots Total Revenues Expenses Rent Taxes Insurance Preparation of Federal & State Income Tax Returns Investment Counsel Fees Bank Agency & Custodian Fees Office Wages, Payroll Taxes & Insurance Office Supplies Nelson Gardens' Expense Total Expenses Net Revenues Available for Contributions Contributions Paid Net Gain (Loss)' for Year Capital at Beginning Fiscal Yr. 565,331 ' Capital Loss Yr. Ended •9 /30/87 (19,8'13) - Contribution Received '3,500 Capital at End Fiscal Year Yr. Ended Yr. Ended Sep. 30 Sep. 30 1987. 1989 60,388 24.4,000 219 - 60,607 244,000 1,500 1,500 1,027 4,2:00 '508 3,000 1,920 2,500 . 2,087 10,000 916 5,000 7,86.1 1.0,000 .61 - 9,605 - 25,48'5 36,200 35,122 207,800 35;,700 207,800 ( 578) - 549,018 2,850,00.0 548,440 2,850,000 Pro Forma statement is prepared for the year ended September 30, 1989 because it would represent the first full. year of income from proceeds of sale of the property after close of escrow. THE* FLORENCE NELSON FOUNDATION INCORPORATED WITH PE RPIJUAI E. MISTf._Hf,E FOR CHARITARIf ANO HUMANE ACTIVITIES 120 MONTGOMERY STREET, SUITE 2425, SAN FRANCISCO, CALIFORNIA 94104 (415) 392 -23'84 OFFICERS FRANK C. NELSON, HON.. CHAIRMAN OF THE BOARD JOHN C. HIGGINS. PRES. ROGER W. ROSS, VICE PRES. EDWINA KUMP, SECTY.- TREAS. DIRECTORS AND ADVISORY COUNCIL JOSEPHINE APPLETON RAY L. BYRNE P. E. GREENLEE YUEN T. GIN JOHN C. HIGGINS EDWINA KUMP FRANK C. NELSON HELEN R. NELSON WILLYS I. PECK ROGER W. ROSS January 13, 1988 The Honorable City Council Members City of Saratoga 137777 Fruitvale Avenue Saratoga, CA. 95070 Re: The Florence Nelson Foundation Nelson Gardens located at.20,851 Saratoga Hills Road, . Saratoga, California. Ladies and Gentlemen: This letter is to confirm to the City Council of the City of Saratoga that I, Frank C. Nelson, fully concur with the decision of the Board of Directors of The Florence Nelson Foundation to sell the Nelson Gardens. I.strongly feel that it is no longer appropriate to try to maintain the Nelson Gardens for the purpose which I originally intended, namely, an example of an historical apricot orchard. The Board of Directors of The Florence Nelson Foundation, including myself, have made sincere efforts to maintain the Nelson Gardens as I intended but the cost of maintaining the Nelson Gardens has become too p= rohibitive. I respectfully request the Council to grant The Florence Nelson Foundation's request to take the Nelson Gardens out of the Williamson Act. Sincerely yours, L. C Frank C. Nelson,�Director� /� The Florence Nelson Foundation 1 r' Law Offices of Haflgftsan A Professional Corporation File No. S412 -001 January 20, 1988 The Honorable Don Peterson, Mayor Karen P. Anderson, Vice Mayor Martha Clevenger, Council Member Joyce Hlava, Council Member David P. Moyles, Council Member City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Nelson Gardens 60 South Market Street, Suite 900 San Jose, California 95113 -2303 ddd Telephone 408 275 6300 Telecopler 408 275 0315 Pleasanton Office: 4637 Chabot Drive. Suite 112 Pleasanton, California 94566 -4050 Telephone 415 463 9430 Telecopier 415 463 2997 Honorable Mayor and Members of the City Council: We represent the Friends of Nelson Gardens regarding their opposition to cancellation of the Williamson Act contract covering Nelson Gardens to permit a proposed residential development. The Nelson Gardens has been subject to a Williamson Act contract since 1971. Granting the property tax protection afforded by the Williamson Act contract was done in return for the owners agreeing to maintain Nelson Gardens in agricultural use, which has been an apricot orchard, nature center, and adjacent grassland. The public benefits of that use include benefits of an educational nature from exhibiting the agricultural heritage of this region and exhibiting an important agricultural process from the beginning in the ground to the final fruit product. The orchard and the adjacent grasslands also provide public benefits of the sort provided by open space in a developed urban area.. The Nelson Foundation has petitioned this counsel to cancel the Williamson Act contract to permit development of nine houses on the property. Friends of Nelson Garden believes that such cancellation is inappropriate and would violate the Williamson Act. The California legislature recognized when the Williamson Act was enacted that property subject to Williamson Act Contracts may change use over time. Thus, the Steven L Hallgrimson Dixon R. Howell Joseph P DiCIuccio Eric Wong Roger R, Brandon David A Marlon Howard S. Miller Linda M. Lyons Jane P. Relyea Lawrence L. Lppardo Harvey E Levine Ronald 1. Rainey David C. Burgess Donna Becker Mark L Hirsch Karen E. Heggie John S. Pasco, Jr. Jo Ann DeRuvo Daniel J. Mash Thomas D. Murtha Patricia A. Welch Nancy L Brandt Kevin A. Goodwin Of Counsel David H. Bowers A Professional Corporation City of Saratoga January 20, 1988 Page 2 property owner can terminate the contract by notifying the local government that the owner does not wish the contract to be renewed, and the dontract will expire by its own terms. The legislature also recognized that in certain circumstances a change in use may be required before the term expired. Accordingly the Williamson Act provides a mechanism for cancellation. These cancellation provisions were not intended to be - - - lightly used. The leading California Supreme Court case interpreting the Williamson Act cancellation provisions, Sierra Club v. The City of Hayward in 1981, stated that the legislature intended that cancellation be done only in "strictly emergency situations" or only in the "most extraordinary circumstances ". The Court also quoted an Attorney General's opinion which stated that cancellation can be granted only upon "extremely stringent conditions." The cancellation provisions of the Williamson Act were amended after the Sierra Club v. City of Hayward, and the argument has been made that this rule regarding extraordinary circumstances does not apply. The Friends of Nelson Garden disagree, believing that the City Council can and should quite properly consider this interpretation of the Williamson Act. In addition, current legislation's intent supports keeping property within the Williamson Act. The California legislature recently raised the tax penalty for cancellation of Williamson Act Contracts as an indication of the State's desire to preserve open space. The cancellation provisions provide specific grounds (findings) that the local government must determine exist as a prerequisite for cancellation of the contract. Generally speaking, the local government must determine that ending the agricultural or open space use of the subject property and developing it for another purpose generally serves the public better than continuation of the use. Further, the local government must find that the alleged public benefit favoring cancellation cannot be obtained by developing other property not subject to the Williamson Act. Friends of Nelson Garden believe based on review of the circumstances of this case and material offered in support of the petition for cancellation, that the City Council cannot make the findings required by the City of Saratoga January 20, 1988 Page 3 statute and thus the Williamson Act contract cannot be cancelled as requested. The first of the two basic grounds is that cancellation is consistent with the purposes of the Williamson Act. In order to satisfy this ground, the City Council must make five specific supporting findings. The second basic ground is that cancellation is in the public interest. In order to satisfy this, the City Council must make two specific supporting findings. These two will be discussed in some detail below. Since one of these two is included among the five specific findings required for the first ground, that ground fails for one reason that the finding that cancellation is in the public interest cannot be made. The two specific supporting findings are that: (1) other public concerns substantially outweigh the objectives of the Williamson Act, and (2) that there is no proximate non - contracted land both available and suitable for the proposed development or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. The City Council as the legislative body for the City of Saratoga has the responsibility, within the bounds provided by law, to determine the public benefits from Nelson Gardens continued existence and to determine the public benefits from development. The City Council must also weigh these benefits. For cancellation, the Council must decide that the benefits of development substantially outweigh the objectives of the Williamson Act and the benefits of a use permitted by the Williamson Act contract. The applicant's petition for cancellation supports this finding primarily by stating that there is no recognizable benefit under the Williamson Act. The applicant also supports the petition by claiming that Nelson Gardens is an economic detriment to the Foundation. The Friends of Nelson Gardens strongly disagree that Nelson Gardens does not satisfy any objectives of the Williamson Act. The Friends believe that continued use of this property for the purposes that the contract was originally entered into furthers the objectives of the Act. The Sierra Club v. City of Hayward case states that "Inasmuch as a decision that cancellation City of Saratoga January 20, 1988 Page 4 is in the public interest reflects the conclusion that continued restriction is contrary to the public interest, the criteria for originally restricting the use of the land seem equally relevant to cancellation." The City Council of the City of Saratoga determined when it entered into the Williamson Act Contract for Nelson Gardens that the public benefit of a working orchard, the open space benefits of undeveloped agricultural property, the benefit to the agricultural industry of this state from education about the industry and its agricultural heritage justified the William Act contract. These same benefits can continue to exist today. The Friends of Nelson Garden believe that the City accurately weighed the competing uses in 1971 and determined that the public benefits most from continuation of Nelson Gardens. That decision should be reaffirmed today by continuing Nelson Gardens. The cancellation provisions also states that the uneconomic character of an existing agriculture use is not by itself sufficient reason for cancellation unless there is no other reasonable or comparable agricultural use to which the land can be put. The Council must consider whether these benefits can be attained from continuation of Nelson Gardens in some alternative fashion or by conversion in some manner to another agricultural use. Again, bear in mind that the City Council must find that the benefits of the proposed use substantially outweigh the benefits of continuation of Nelson Gardens. The second supporting finding, that "there is no proximate non - contracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, that development of the contracted land would provide more contiguous patterns of urban development. ," is not satisfied at all, as an item by item analysis easily shows. Friends of Nelson Gardens question whether this finding could ever be made for this proposed use. The Williamson Act does not rigidly define "proximate ", but states that proximate means "sufficiently close . .that it can serve as a practical alternative for the use ". The Supreme Court in Sierra Club v. City of Hayward stated that in some circumstances a distance of up to seven miles had been used in analogous circumstances. In this situation, proximate could include anywhere within the City of Saratoga or within a several mile radius. The issue is whether the other property is close enough to serve the proposed use. If the objective of the proposed development is construction of housing in Saratoga, anywhere in Saratoga suffices. If the objective is provision of housing in the southern area of Santa Clara City of Saratoga January 20, 1988 Page 5 County, proximate could include several miles away. The term suitable means that the salient features of the proposed use can be served. There is no evidence offered that Nelson Gardens is uniquely suited for the development of the nine single family houses. One very important point completely disregarded in the applicant's petition is that the Williamson Act states that the non - restricted land suitable for the proposed use may be a combination of contiguous or discontiguous parcels. Therefore, suitable could include nine individual lots within the proper geographic area. The applicant apparently looked only for single parcels subdividable into nine lots, but there is no support for the position that suitable should so narrowly interpreted. Finally, the petition seems to interpret "available" to mean listed for sale or perhaps available to this developer. The staff report states that available should not be limited to mean only available to this developer. The Friends of Nelson Gardens agree that available should not be so narrowly interpreted, as the applicant does, to make it meaningless. In summary, there is no sufficient evidence that other land cannot provide the claimed housing benefits. In summary, the Friends of Nelson Gardens believe that cancellation of the Williamson Act Contract based on the evidence in this record is unlawful. There are public benefits from the continuation of Nelson Gardens which the applicant's petition has disregarded. Further, there certainly exists other land in the City of Saratoga and surrounding communities upon which the housing proposed to be built on Nelson Gardens can be provided. Friends of Nelson Gardens therefore request that this Council exercise its authority in accordance with the spirit and the language of the Williamson Act and deny the petition for cancellation. Very truly yours, HOWELL & HALLGRIMSON By 7� ) 0 Ron Rainey RIR:dt cc: Harry R. Peacock Betsy Cory Harold Toppel, Esq. Yuchuek Hsia Gary L. Nemetz Ann Waltonsmith '900 Saratoga Area SAS SENIOR COORDINATING COUNCIL �C P. 0. Box 3033• Saratoga, California 95070 (408) 867 — 3438 X 57 December 29, 1988 Mayor and City Council Members City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Subject: Public Hearing, 12/21/88: Florence Nelson Foundation Proposed Sale of Five -Acre Parcel At the subject hearing it was suggested that, as an augmentary ac °tion relating to the sale, a three -acre "Florence Nelson Memorial Orchard" be established adjacent to City Hall as a part of the larger City- owned open space at that location. The Senior Coordinating Council has been asked to comment on this suggestion. As background, the prospective memorial as now envisioned would be fenced in. The 1890's Warner Hutton farmhouse, already scheduled to be moved there, would be renovated and furnished. It would be surrounded by trees, gardens and other landscaping symbolic of the agricultural era that is important to the Saratoga tradition. By consensus of the Executive Committee and other key people in the Senior Coordinating Council, our comments are as follows: 1. We do not believe it would be appropriate for the Senior Coordinating Council to attempt to play a role in any negotiations between the City and the Nelson Foundation and other interested parties in this matter. The issues involved are numerous, diverse and complex. They appear to be predominantly outside the sphere of senior citizen interests. 2. At the same time, we believe-it appropriate to give a clear answer to a question directed to us: Would such a facility or a similar one at this'location have an appeal to senior citizens? In our opinion, such a facility would be popular with senior citizens and would receive a high rate of visita- tion from them. Our reasons are as follows: December 29, 1988 -2- Mayor and City Council Members a. It would have a high emotional appeal to seniors, and many of them would directly relate to its vintage theme and setting. b. It would be within easy walking distance from the present Senior Center through pathways leading directly to the Memorial. C. It would give recognition to a family that has played an important role in Saratoga's history - -a factor of possible importance to a number of long- standing residents. For your information, the Senior Coordinating Council now has a paid membership approaching 1,000 individuals. In addition, many non - members visit the Center since, by arrangement with the Senior Coordinating Council, three other organizations hold regularly scheduled meetings and recreational visits there. They are the AARP, the Sunset Seniors and the Westgate Seniors. Further, there are random visits by seniors from other parts of Silicon Valley and more - distant locations. We would esti- mate that the Center receives more than 2,000 visits in the average month. A facility of this kind, if it should be established and become well known, would probably become a focal point for visits by seniors and others who do not visit our Senior Center. We hope this information will prove useful. A. J. Beverett Representative at 12/21/88 Council Meeting cc: Florence Nelson Foundation Betty Eskeldson President December 29, 1988 Karen P. Anderson Mayor, City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca 95070 Dear Mayor Anderson: 1 �; • i I am pleased that the City Council voted against early termination of the Williamson Act on the Nelson Garden. I noted that :Councilmen Peterson and Moyles came up with an alternative of using part of the Heritage Orchard by the Library as a demonstration orchard /garden. Included in their plan would be the Warner Hutton House. As they may have known, this idea was floated in the Ad Hoc City Council Committee by the Ainsley Representative earlier this Fall. The Ainsley Representative did not suggest giving even more money, however. At that time the proposal received no other backers because of a number of negative points. 1. The proposal does not save the Nelson Garden which deserves to be saved due to it's unique beauty. A. Besides an orchard, there is a grove of mature evergreen and deciduous trees on the Nelson Garden property. . B. The Nelson Garden setting of hills and flatland is quite different from the flatland of Heritage Park. Thus, the ambiance of each park is quite different and not interchangeable. 2. Heritage Park is lovely to observe as you whiz by on the highway at 35 m.p.h. Heritage Park is bound by the busy streets of Saratoga and Fruitvale. Saratoga Ave. will be even busier when the Freeway 85 interchange goes in just north of the intersection of Fruitvale and Saratoga. This increased road traffic would not be conducive to children coming to a park on foot or bike. People would be more at risk with a demonstration orchard at Heritage Park than at the Nelson Garden. 3. The Warner Hutton House is already destined for use by many worthy groups. They would lose out again, if the Hutton House became a Demonstration Garden headquarters. 4. From the beginning of its history as a city owned piece of property, the Heritage Orchard was generally perceived as expansion land for future City offices. I would hate to see that happen and I would help try to save the Heritage Orchard but we all know that orchard is living a charmed life only due to the active work of Council women Clevenger and Anderson. It would have to disappear if the City really needed more space for its offices. Why put a demonstration orchard park on "charmed" but shaky land (and I am not talking about earthquakes)? I suggest focusing on saving the real Nelson Gardens and stop trying to paste Mr. Nelson's name on a different piece of land. I am pleased to note that Councilmen Moyles and r -: -.- ,1.,. . Peterson Athat a demonstration orchard could be "a showcase for the entire Santa Clara Valley ". Let's keep that positive attitude as we save the real Nelson Garden. Sr ee lid /� �.r Ann Waltonsmith, Ph.D. 21060 Saratoga Hills Rd. cc: Duplicate copies to Councilman Moyles Councilman Stutzman Councilwoman Clevenger Councilman Peterson 8B Friday, Janual-N, b. 1968 d Szin Jvat Mercury Nt,'- s c o . w r. " a �o00-:5°0 Uor..,8 v0U X0.5r..Ga, 5 0 4 Cq o$�A c� E W4) y ° a a c ° C5 W o a1 o t yrn o v � MU a0aci�'r+ d � d �v3u -V' m.4 c c v ° c V 8 n�..,co. ra U �, ca,a� c u�� d a w > aj ca 0 °.�rs �. E o E °.0''��$ w Il C14 00 C13 a 04 ►! E>° =.Q > 'A contract committing this rand as farmland was canceled last. month �. ... ° onq� a%�� cw - .. - u b c u � �1, n c a Fa' . } _ CZ P 4) Ca 0 a)!!-: on aurueme U Ku 0 00 U int8 Wit Q �v ° o �' M - "to process the complicated paper- c Z �, �a a r, FARMLAND, from Page 1B , . _ .work to allow cancellation of three 8 °c tain View, already densely devel -• 6 Were talk* parcels of land totalie about 40 o . , lost two farmland arcels' g ` ' P g ped P � � acres. �A landbwner failed to corn- the totaling about. 28 acres during the last months t the ear. tens of acres, to plete the paperwork 'for 'a fourth y site, the 19 -acre Corn Palace prop - ,y 2.0 23 The same '.Pattern is" evident thousands of acres erty on f:awrenc`e Expressway.' 3 c m, { 'throughout . the 'state, although the' Fremont also expedited the pro- full extent 6.i the loss will not be In some Cases. cess for property owners, holding a .. `known until, all the figure§'have special council meeting last week v c c c been tallied by, `the state Depart- — Stephen E. Oliva, to accommodate two cancehatibns 001 ment of Conservation. Butaccord- . chief of states totaling about 20 acres. u 3 g c° y o ' d ing to Dennis O'Bryant, the depart In San Jose, where people who o � 3 ° a, o U. Conservation Dept. held Williamson Act contracts d ., �. c ment 's environmental coordinator,. were informed A the law :chap e o ^.c. A v, �' ;; �' d " u • at least 11,849 acres of farmland' B e 3 r. o were removed from contract in, - in November, the_ council met for N z -O �� r- 1987, compared to about 5,000 in'- nyvale Saratoga Road that was the last time in 1987'in•early De- 7 C c c V 1986. The P nal total is likely to be Pulled from. the program in early cember '— too late for some to U substantially higher, O Bryant said, December, the cancellation fee complete cancellation paper work pq _-°� noting that he had not received any' was $18,459. After Jan. 1, the fee "There was a ounty. flurry of interest ld h figures yet for Santa Clara C wouave been $225,000, accord- but few were able to do anything "There is what appears to be a ing to Sunnyvale Planning Depart- about`it," said -San Jose Deputy rather rapid "exodus" from farm- ment estimates. Planning Director Kent Edens. land programs in some' areas, said Ultimately, the law is expected Nevertheless more than 1,200 Stephen E. Oliva, chief of the state to help protect the state's endan- acres in San Jose were channeled Department of Conservation. Bered farmland from encroaching for eventual development, mostly "We're talking fens of acres to development in the last few months of the year. thousands of acres in some cases," "It will be (a stiffer penalty) for Two big parcels on Silver Creek At issue are farmlands protected many people in the future," Oliva Road in Edenvale — one. of 589 under the 23- year -old Williamson said. "If they want to cancel, there acres and a cancellation involving Act program, a contract system ..will be a substantial cost in- part of a 680 -acre parcel = con - that gives property owners tax volved." • . tributed a huge surge at year's en breaks in exchange for keeping Some observers and supporters d orters OBryant of the state Depart - their land in agricultural use. Over have been taken aback to realize ment of Conservation said those the years, 'as property has become the law had the unintended side who pulled out of the contracts in .more valuable for housing and in- effect of galvanizing some proper - the past three months had already dustry, many property owners ty owners to pull out of the pro- planned to leave the program.' have pulled out of the program. gram before the harsher penalty "They are people who would The question was: how severely (6. was, in effect. have gotten out anyway," O'Bryant penalize people who pulled• out_of` " "It's sort of ironic," said Sunny - says. "It's just speeding up the pro- the contracts after enjoying, tak vale . Mayor Larry Stone. in late 'cess," savings for years." " = December. "My impression was The short-term effect of the law That question was resolved on' that the Williamson Act law was change saddened some in Santa Sept.; 25, when the-California Leg-, changed to make it more difficult Clara County,= , • - - _ • • i islature approved a *law — backed to get out (of the contracts). But in "This is the last" of our. farm - by environmental-and farm groups effect right novv it's doing just the land, said Sunnyvale senior engi- - that imposes a stiff penalty on opposite." neer Ernest Yoshizuka, who ad- those who cancel the contracts. Whether property owners have ministers the Williamson Act pro- The law, which went into effect been able to escape from the pro- gram for the city. - • ' Jan. 1, bases 'the tax .rate on the gram is in some cases a function of "It's always sad to see land tak- property's fair market value, rath- how fast their local governments en out of open space," said Sunny - er than the generally lower Propo- operate. In Sunnyvale, a city that vale Councilwoman Pat Castillo, sition 13 value, which had been the prides itself on its efficiency, staff- who nevertheless voted along with guideline. ers didn't even know of the law the rest of the council to release The difference is dramatic. For change until early December. But the three parcels from their farm - t :t cherry orchard on Grm- within a fev: wreks, they were ahle 1 ^nd contracts. Willys I. Peck, Director The Florence Nelson Foundation 14275 Saratoga Avenue Saratoga, CA 95070 Frank C. Nelson, Chairman of the Board and Director Helen R. Nelson, Assistant Secretary, Treasurer &,Director The Florence Nelson Foundation 125 Stonecrest Drive San Francisco, CA 94132 John Higgins, President & Director The Florence Nelson Foundation 963 Oxford Street Berkeley, CA 94707 Roger Ross, Vice President & Director The Florence Nelson Foundation 20850 Saratoga Hills Road Saratoga, CA 95070 Edwina Kump, Secretary, Treasurer & Director The Florence Nelson Foundation 120 Montgomery Street, #2425 San Francisco, CA 94.104 Yuen T. Gin, Director The Florence Nelson. Foundation 120 Montgomery Street, #2425 San Francisco, CA 94104 GARY L. NEMETZ 13960 Pontiac Avenue Saratoga, California 95070 (408) 29.1 -6240 - Days (408) 867 -4592 - Evenings January 5, 1988 Dear We are Neighboring residents to The Nelson Gardens and Orchard property of Saratoga. We are very concerned about the destruction of the property dedicated by Frank Nelson as a demonstration Apricot Orchard and Nature Center. We are willing to work with.you to prevent this tragic loss to our neighborhood, the Saratoga Community, and the history of Santa Clara Valley. In recent years, we were led to believe the neighbors' help was unneeded and the public inactivity on the Nelson property was in accordance with the wishes of the Nelsons. The application for development has brought to light this complete misunderstanding that the Neighbors are against the Orchard's public usage and disinterested in helping. On the contrary, we are strongly supportive of the continued use of the Nelson Apricot Orchard and Nature Center as a living museum for local valley history. We understand and accept that preservation may entail orchard maintenance support, farming activities including animals, and organized public access. Please reconsider the sale of this vital treasure. We, through a smaller delegation, would like to meet with the board members and work together to make Frank Nelson's dream a reality. Attached is a partial list of Nelson Garden's neighbors who approve of this letter and ask that you respond to Mr. Nemetz who has sent this on our behalf. GLN /dw Attachment Sincerely, Friends of the Nelson Gardens Pat & Bonnie O'Conner 14001 Saratoga Hills Road Seema & Marcos Cicerone 14014 Saratoga Hills Road Idoline & Thomas Fryer 14029 Saratoga Hills Road Louise & Bob Gager 20972 Saratoga Hills Road Ann & Rick Waltonsmith, Blanche Walton 21060 Saratoga Hills.Road Audrey & Mike Clair 21100 Saratoga Hills. Road Robert H. Bitney 21352 Saratoga Hills Road Bud & Carolyn Alexander 20760 Trinity Avenue Jeanne Williams and Carol Adams 20777 Trinity Avenue Sung Hwang 20789 Trinity Avenue Gary & Lori Nemetz 13960 Pontiac Avenue Richard Eiler 13982 Pontiac Avenue Ellen Coleman 20756 Pontiac Avenue Dean & Lou Weston 20774 Pontiac Avenue Edwin & Jennifer Pinto 13901 Upper_Hill Drive Hans & Mary Guth 20785 Reid Lane Nancy McKereghan 20590 Canyon View Drive Felix & Loretta Rosengarten 13902 Malcom Avenue Irene Ohlfs 13923 Malcom Avenue James Gates 13945 Malcom Avenue January 16, 1988 To: Saratoga City Council XZ"L, S>A Please do not rezone the Nelson Garden property without giving the possibilities for its use some serious consideration. It is our understanding that Mr. Nelson, after having subdivided the rest of his land, wanted these acres left as a reminder of this area's rural past. If that is the case why are we going to be deprived of the enjoyment of the Gardens? Why can't the city of Saratoga find a use for this property compatible with Mr. Nelson's intent - -the Community Garden comes to mind. We have enough big homes in this city. We should not irrevocably give up this little gem of open space for the quick gain of a subdivider. We are not immediate neighbors of the Nelson property although our lot abuts the land that Mr. Nelson subdivided shortly after we moved to Saratoga in 1958. Over the years on our walks we have enjoyed watching the orchard with the deer grazing within its confines, and seeing the Chinese pistachios along Saratoga Hills Road turn a flaming red in the fall. We should hate to think that in Saratoga only materialistic goals count. How many dollars will the subdivision of the Nelson Gardens realize? We ought to preserve some of Saratoga's heritage for the benefit of our children and grandchildren. Sincerely, KUJ ,� _ems, Marianne and Walter Kerl 20830 Boyce Lane Saratoga, CA 95070 2076,0 Trinity Avenue S,ar'a�tr.)q�a., Ca 950,70 Deciember 17, 1987 Honorable- Mayo,r a.�n-c J C,it.v. C'Ounc-U.: Re, Florence Nelso n Fouh.d4-tion Requ.!es,l For Cance-1.1at i on. o-_F WiI.Liahson Act Contract Proper-ty located at 20,851 H 11 Road Ladies and Gent'Lemen, Councilmemhet, Clevenger expres'qed a.n iln Beres t j.,,n z�eei-qg a ,c,o:ov (-,,f tbe, decls.-i_,on in S.Ierra, C-Lub Vt Qity- of iHavward U-0 which referred' refexed' in my remarks to the_G6fjnC_,iI at t-he meet-inQ on D , e�,emher 2 during the dis,cusision, ebf- -the above-cactioned, 11 1 . .- i - ePl. I am enclos_ing a copy of' what case f.o, b.i-r review, 'As N t your . J7 011 npte, I have taken the li,Dert­Y O•f highlight4,ptr, sever;al portions of tie case whIch I feel aare di­­;-ect_l.y :rel,ewant tc the issue. The opinion ,in. that case makes a ve�ry 'sit-.,zo-ng argument f'or, _=ilicwi,ng, a Williamson Act aont' I . ract to e z1p j-'re LIN,7 nc'n­-fenewal rather than cancellation. 'in other words, the Wiiliams-on Act was not Wr j. t en to, permit landowners to opt but whenever they please ju5t, '--)ec�ause land, values have gone up. E­--z"cept for members o:-" th°e Fbul nda,t ­Lon's, Board of Trustees Pn�2 Advisory Committee a:n*,dl those p.ecp'le: who stand to gai:n, finahc'_J',alIy L the deve'lopme, the-orchardi site,,,, 'evetvcne who T. rit planned f,o,r addre,s-s,e,d the Cbi-i,n,ci,l that e v en 4 n g, expressed a fervent, desire to retain the orchard "'in per-petult 7 1 certaInl Y , hope -that coal ran be accomplished; however, Lf, retaining the archard. "in perpeturit,;"s, not f Pa T, .,eli•eve after you read, the case Vou will arrive at the conclusion 'th•a-t you would be acting in t ke bes,t interests �,of the maj.0',r-il.ty: cif_ the Ci�fiZLens of Sarai-_-oga Oy denying the request for c-ance'llAtioil and allowing the contra�ct to e,-Pire 1 ' :.y pon-renewal a:�E the end oj"� tf-,iei term,. Ce_-rta-inlv_ �'701-,j would avo-id tb& pros;-p.Oct of costly, litigation tf p'. the City were your Olecisii6n t,b cancel b& chat letn`gie;d' in the cootts. T h a-n k yo u for -your q'!o trt es y at the meeting and your cQnIi:i.nued interest 'in thin matter : r Enclosure;. Very truly vburt, ,Carvolvn, G, Ale,.--.a!nd---- I January 16,, 1983 To: Saratoga City Coun.el.l ta-V M rY 1' Please do not rezone the Nelson Garden property w1thout giving the possAbi_lities for its u"se some - serious c,ons4deration. It is our_ understanding that Mr. Ne1lson,,after having subdivided the rest of his, land.,, wanted these acres left as a reminder of this .area : "s rural past. If that Is the case 'why are we going to be deprived of the enjoyment of the Gardens? Why can't the c i'ty of 'Saratoga find a use for thAis. _ property compatible with Mr.. Nelson's intent -i -;the Community Garden comes to mind.. We have enough ;big homes in this city. We should not irrevocably give up thA's little gem of open space for the quick gain of a subd ividen. We are not immediate: me,ighbors Of the, Nelson property although our lot abuts the land that Mr. Nelson subdivided shortly .after we ,moved :to Saratoga in 19,58,. over, the years on our Walks we have enjoyed wa'tchi'ng the orchard with the deer grazing within its, confines, and seeing the ;Chinese pista;ch -ios along -Saratoga ,H'iUs' Road turn a flaming red in the fa1t. We should hate: to think that In Saratoga only materialistic . goals count•. How ;many 'dollars will the subd yisfon, of the Nelson Gardens _real.'ize? We�dught to pr.esetve, some of Sar.atoga's, 'her.`tage for the benefit of our children and grandchild -ren. S`incere'ly; !M Qd"'k k Marianne and Walter Ker1. 20830 Boyce Lane Saratoga, CA 95070, >Yl Ne(44ovs 410 �Q Nelsoh Qro�QV�7' }-o -ev7 I' Y"ID 13 9 0 a UP ev 140) <p„v� — FjwiM' and Toe pi Lo% o 13 9 0 ) upyer 14,011 Dri`v- r �'!(I J)11 i1 r i I3 — P/l. V1L11 qM4 OMN�� O C6M »OY I't-oo1 Say..+60,, �i /1IS Roa pp � �i' — I�oaSev a•-,I I- �..IIQ�, .Ross a0 SS 4IT3 Q0„1 3 — C(,:,, re,,ce a�� .r..�, l�}veh�A,.dt ' 157— 4NJ Tevr,e Sc.I,eve��,Ahh 13 9 a s Tv �.,�}�, �! � veh ve a, I L- ,?5 SA vo,f'o511 If, Izo.,d '-t - Sa �- i'so h �, J � o I y,,Q 6c,�e S— yoLoq,� 2 07 Tv'ihft(+7 Ave.�ive 6— ca V' C- w, I q —` J e4r k N c- w i l k,s B, a-J Cc vol y�, A- lexa,der Tv g— 6'V� O "J Lo,•e1t�, Ne�,efz 13960 Po►, +)I a c ova v — )` 1(C.h,A E ( ) e r Po4,4,ac, Avevve ID- N.1- a..d I Ich cd)ew,A t- o 7 5-6 PoN +i'ac. Av, -,,,,e I I — Loy s Ov-j �ea vi/2y�o �U� %� Pp la- — Mav K a �d Seew\Qe C, << wove I'- o) L-� 5,Ly, er5G: 14) )(S P-e-d 16 — R-16 0 alj Loll%,se Galev ao 9 -7 D, sa r"toy, 4,115 R8A d NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council r� The undersigned Saratoga residents oppose any changes in the land , conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: &61 A. "M-5 Address: a C 7 7 1 6 n Ac ve, Signed: lle�' Print Na Address: Signed: Print Name: P Address: 01 e- � Signed: Gu-' S O nt Name: W&ZC'4 ress. ne v Print Name: E & /'Y fl.; /i3 f' ; )tZx Print Name • �/� / j Address: L � Signed: Print Name: r Ek,c?� f}, ►+o `� e �k Address: � Signe Print Name: / �f},� J� I r 44,10 Address: // 2R.Z f" «LD 57ONE D , Address: 3 Signed. ,, Signed: Print Name: �lj v..'i,�✓ l P1,,)7-6 Address: / 3 i O/ Cfj-'PCk P t signed:�C- ^^��u- l� Print Name: ` �0 !42'41 Address: -7-� 2J-46 PA,,, -/D Signed: ���� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: P Ur NF/� G X FOT Address : Signed: 4?rZ),?,,' J Print Name: tl u t lYI-�61f KOt- Address: Signed:r��,v�ff`'�� Print Name: Name: " A Address: /� �' %/� ox Address: '? O 6 0 7 rrid�c- �f�r -re Signed: I ��� /G �; Signed: Print Name: Address: �- � =• % ,�.t, fir. Signed: Print Name:�<%/� ; / T;r'r /w Address: Signed:r -n L` Print Name: Address: f Signed:` /i l • �•t.aTQtil� Print Name: �'c.�.$qp� ' I I� 1 as Address: 13g�C41IYi Signed: ' Print Name: -%/ L4-16r-141Z, Print Nam Address: Address: Signed: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. - The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: Signed: ' t Print Name: J ! • /0/7-, Address: 1304(p ©,q,& Signed: Print Name: AI i l� Print Name: Address: �c �!� //�� I� C: /� � � /TAddress: r• r Signed: Signed: i� Print Name: ����Y —,' r c ac,; Address: <<'� Signed: --� Print Name: Address: 13 -gsC5 AA G, (t, Signed: C - r "ecw=4 Print Name: < <L c Print Name: /`-1A 1 v c-� Address: "tWx-j Address: tq (,FS�� ft.-AI vi_L L.,- Signed: Signed: Print Name: 4,042 Print Name: Address: 13 y( Address: 1-96-7T i Signed: �'lj< </- <�. _ _ __ Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: ��L� /Lf 1 �L C Z Print Name: �B �7 e 4 Address: -� �{ ,� /9- _ A*ress: q0 T" Av P Signed: Signed: 10 Print Name: �� 2� �'`�'�wy�- print Name: /\�11� Address: d r e s Signed: G`f. ��Signed: Print Name: `- - �j�sy,��� =5 Print Name: A7,07i �- ,Y Address: 020713 �/� �4V< ress: U� 5 Signed: Signed: Print Name: /V /c)"/ -���✓/ o rV Print Name: yAddress: ( 7 lK I kr IT ' ),/Address : 40f Signed: Signed: Print Na x Address: Signed: Print Name: 1V Addres Signed NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: W.9 AL &'G,4NDM Print Name: J"}M6-� e /I/E✓ /,y )(Address: 2076 D 7-2 /.v �7"� AV8' Vddress: ,20 7 Signed: Signed: Print Name: eAr2o1_ V I V A ,L/_= aC�n�.�i�.r�P ikt N2 Address: ;�07&o 7R1nJi7y AVd. Yddress: Signed: Signed: Print Name: (� L L G6�1 S `� w }� Print N A Address: a?o X53 I�1AJ / 7"Y /qVC— - Yddress Signed: 01-1C�a-+. �� Signed: Print Name: A, AVc,J , &'� NlIddress: U 4 -7 7 Signed: ` me: iicJ aU Ss- /kNl £ (W44,ej k Xile— pf 14 Print Na Xddress: Signed: Print Name: kddress : 3 S hi 4 f 6D at" Signed: l� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: 7 Address: Signed:.- Print Name: 1',4e;# Address: X34 �'c.»,P k/A ✓, �pral s ti Signed: --J. ( , Print Name: E %lL �4 �0 f(frlo t'� Address: 30-72. Signed: C 161%,'_ Print Name: ' r L Z Address: Signed: v? Print Name: P, Iu 2G1j e-rL Address: &q D ! C)n h ' , L Signed: Print Name: �/�A.��ls &✓ Yoh" Address: Z v3 L� �qL AG- Signed: 4Q zaj ezl Print Name: ED&J. Za �t15 low. Addres Signed Print Name: Address: _ Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: h\ 16jt A () in ( l �-j)P Print Name����� Address: w�• �".,�,_n -+��, Address: Signed i Signed: Print Name: '� %'� i S�� "� %�% int Name: EA A, t% VY 5 yAddress: `- i 7�% }.� Cf %. Signed: Print Name: Address: /. „i Signed: �' Print Name: Address: Signed: Print Name: Address: Signed: ii ess: 2 L 7 7 `f P�'It ,.T_/ AG A I � Signe�i� Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: .. _ :. ►r. r19_/�: I . Print Name . Tf L! 411 (' < Address: 11 11, l .�d"tafo bf, 67,' Signed: Print Name: �i _ • • Address: 40L SMATOICIZO- -�21 Signed: ��i /.�/ X _ t Print Name: Print Name: ;= EXCF IL I T+A-D VA Ar_ Address: (4DI� Afl4To k LLS R.Q Signed: S✓?-�� Print Name: ML-1 -r1 onflo- �J Way Address: D o0 rC,11 Signed: ZL:a�jaa=e, Print Name: 1.6nnnie- F)� 6nnnr- Print Name: M6Lrk Address: /. Address: - Signed: e- ivK,ce� �,s ����� 1 Signed: Print Name: L�1 Print Name: Address: ��v�C %� C'CQ /o/ k A/Address : ao5 l Z r� rG (iS ul Signed: Aaw Signed: QQ NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Uri nfi MAMA! �o s Print Name: Address: % J Sk rj v`n 5 a N, /lj Address: r �l Signed: -�- Signe'd:'�,���c'4� 1f�� ���✓ Print Name: %�` �ort �`� �– Print Name: ,Tim/ SCNEUC2��.vcJ Address: 4i, Address: Zi485 Signed: ��"'► signed: >A��.��•cJ Print Name: Io S e e E. Print Name: �el V Address: Ac 7 Address: Signed: Signed: Print Na Address: Signed: Print Name: Vylr a,r,,a� Orris `I Print Name: Address: Q)363 IkV -�V I Signed: 44#4&�— Print Name • D Address: a i UvU S,xreY-v qq �i , lls Address: Signed: Signed: JAI 6198. BLANCHE W. WALTON 21060 Saratoga Hills Road Saratoga, California 95070 January 7, 1988 SARATOGA CITY COUNCIL MEMBERS CITY HALL 13777 Fruitvale Avenue Saratoga, California 95070 RE: Agenda Item FLORENCE NELSON FOUNDATION Gentlemen; I wish to register a "citizens opinion" about the above item. I have lived in Saratoga around 40 years and knew Mr. Nelson and knew something about his plans to place his property in perpetuity as an agricultural preserve. He wished this to be a memorial to his wife, and designated the apricot orchard as a "working farm" to preserve our valley heritage and a way of life which was fast disappearing. I do not propose to question all of the reasons members of the foundation have given for selling the property, such as cost of maintenance. However, I do wish to address some of the more specious reasoning which prompted their decision, such as "difficulty of hiring and keeping a caretaker ", "complaints of neighbors ", "possible vandalism ", etc. The Nelson Foundation, as far as I know, has never made any serious attempt to involve the neighborhood in any positive action on this preserve, nor to involve community organiz- ations in its use and upkeep - such as garden societies, science foundations, senior citizens and other service groups. There was inadequate publicity as to the purpose of, and benefits to, the larger community. In other words - Saratogans were never fully aware of their legacy. The property was fenced in, gates locked, and there was no visible plaque designating it as a memorial, or giving the address of the persons responsible for its care and possible uses. Saratoga City Council Members January 7, 1988 Page -2- It seems like bad management on the part of Foundation. Members to allow this property to deteriorate and leave the 2 houses vacant for such long periods of time. Although, one of the houses was designated as a residence for a caretaker, in my memory there were only two or three periods when there was a live -in caretaker. Since the larger house was not used for designated park purposes, it could have been rented and the rent used toward the upkeep. Having these two houses occupied would serve as a deterrent to vandalism. I would strongly urge that final action on disposing of this last vestige of open space be deferred, giving more time for citizen participation. Since very short notice was given prior to the first hearing on this matter, there was not sufficient time for interested citizens to consult with local foundation members,. or to research alternate uses or sources of financial aid. In issue of such tremendous action would allow citizens more widespread support for in the future by the Council. Sincerely yours, BLANCHE W. WALTON BWW/,k importance to the public - deferred to become more aware, and insure whatever action needs to be taken NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: r Address: ;LO .. - . Print Name M ai rA-r �J. S Cf/Mip Address: 2 O % Sa We 0' 1D)to Signed: ot•,I Print Name:ti. s,vy Print Name: Address: d r f Signed: SG�.I^�acA Print Name: Address: ye,-ocle- C-6 Signed: Print Name:' Address: %-J i Address: Signed: S . 6,,, ,M) Print Name: H,/ y /y /e Al Address: oZ Dlo S-3 Signed: Print Name: Address: Signed: -�E 0 4 Signed: i Print Name: Address: Signed: Print Name: c� O Address: / &C32 Signed: �A L� Q� The undersigned Saratoga residents oppose any changes in the land ; onservation contract, zoning, and the proposed residential development )n the property known as Nelson Gardens at 20851 Saratoga Hills Road, )ordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the lemonstration apricot orchard and nature center. We )reservation may entail organized public access and .he Drot)erty. 'rir.t ',, a ,ddress: igned: lrint Name: ,Dc, ra, Er, ddress: Nelson Gardens understand that the farming activity on ,L Nape q �,a retie S ,rant Name: .ddress: /age i g n e d : Print Name: Address: V NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: N(Of S 61Vc S igned : Print Name: 7`G' A,f7 Address: - in signed, Print Name: W (2 A,, A s (1 Print Name: tjP-�(� Address: % Y 62� p0 Signed: Print Name: Address: i ". Signed: Print Name: Address: Signed. Print Name: /Z' ; i k , 7 , i 7 It i �'Z� '1 Address: i ; -7 1 c,fi`fiI I zC, Address: l�{(pl O� S�- •.) j�`(sR Signed: Print Name: Cj-x 4na� Ou TAML-,(- I / Print Name: Address: Signed: Print Name: Address: Signed: Signed: Print i:ame: .i�/iA( �=v'� Address:, f ? / s�(A 'TV V Signed: Print 11ame: , Address: 2 Je��N /�Vf Signed: Print Name: I L � Address: 0 Z �ev,_ C; k f Signed: Print Name: Address: Signed: Print Name: / ,� ��:G' Print Name: Address: L G� Address: Signed. 14ELSON GARDE14S OPEN SPACE PETITION 'o: Saratoga City Council The undersigned Saratoga residents oppose any changes in the laud ! onservation contract, zoning, and the proposed residential development �n the property known as Nelson Gardens at 20551 Saratoga Hills Road, iordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens ,emonstration apricot orchard and nature center. We understand that the reservation may entail organized public access and farming activity on he property. rint Name: AJe� e- G a5 ddress: XC, ra g 5lp��zr-�U igned: rint Name:LpR6f�1�) d��s ddress: —Q 3 -( ,Ln igned: rint Na 4 3dress z igned: Print Name AA r is -di Print Name: i -int Name: ,-, 04 [zLqi ,6 Idress : .gned: .int 2:a ldress: gned: rint Name: ddress: igned: vQ'fL° Q.S/!J �SS� .tom Print Name: — Address: Signed: Print Name: fdress: c;�047Z Signed: ef,_ NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council `1 The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name C; lit 1►%/,/ �1 ;�:,V #% Address:r 2-6111 i V A Signed: % �0 ^�v►.c� / l�� Print Name: Address: Signed: ✓ An�O2 -„fr Print Name: i U IA ( , k Address: Signed: Print Name: Address: Signed: Print Name: ��4!01 Print Name I r Address: lam- Address: Signed: Si ' gs�/%�� —��� Signed: The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens . demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name : &eiG / E 4%9 4 CZ,4 Print Name: Address: 7011; Ann Address: I / Signed: Signed: L SO ltdp� c/� � r.1, Print Name: szl —kylQ. � ,kA Print Name: `��• ����1 Address: o2p76 D R-t ( 0�01 %j e Address: Signed: 01h . J oi{,C Signed: _. Print Name: Print Name: Address: Address: Signed: Signed: Print Name: �_ Print Name,: EASTFIELD JUNIOR AUXILIARY'S February 1, 1988 Mr. David Moyles, Council Member City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 r Re: Nelson Foundation Dear Mr: Moyles, -�^ P As President of Eastfield -Ming Quong Jr. Auxiliary in Saratoga, a fund raising organization for Eastfield -Ming Quong Qhildren's Center in Campbell, (a past Nelson Foundation grant recipient) I am writing to congratulate you on your courageous stand on the Nelson Foundation property. I know it is difficult to make a decision such as you have in the face of neighborhood opposition, but please be assured that many will benefit at the expense of few. Eastfield Children's Centers' merger with Ming Quong of Los Gatos will mean increased funding needs to meet the demands of the Valley's emotionally disturbed childred and the larger grants, now possible from the Nelson Foundaition, will be greatly appreciated. Parents, as well as children of future generations, will benefit from your action. Very truly yours, Toni Ann Pinn President Eastfield -Ming Quong Jr. Auxiliary cc: F. Jerome Doyle President, Eastfield Ming Quong 14510 BIG BASIN WAY • SARATOGA, CALIFORNIA 95070 • 4081867.1678 9 Ann Waltonsmith,. Ph.D. Saratoga 2 -17 - &8 I wish to .thank Council Members Clevenger and Anderson who have tried to give the Friends of the Nelson Garden time to find alternative solutions. Their- response is similar to that of the Los Gatos City Council which last week took a thoughtful, reserved stand on the Williamson Act properties within its boundar:ies..� Pte. ,-/A4 &Y6m,. We/, are not saying that the Nelson Foundation can't sell the property. We are pointing out that the community should have an equal opportunity to acquire it. The.City Council would only allow the "Friends of the Nelson Garden one.month during the Christmas holidays to come.up with a permanent solution. Yet, the same,subset of d'ity Counsel members were aware of the years of planning by the developer and the Foundation. That is not a balanced statesmanlike stance. Since two�� erst have been received by the City Counsel but not referenced on the agenda, I wish to point those letters out now. The Friends of the Nelson Garden have'now gained the support of the Sierra C1ub,Legal Defense Fund. In addition, The Trust For Public Land is supporting us. The Trust is a national, non - profit group that raises money, organizes public support, and holds the property until a permanent solution is negociated. It quite successful. It is standing by to help all patties achieve a win -win solution. A letter from each group C has been sent to the City Council. We request that you reopen p blIc theiearing to reassess your previous tentative vote. Save the Nelson Garden ar4 Orchard: GARY L. NEMETZ 55 SOUTH MARKET STREET, SUITE 1030, SAN JOSE: CALIFORNIA 95113' [408] 291 -(3240 February 10, 1988 Councilman David Moyles City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: The Nelson Gardens Dear Councilman Moyles: The Friends of the Nelson Garden are firm in their determination to save the Nelson Garden and Orchard for open space and agricultural use as an important Saratoga historical and environmental asset. Please be advised we are drafting an Initiative specifically focused on maintaining the present open space /agricultural General Plan and zoning status of the property in question. The Council should consider the impact of its haste in continuing with its support for the property's development. We have contacted established conservation groups which specialize in finding the funds and providing the mechanism for purchasing and taking ownership. Enclosed is a copy of one letter which you have already received. We encourage the City Council to reconsider its prior vote on the Williamson Act cancellation. The issue is greater than just a small residential development.. Saving this historical orchard is being viewed by Saratoga residents and interested organizations in a wider context of preserving open space important to Saratoga and Santa -Clara Valley. Sincerely, FRIENDS OF THE NELSON GARDENS By GArAY L. NEM / GLN /dw Enclosures cc: Mayor Don Peterson City Council members Florence Nelson. Foundation Saratoga News San Jose Mercury Ainsley Financial o Hhu MALIBU (AP) — A large piece of unspoiled canyon property nestled above this upscale beach community will be spared the bulldozer and build- ing crews of developers after a public trust bought the land for recreational use. The virtually untouched property on the old Roberts Ranch in r%lalibu's Solstice Canyon fea- tures mountain scenery, natural wildlife, several camping areas and a stream. The remaining 345 -acre parcel of the 556 -acre ranch was purchased for .c.3 million by The Trust for Public Lands, a San Francisco- based environ- mental agency. The planned recreational area will be run by the Santa Mt onica Mountains Conservan- cy, which owns the lover 211 -acre parcel of the ranch. . The natural area will make its public debut June 19 to mark the advent of the summer solstice. "Being there is like going back.in time," said Bill Dempsey, project manager for the trust. "It's a spectacular place ... It's just amazing that it has remained undeveloped." The acquisition marks the end of a seven -year s' vgale tr% ave the pristine property from devel- opment. Dempsey said the large canyon area will probably 'become the most heavily used recreation area in the coastal mountains. To block developer from acquiring pieces of the property, the-, conservancy, the Sierra Club and the trust put up Y250,000 in an option to buy the remaining land. In October, Gov. George Deukmejian signed a bill that set aside about $20 million in state tide- land oil revenue, including $1.4 million that the mountain conservancy funneled to the trust to Purchase the property. The trust put together $1.6 million from other sources to make the $3 million acquisition last month. The property is insulated from traffic along the busy Pacific Coast Highway and is - hidden from most of the custom homes built in neighboring canyons to the east. The land runs from the ridge of the Santa Moni- ca Mountains to within several hundred yards of Corral Beach and Dan Blocker State Beach in Malibu. Hirer will be able to walk from the beach to a 1,500 -foot vantage point overlooking the prop- erty, Dempsey said. T, H _ E TRUST F O R _ PUBLIC LAND i February 3, 1988 The Honorable Don. Peterson City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: The Nelson Gardens Dear Mayor Peterson: My organization, the Trust-for Public Land (TPL) - -a national nonprofit specializing in the.acquisition of public recreational, scenic and agricultural lands - -has been contacted by the Friends of Nelson Gardens to aid them in their effort to preserve the open space character of the above- referenced property. With respect to the Gardens, we believe that there are viable alternatives to the proposed deve- lopment of the 5.1 acre site. TPL's approach to this project would be to arrive at a "win -win" solution for the City, the community, the owners and even the developer. The work we did to save the Grace Marchant._.Garden in San Francisco, for example, typlifies the manner in which we are able to accommodate what would normally be considered adverse interests. The Nelson Gardens project possesses many of the same elements of the Marchant situation. In closing, we urge you to give serious consideration to the potential and real ramifications of allowing this development, as it is presently conceived, to move forward. Thank you. Sincerely, Thomas J. Mills Senior Project Manager TJM /CE Encls. cc: Ann Waltonsmith, Ph.D., Friends of the Nelson Gardens identical letters to: Vice Mayor :Karen Anderson Councilwoman i -lart ' "Cle'venger Councilwoman JoYce Hlava Courici roan David P•:o; les , 116 NEW MONTGOMERY FOURTH FLOOR S A N F R A N C I S C O CALIFORNIA 91105 1 41 5 1 4 .9 5 - 4 0 1 4 • FACT SHEET January 1988 The Trust for Public Land (TPL) conserves land as a living resource for present and future generations. As a results - oriented organization, TPL works closely with urban and rural groups and government agencies to: 1) acquire and preserve open space to serve human needs; 2) share knowledge of non - profit land acquisition processes; and, 3) pioneer methods of land conservation and environmentally sound land use. Since its founding in 1973, TPL has protected 388,000 acres of scenic, recreational, urban, rural and wilderness land in 34 states and Canada. These lands reach from Massachusetts' Parker River National Wildlife Refuge and the Florida Keys to waterfront parks in downtown Seattle, Washington and Cleveland, Ohio. In 1987, TPL helped add 3,000 acres of canyons and beaches along the northern California coast to Sinkyone Wilderness State Parka Because donations of land value to the Trust are tax - deductible, individuals or corporations may be able to take advantage of substantial tax benefits. Computerized tax benefit analysis aids landowners and TPL in structuring customized transactions that benefit all parties. By sharing land and cash donations with acquiring public agencies, TPL has transferred 433 parcels of land valued at $310 million into publicly protected ownership -- ranging from single lots to tracts of thousands of acres -- representing a savings of $89.6 million to public agencies and other non- profit organizations. In metropolitan. areas, TPL works with community organizations to revitalize and enhance neighborhood life. Typical projects include organizing land trusts and identifying and acquiring key parcels of land, principally for open space preservation or other important public- benefit purposes. These TPL actions frequently provide open space or enhance recreation at reduced cost to local governments because of the participation of citizen groups. Some projects result in compromise negotiations where community lands are preserved as open space while adjoining lands are utilized for appropriate development such as housing. The Trust also works with concerned citizens to preserve significant land resources in suburban and rural communities. Successful projects range from protecting the- dramatic coastline of Big- Sur, California, to helping ranching and farming communities in Colorado. To date, TPL has helped establish more than 100 local land trusts, which now protect more than 20,000 acres. The national office of the Trust for Public Land is in San Francisco. Regional offices are located in Boston, New York, Cleveland, Tallahassee, Santa Fe, and Seattle. I16 NEW MONTGOMERY F O U R T H F L O O R SAN FRANCISCO CALIFORNIA 94105 ( 4 1 5 1 495.4014 .t .S 1''J bLll_ LA-N D LAND SUMMER/ 1986 f.- NUMBER 16 having Grace's Garden "Tearing down a small wooden cottage and •. . building ,a larger house in its place is small potatoes as development issues go, unless -you know the garden into which the new house will poke ...." — Rob Morse, San Francisco Examiner When Grace Marchant moved to the house at the corner of Napier Lane and the Filbert Street . Steps in 1949, the surrounding hillside lay littered n'sb with tires, trash and bits of broken furniture. She 7tF made up her mind to clean up the mess, then spentr the next 30 years planting,and tending the roses, daf- fodils and hundreds of other plant species from all u over the world. Today, Grace's legacy is a garden so %t special that Alistair Cook once called it his favorite .j place in America and so horticulturally diverse that it serves as an outdoor laboratory for botany students. Like the surrounding Gold Rush -era cottages, Graces garden became an integral part of the historic and cultural ?; fabric of Telegraph Hill. Though Grace Marchant planted most of her garden on public right -of -way, one large patch extended into the yard of a privately -owned cottage. Last year, the owner decid- ed to level the cottage and build a,bigger house for his grow- ing family. Neighbors became concerned about the impact of the new house on the garden. When they learned that a demolition permit had been issued, they founded Friends of the Garden (FOG) to stop the proposed development. FOG took its concerns to City Hall, and two San Francisco super- visors in turn asked the Trust for Public Land to help. TPL project managers Thomas Mills and Jean Driscoll devised a plan for preservation of the garden that involved purchasing the cottage property, imposing sufficient deed restrictions on it to protect the garden permanently and then reselling the cottage. Money had to be raised,.however, to cover the difference between the property's high purchase price and the lower resale price resulting from the new deed restrictions. In the days that followed, TPL staff and FOG volunteers laun- ched a fundraising campaign through which supporters of the garden could "adopt" square inches of the botanical landmark. San Francisco Supervisor Bill Maher helped set the Square 1,W+; `_" Inch Campaign in motion by enlisting the help of the San VY w` '.: fi: •`j � Francisco Examiner ti'� tip, ry' a,:� �•� and of a local de- � veloper who agreed to contribute the - * -'�•'� first $10,000. With the lead gift promised, the Telegraph ' mss`• Hill Dwellers >- -'^rt' )','� s- • Association .may .ter= �•ua -J� generously put up the risk money *Fri .. TPL needed to make ,, the first _�`�Y _-� <u, .� r tiF option ''` sk•suM1�` payment on the e- -ter cottage. The response from the public was overwhelm - t ing. By spring, nearly 4,000 people had adopted square inches of the Grace Marchant Garden and received special certificates gratefully acknowledging their contribution. Donations, many accompanied by letters shar- ing fond personal recollections of Graces tiny paradise, came in from many Bay Area and California "Friends of the Garden' and from garden lovers in such, faraway states as Nebraska, New York and Florida. The outpouring of public support• the proceeds from several special benefit events and the generosity of local cor- porations and foundations helped.TPL and FOG exceed the original goal. Future maintenance ofthe garden has thus been assured by creating,an endowment with the surplus funds. In this way, without expenditure of any public dollars, the garden's" many friends ensured that this urban oasis will continue to blossom in all its splendor. Board of Directors The Trust for Public Land Douglas P. Ferguson, 82 Second Street San Francisco, CA 94105 (415) 4:95 -4014 Chairman Jahn W. Baird Northwest Office 625 Commerce Suite 330D • Tacoma, \VA 93402 • (206) 627 -7774 Robert Cahn William M. Evarts, Jr. Northeast Office 666 Broadway New York, NY 100.12 (212) 677 -7171 Francis S. Foote, Jr. Paul Hawken Southwest Office P.O. Box 2383 Santa Fei NM 87504 (505) 988 -5922 Terese T. Hershey Vivian R. Johnson Southeast Office 322 Beard Street Tallahassee, FL 3,2303 (904) 222 -9280 James K. Kessler Eugene C. Lee New England Office 33 Harrison Avenue Boston, MA 02111 (617) 451 -7208 Richard D. Marshall Stephen C. Morris Ohio Office The Old Arcade • 401 Euclid Room 608 • Cleveland, OH 44114 (216) 241 -7630 Margaret Mull Martin J. Rosen P A T TRUST TRUS e T g PUBLI • , , NUMBER 19 WINTER / 1 988 1 ;rn Yr. ARCHAEOLOGISTS ,DISCOVER HERNANDO DE SOTO SITE IN TALLAHASSEE Evidence Confirms Location of -Expeditions 1539 Winter Encampment ��V hen arrhaeolo `7 gist B. Calvin Jones discovered the evidence confirming that r a six -acre tract of land in northeast Tallahassee �r y had been the site of the 1539 winter encamp- ment of the expedition led by the Spanish ex- Q� plorer Hernando de Soto, ;� u'~*t �.; '°'l a local story became one of national and intema- tional significance. �, AX °'' While historians knew I� that de Soto and his men had wandered more than 4,000 miles around Florida and the southeastern United States over a four year period, Jones' discovery unearthed the first solid evidence of the expedition's route. Although the owners of the property were i leaming of the site's importance, binding con- tracts were forcing their hand to continue their3� development plans. Racing against the clock, Calvin Jones and a team of archaeologists and volunteers began comprehensive.cataloging. By late May, an impressive body of evidence had been painstakingly uncovered: 16th century Spanish ceramics, the metal tip of a crossbow arrow, Spanish beads used for trading, tam ished copper maravedis minted in Spain in the early 1500s which rank -among the oldest coins found in North America and iron links of chain mail armor. But time was running out. An emergency grant from the Elizabeth Ordway Dunn Foundation permitted excavation and research to proceed, but it was unclear -whether efforts to per- manently protect the site would succeed. At this plaint, the staff of TPLs Southeast regional office in Tallahassee began a dialogue with the owners to determine if a preservation alter- native could be formulated. By July, a transaction had been structured calling for protection of 75% of the site with a scaled - down version of the original construction plan. The o%%,ners signed an option agreement with TPL, allowing excava- tion to continue uninterrupted from mid -sur to December. In September, the Trust formally entered into its first archaeological /openspace pro- ject by signing a purchase agreement with the landowners, launching a campaign to raise $1.6 million to permanently pro- R Y",' tect what is now known 12- "'_ i as the Hernando de Soto Apalachee Archae- -• ological and Historic Site Continuing research ,,�'t,, has unveiled much about. rr? R � the past of this property N x, t`m nY in a quiet Tallahassee g 47;a Eg neighborhood. It is now believed that five strata of cultural debris span - �� , r m Wing five centuries reveal �' �_ - `� >�— �'•� {� various human activities A at the site. Evidence in- dicates that the Apala- _, thee. Indians lived in a major village here, a vil- lage that was captured by de Soto and used as headquarters for the expedition during the winter of 1539. A small portion of a 17th-Cen- tury Spanish mission has been identified as { well as later rubble from a hundred -year old plantation road. On the crest of the property sits the stately 1930s mansion of former '1 Florida Governor John Martin. So much 'early American history crowded onto one small parcel has attracted much support and the - attention and support of state and federal Icoislators, including Senator Bob. Graham who sponsored leeislation to study adding the de Soto Trail to the National Trail System. The Metropolitan Life Foundation made its largest social investment loan ever in the southeast region,. loaning 3600,000._ to the site protection campaign. The National Trust for Historic Preservation awarded a $200,000 loan, a demonstration of its commitment to preserving archaeological sites of national importance. Individual donations and T-shirt sales have t,enerated nearly $:15,000. At press time, this partnership of interests — archaeologists, volunteers, a national land conser- vation organization, anational historic preservation organi--a- tion,,several foundations and public agencies — has raised more than half of the money needed and is determined to succeed. Top: Florida Secretary of State Jim Smith gets some first - ,xcavation experience from B. Calvin Jones ht), state archaeologist and discoverer of the e Soto site while Jim Miller (left), chief of the state Bureau of Archaeological Research, and a volunteer look on. Inset: Hernando de Soto, 1728 woodcut. Bottom: 15th Cen- tury Spanish 4- maravedi coin. 0 Pat & Bonnie O'Conner 14001 Saratoga Hills Road Seema & Marcos Cicerone 14014 Saratoga Hills Road Idoline & Thomas Fryer 14029 Saratoga Hills Road Louise & Bob Gager 20972 Saratoga Hills Road Ann & Rick Waltonsmith, Blanche Walton 21060 Saratoga Hills Road Audrey & Mike Clair 21100 Saratoga Hills Road Robert. H. Bitney 21352 Saratoga Hills Road Bud & Carolyn Alexander 20760 Trinity Avenue Jeanne Williams and Carol Adams 20777 Trinity Avenue Sung Hwang 20789 Trinity Avenue Gary & Lori Nemetz 13960 Pontiac Avenue Richard Eiler 13982 Pontiac Avenue Ellen & Dean Coleman 20756 Pontiac Avenue Dean & Lou Weston 20774 Pontiac Avenue Edwin & Jennifer Pinto 13901 Upper_Hill Drive Hans & Mary Guth 20785 Reid Lane Nancy McKereghan 20590 Canyon View Drive Felix & Loretta Rosengarten 13902 Malcom Avenue Irene Ohlfs 1392.3 Malcolm Avenue James & Evelyn Gates 13945 Malcolm Avenue John & Keay Burtt 13886 Malcolm Drive Al & Anna Vindas,ius 14041-Saratoga Hills Road T H E TRUST F 0 R PUBLIC LAND o Councilman David Moyles City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: The Nelson Gardens Dear Mr. Moyles: February 3, 1988 My organization, the Trust for Public Land (TPL) - -a national nonprofit specializing in the acquisition of public recreational, scenic and agricultural lands - -has been contacted by the Friends of Nelson Gardens to aid them in their effort to preserve the open space character of the above - referenced property. With respect to the Gardens, we believe that there are viable alternatives to the proposed development of the 5.1 acre site. TPL's approach to this project would be to arrive at a "win -win" solution for the City, the community, the owners and even the developer. The work we did to save the Grace Marchant Garden in San Francisco, for example, typlifies the manner in which we are able to accommodate what would normally be considered adverse interests. The Nelson Gardens project possesses many of the same elements of the Marchant situation. In closing, we urge you to give serious consideration to the potential and real ramifications of allowing development, as it is presently conceived, to move forward. Thank you. Sincerely, .� Thomas J. Mills Senior Project Manager TJM /CE Encls. cc: Ann Waltonsmith, II1 NI 'W V1,)N It I,)A11_ R1 f ,l H �A h I -KA tiI I ,) � Al 11 -t)H SI "410i 14 1 S 1 4 v, 4 0 1 4 Ph.D., Friends of the Nelson Gardens T H E TRUST ►_ R PUBLIC LAND FACT SHEET January 1988 The Trust for Public Land (TPL) conserves land as a living resource for present and future generations. As a results- oriented organization, TPL works closely with urban and rural groups and government agencies to; 1) acquire and preserve open space to serve human needs; 2) share knowledge of non - profit land acquisition processes; and, 3) pioneer methods of land conservation and environmentally sound land use. Since its founding in 1973, TPL has protected 388,000 acres of scenic, recreational, urban, rural and wilderness land in 34 states and Canada. These lands reach from Massachusetts' Parker River National Wildlife Refuge and the Florida Keys to waterfront parks in downtown Seattle, Washington and Cleveland, Ohio. In 1987, TPL helped add 3,000 acres of canyons and beaches along the northern California coast to Sinkyone Wilderness State Park. Because donations of land value to the Trust are tax - deductible, individuals or corporations may be able to take advantage of substantial tax benefits. Computerized tax benefit analysis aids landowners and TPL in structuring customized transactions that benefit all parties. By sharing land and cash donations with acquiring public agencies, TPL has transferred 433 parcels of land valued at $310 million into publicly protected ownership -- ranging from single lots to tracts of thousands of acres -- representing a savings of $89.6 million to public agencies and other non - profit organizations. In metropolitan areas, TPL works with community organizations to revitalize and enhance neighborhood life. Typical projects include organizing land trusts and identifying and acquiring key parcels of land, principally for open space preservation or other important public- benefit purposes. These TPL actions frequently provide open space or enhance recreation at reduced cost to local governments because of the participation of citizen groups. Some projects result in compromise negotiations where community lands are preserved as open space while adjoining lands are utilized for appropriate development such as housing. The Trust also works with concerned citizens to preserve significant land resources in suburban and rural communities. Successful projects range from protecting the dramatic coastline of Big Sur, California, to helping ranching and farming communities in Colorado. To date, TPL has helped establish more than 100 local land trusts, which now protect more than 20,000 acres. The national office of the Trust for Public Land is in San Francisco. Regional offices are located in Boston, New York, Cleveland, Tallahassee, Santa Fe, and Seattle. i A l I I- i R ti' 1 4 1 0`4 April 21, 1988 Ann Waltonsmith, Ph.D. 21060 Saratoga Hills Rd. Saratoga, California 9507.0 Dear Dr. Waltonsmith: The members of the City Council appreciate receiving your recent letter, and we did review it at our April 20, 1988, meeting. When we had the hearing on the Nelson property the references you refer to from the General Plan were discussed at that time. In fact, the first page of the December 2, 1987, staff report to the City Council . on the hearing specifically references conservation Element Goals CO2.2 and CO2.3. A copy of that report is enclosed. The goal of encouraging renewal of contracts implies that the City will not act to cancel a contract on its own, which it has the right to do, just as does the owner of the property. As you may know, contracts are renewed annually on an automatic basis for ten years. Notice of intent not to renew would terminate the contract in ten years. The City has never taken such action. Discouraging the cancellation of contracts can only be done by failing to make the necessary findings for cancellation after a public hearing. In the Nelson property case, the Council was not unanimous in its opinion, but three of us did agree that the findings for cancellation had been made. In the more recent Cocciardi property case, all five of us agreed that the findings for cancellation had been made. In our collective view, these were both exceptional cases, not the beginning of a trend. in that respect I believe the City Council has kept faith with the General Plan goals as stated. As to your references to the Planning Department, it is clear you are mistaken. Sincerely, Don Peterson Mayor 3a 30 PETER K. SMITH 14688 STONERIDGE DRIVE SARATOGA, CALIFORNIA 95070 February 10, 1988 Saratoga City Council 13777 Fruitvale Ave. Saratoga, Calif. 95070 Subject: Nelson Gardens Dear Members of the City Council, I would like to offer some further thoughts on the Nelson Gardens Property now that the decision has been made to rescind the Williamson Act. Contract. While I.regret the loss of the demonstration orchard Mr. Nelson orginally intended for the property, the physical and economic conditions of the property seem to preclude continuation of that intent. I appreciate the time and effort the Council provided for the public hearing process and support your decision regarding the property,, as I agree that all Saratoga residents will benefit from,the conditions to be imposed on the sale and /or development of the property. It has come to my attention that Mr. Nelson has acquired over the years agricultural equipment to be used in conjunction with his Demonstration Apricot Orchard. I have not seen, nor do I know the exact extent of the equipment, but I would like to suggest the city investigate the equipment to determine its condition and quantity. If the equipment is appropriate and found in reasonable condition, I would suggest further that it be acquired by the city and included in the demonstration orchard and other historical developments adjacent to City Hall. Finally, in response to Mr. Nelson's efforts and those of the Nelson Foundation to preserve the property over the past years, the City Council or other appropriate city commission consider officially recognizing those efforts. It seemed an important consideration that was unfortunately not mentioned in the public hearing. Thank you for your consideration. Very truly yours, Peter K. Smith NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: W1-V,7 2-eL r LCI -9L3r rti Address: signed :'&, [Co � wk 01 ), Q�`� J Prin Addr Sign Print Name: Address: ��_ Signed: %7 -� c4 . C11- ; Print Name: mG` , -, –) ", Address: l per_ Signed: G� Print Name: Address: r Print Name: Address: 4p�D s o T� Signed: / IdL Print Name :4'%L ,.O Address:02 / �2 g Si ned: Print Name: Address: Signed: r_1� & - c Print Name. eo- Address /29— Signed: Print Name: ZIO7 -2 Address: ! ,�- signed: ', NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: NiMY x.45 Address: Signed: Print Name: Address: .fie --S4 12��re Signed: Print Name: �6+'��� �,054-N�i<?)Wrint Name: �� �ro, F-5 K, Address: �3 /���'rL Address: 1�°( �J tAAr�L - &IX 70 GOT OIF�r Signed: Signed: Gff, /l. e� Ivlco)r E f (j n� S z -� Print Name, %%' Print Name • l Address S Address: �3 Signed: Print Name: ;' 0 b 4-) M"-' i f -E d e, Address: !3c-,175 Signed: Print Name: CHA G - (Uij) S%{& -A/ Address: -),�qI signed: Print Name: Clair Address: \,Sq 1 'MalcO)m ve, Signed: j 2C? g: Print Name: &I. .S. Sty 11 Address: g9 11'f/4jc of �iYe Signed: ' 0 NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. I Print Name: .. C --h.� c Ol u I��G iA 1Q i6� Pint Name : O &)xr/i% %7 Address: OAX XZ.4�- Address: �, /3d lei// dl"- Signed: ��l��.ny. ld��- ��ri7iC� Signed: Y 4,4-1 Print Name: Address: Signed:. / "-� y M�� � L Print Name: PA-c4 'q bill-t- Lam= Address : Signed : Gu�.0 i1 i.a.�..� Print Name: ' nt Name: P4AiCI Address: '_a2c) ( ! ddress : o Signed: c Signed: 11 IC v Print Name: Print Name: Address: Signed: Print Name.* Address: Signed: Address: v��� �/�1 bGt��(� / - Signed: Print Name: L-�i�� � /�- �A r ti s Address: J�/7�Z/� %G,( CX Signed: ��� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: Signed: Print Name: ) �-� �D 5 c= Address: S igned :� Print Name: ),M r —S7C/Z Address: Signed: Print Name:i,cG+'.+�1 u Address: Signed: Print Name: <�;I /; Oa— Print Name: Address: c"Yr G�l - Signed: — �Y'- 4c-1 Print Name: Address: Z��3/ SGI�Uyf4,✓ ll,(�f¢y Signed: Print Name: Q S PC Address: Signed: trz��t✓.�L =_ .��L r Print Name: ►'1� C� Address: l7 Signed: - ~ Print Name: ka G it e m ! .1 o Address: `''� /U V' /Address: Signed: Signed: 0 S 5 �CcnyOh VjGw ('f2. NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the demonstration apricot orchard and preservation may entail organized the property. Print Name: O nnA hrn(J- Address: signed: Print Name: Charlo F( Heor Address: IwSo S � c Hi'113 Rd Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: preservation of the Nelson Gardens nature center. We understand that the public access and farming activity on Print Name: Z"!—�Z c-ec- Address : Signed: Print Na Adcoess : Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: signed: Print Name: 4II/6- { Address: -lie 1 �/ A 16,/x, S igned : 1%ih --c '2z�;7 — Print Name: W7,44(ce-r e ,DGV"rint signed: Print Name: is 7 41,f'L 'i Fs ff /' Address: -? MS SE/-I TUA1 Addres S igned Print Name: j-YyIL – l e,&tc- T5� if Address : :2 0 7S �e a o--/ Ait-- S igned : ` signed: Print Name: Jot-I m L� j5 UR Address: 13 &'?C 1`lA e- Co IY Signed: l Print Name: KE A y M i3 u e,-I-T— Address: J 3$8h MftLCoM fill E S igned : -)-n Print Name: PAWL A, CaNZ65 Print Name: SHj RLI Y E. G4(npS Address: Address: 13Z- -rApLC6M gy� Signed: _/ , �/ -- Signed: " � �'�� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print N X Address: Signed: me: 0.2 re 4a ApCe Print Name: Print Name: �%Qh dW.y L° l/eez' (Address : e Y }eve S igned Print Name.. °-^•Q -� `-'� Q-m- +(Address. �3Lc' ac. al, Ati,e- f Signed: Print Name: �� 15-4&��Oov Print Name: A)Ilheta"'....f . Keye -�ddress : Signed: Print Name: )Address: Signed: Print Na YAddress : l3 (�� ��- -VAddress : Signed: Signed: Print Name: � S `-1 q L2- _„Address: Signed: , Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Co- L:ncil The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nic2 son Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Print Name: /'71f� ��►'�iYJf� Print Name: O(�`41Q.(LrVL ISrw -4 Add re u. Print Name: o A I J� C? 'g,l r Address: 1 3 qq /1 A L- cCL-AA r4 Vt Signed: rid - ` _ Print Name:'�yG Address: 11,Wz- If Signed:, Print Name: Md IE '� ^ k Address: I� 0 All / �g�/y% fiV& Signed:_ Address: 131342 M4f ec�c,,, A ✓E Signed: -Z" Print Name: i Print Name: Address: 'J8O?j Signed: �. Print Name: r.9MJCI,( f- Address: 1,39!'7- 4 Signed: Print Name: Address: Signed. NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: 1,7764H Address: tSA;OA )aA,(A f��i6G�Un D Signed: Print Name: FEI- /x J. PO S n/ r19 /LTA Address: /-7?O Z OW,41- C uA^ A �IG-- Signed: Print Name: 41144 S Print Name: X4ahh171 S� Address: ��', ��, (� lrn �� Address: 3 -iK7 401 4� r Signed: � �i, -, ,�-- Signed: v Print Name: 5UV�t(tr L S�r Print Name: 4wea- h LI'C-r/ N42d a $OG{IIII-I Address: �3g�% (nak -o[ % *k Address: c,o�, t21 —411F signed: & "4 �.,� signed: c,._,.�oCp,.� /5' •d.� -•✓tom Print Name: Print Name: Address: O �Kw a C44" Signed: Print Name: 136440 Address: Signed: Address: Print Name: I Address: . 11 / I signed: C� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: St---Try P'E L D "GM Address: 2C / 'k4 ifr, -A0K.L IN AAA Signed: Print Name: LEyNA4Z -Q PE1ZX4FYA4 Address: 2 964 LIIv OE Signed: Print Na Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: &oFF2e/ Address: / 4 S 7 4 61(; /�fS)ti Signed: -Le Print Addre: Signec Print Name: == VAN Ul Address: 1 43 py� o -i Ut)S Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: _ Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Name: Print FQ-r� Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print. Name: Address: signed: Print Name: Address: Signed: Print Name: Address: Signed: %f y� >� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: 1_x)l -I 0. 01a,- Print Name: Address: tom' Signed: he'll Print Nam QiVt.Q� Address: �vZ,a7 Aye-. signed: �ye� ,(�(tilo-A— Print Name: L✓ �� rte`( (, Address: `' 3 Signed/ Print Name: Address: Signed: Print Name: Address: Signed: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: /✓I .+/Z ./ ,T , 4 I11 S Print Name: Address: 2os-1 l)eeWZE Ct-. Address: Signed: %j Signed: Print Name: Address: Signed: r�o, Print Name: / ?O-r"g2 'e�7 DE/i /Ve' Address: 3$8 ,rL Signed: Print Name: A14ALCk 1, EkOS!F Address: /3? 7 3 VAl Signed: �^ Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: _ Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: (-I <►�3� ( C Print Name: Address : "—A-e _Address : Signed: Signed: Print Name: 3-a o GO l A, Address: ���5 PP►�PX LCinQ Signed: ly Print Name: Address: l j q O Print Name: Address: Signed: Print Name: Address: signed: S igned : r Print Name: Address: 1 i VtQ.w Signed: �C, Q"� "V Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: 011) WEAN Address: IN S igned.E ��)C, �. Print Name: ©u C 111 IV E'e Address: Signed: Print Name: ASkllL, l4e -kn Print Name: Address: �nqS �� , IJ1�rt1�,Aa, Address: .Z /� VqA) Gf%4y' Signed ,� Signed: Ij Print Name: AX BE InA &I c) R DE N Print Name: Address: )_q HIDLL -ow LN, Address: 109a.s- ZfW-, -,� Y)b_ signed: , - S igned Print Name: t U, -Ji 17 e !, f'%Q'Mpq Print Name: Address: l �1^C��iQ 1^d /ld Address: Signed: �`y`c �� i2��r� Signed: Print Name: A. ! Print Name: Address: 17H7fi HU P -,%,S -- tir VvAddress: _ Signed: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: itil, r �� Sie tt �ti.4 hn,�,,�,.,StO;Print Name:E�i,r Y Address: a% - 441 .� <<1. � � R� Address: Signed: �u �o? Q_•• _ Signed: « L��; Print Name: �,�vM�e�d l�oh�/S• �v Print Name: Address: 14 )('Address: Signed: Signed: %�,,�� Print Name: Address:$( Signed: Print Name: 1(��/7 r N4,e22—a-qal xi Address: Signed: N A S Print Name: Address: 4 Signed: _ r Print Name: , �77-y )address : ,? 0 7/ S��C�rIZ� H /,L4 Signed: e Print Name : Faal -I /7 f, Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: (W.If t 2�°naU Aad Address: jaw"., C'ahf, , 95070 signed Print Name: Address: Signed: Print Name: S� ��(J �P/rint Name: Address: // R40 S *" Address: _ Signed: Signed: Print Name:,-), Jl �L - ti r Print Name: VAddress: —T4 '7�i� iZ�. S�t�tt�c Address: Signed: Signed: Print Name: (&eAl 14. Sc Print Name: Address : 146 &1-F ?I �c Signed: ?-Akj )%1 ' Print Na Address: Signed: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Print Name: Address: �o� �,c�,,�aFaau K '•-j signed: `--_ Print Name: EE () Address: IQ " ' d signed: Address: Signed: Print Name: Address: Signed: Print Name: Print Name: Address: Signed: Address: Signed: Print Name: Print Name: Address: Address: Signed: Signed. Print Name: Print Name: Address: Address: Signed: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Rt=7 �� LM (', -G/�/� - forint Name: N Address:g2// /Z �� )*dress: Signed ; c Signed: Print M Address Signed: Print Name:O Address: Print Name: Address: Signed: Print Name: Address: Signed: aQ n Signed: Print Name: /ZeAMV Print Name: )(Address: �v o Address Signed: Signed: Print Name: Address: Print Name: Address: Signed: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: `J OCAA -ZV1 tJ 1 S Iddress: *;A317 SAK4W 4 �NL.�-s �17 Signed: Print Name: Address: Signed: Print Name :�^ f.,l /(%I Print Name: Address: Address: Signed: �,������,� �,,�� Signed: Print Name: Print Name: Address: Address: Signed: Signed: Print Name: Print Name: Address: Address: Signed: Signed: Print Name: Print Name: Address: Address: Signed: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: D r h L, 41e5;fiel41 Print Name: Address: Z 1 I LI 1 Sa N * E-1 %ll f%a d Address: _ Signed: 62_tlA'� _ Signed: Print Name : ,� ;�i � Syii,�L�. Print Name: Address: Address: Signed: Signed: Print Name: kU /arch, v, GCJ 60011o" Print Name: V�Address: 476G� ,j ,),e14 77! qa ��L�S��Address: "X Signed: /(�:ir Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name-q ° dE(2'Z- (�L_ ✓GIG- Print X Address: �3 960 L /}N� Addre: Signed: Signec Print Name: i V v`�" Print Name:—b . 7'-/• —C,17'1 /0 1-- t Address: �O 5 S 1l� ��l �Y1 )iddress• Signed: '"'1 `.k-cL, Signed: Print Name: (�erllnn p / Q_7 /PAS print Name: Address: 20 4�- *ddress: �� v Signed: Signed: Print Name: v Address: Signed: G, Print Name: r,c GC Ad:n--e ress: C� Si d. Print Name: %\/i,C v Iq yr u . .Address: L -DSO o Signed: 2Z/,,- Print Name: Xddress : Signed: LG NELSON GARDENS 7 j 36) ;;5' OPEN SPACE PETITION ..Z(J 16t � (S To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: GyT/'l Print Name:`c>��R� cNl�i1 -� 'Address: Address: 20')O� R tkp Signed: Signed : Print Name: / Q 8,FAg j i j Print Na �► Address: Q L Signed: Print Name: d i3 L T' T K i T I LL Sa rJ ' Address: Zt> ? FSU 2L I Q L i4rr19 Signed: *dress: Signed: Print Name: /V k Ma-, iftdress: S igned : Print Name: Print Name: �G{ `' ! a h Pie, ��°. /C 1LS -�..� �" (.&LIe r Address: 03Sq ke, 1-d ka, Pdress: '-I'!Q6C4D Signed: Signed: Vim -bhQ.ktij' Print Name: 6-PA/ 29JFJ-=aX Print Name: %d Address: aOrlo-IO /C'C/D ddress S igned :R��s�q� 9�D Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Eh 7, a L etA SM ,f (Address: 10 (, 2s R., j C-apt 10 Signed: t�Q A m - Print Name: dress: Signed: ,01 Orp Print Name: ,SAM( QA C NA DHRY Print Ni �I Address: Q L�o ('a VV-Q- *ddress Signed: , Signed: Print Name: y(�nty N G,r-a � Address: o�U7&-'q Recd ati Q, Signed: Print Name: 4 4e-1. &d (.2, ( ra u(� Address: rT -X ec Signed: d� Print Name: - SLA15AV-, �irnrG�o rI Address: �kO'�-00 Signed: Print Name: [� C�2T (� �j�� p' f� Sony Akdress: 0 '7 y IC3g 1 Signed: Print Name: �,� �` 5 e 1—,7- *dress: �p-�� � F/o ,�'4 Al Signed: �, Print Name: Address: Signed: L� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name • ���A �% -4 -1 Print Name: �, %� A &ISO lA X Address: ��s D ��N �/ , � �� 4� Uddress : O 0 f ?o Signed : Signed: Print Name: e � a Y' (, J E -?,,, ll Address: f- 1✓b `C Q2*/-- Signed: ACC Print Name: %� e• Y Address: Signed: MCP Print Name: Address: /3 Signed:W,&h,- 2 Print Name: •Address : Z D s -q Ce e C Signed: Print Name: �Zi�,D�/iJi Print Name: Zv'50 Address: -5 E C ! . XAddress: 70J26 /? fie C7' Signed.-\, /i�� l� <�/ Signed: 'Luc La�Az Print Name: � —sue% Print Name: Re'+rt'Ce-- i ,� VAddress : -D'ee --I Ct Signed: Signed: 1 NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print NamAACk P kIP1 Print Name: Address, M�f�-, Address: Signed. Signed: Print Name: Print Name: Address: Address: Signed: Signed: Print Name: Print Name: Address: Address: Signed: Signed: Print Name: Print Name: Address: Address: Signed: Signed: Print Name: - Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council M The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name:�.���,,,( Address: 6� � �'LE 1 Signed: I �,���;�.ti� Print Name:�1 /e`� Address: Sign Print Name: Address: Signed: Print Name: Josh Address: 8V Signed: Print Name : ,`4L A &,14 Address: l 4 y�f Signed: Print Name: Address: lzyk5p Signed: Print Name:n�` Address: �t��7. V. Signed: y , Print Name: LC L rYk C4-)M` \( Address : ' ' . ) Signed: to-t'-(-4 Print Name: /r�'�'� l ee YI 0_ afU f0tj 0 Print Name: Address: q D a v' vy e, ye Signed: I)A v �b qt-,►)C Address: '� � ( Z Signed: �''��- NELSON GARDENS R OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land` "a conservation contract, zoning, and the proposed residential developmentw'' on the property known as Nelson Gardens at 20851 Saratoga Hills Road i bordered by Trinity and Pontiac Avenues.,u 4Y1 . The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that'thea;` preservation may entail organized public access and farming activity on the property. P Print Name: Lgnmoolj Print Name: on j Address: �I-r7t () FSS/A) 1�p Address: 6- f�3SinJG Signed: `Z Signed: Print Name: ZW_"_7`Y /, 7699' Address: aZ l yS0 706A A115 �ARA�oG � Signed: Print Name: _ LZr 05 i' . Address: o? /S%SO '$heArrr.A 7!465 40. Signed:, Print Name:Q►�� T�(4K•� Address: u Signed: Print Name: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: L��L� R� Se►ga Address signed: .�,�.e -�'ct Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: 7-1,-7o7-14y V. /�llLl1%� Print Name: Address: Address: j fir( o VIA aF_G -141,4 Signed: Signed: �(�. ,/• �i, Print Name: X''',, *' I �o'i Address: / Q 7 kll e '/� � Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: e--.) U'l Print Name: Address: Address: Signed: 1,240ILEIj- Signed: Print Name: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: C. )eCC61A _ Address: 2U770 W /LDl/V(7CIL) kA. )`I/ - 56IRA T G,q� _ C'A 95CI 70 Signed: "o A0,410 Print Name: Address: NJ a Signed. Print Name: Address: i Signed: k Print Name: f Address: if 3 Signed: Print Name: e �1 Address: J O 2, rQ n a k, �0 Signed: Print Na Address: Signed: Print Name: MA 5x 0-n Sg -z�,,, Address: &4JL w C -oe'L %—tl e ^ Signed: `/ Print Na Address: Signed: Print Na Address: Signed: Print Name: f c-Id (fe_ Address: Signed:�,� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: r-, Ir IAJ12 A r ne Print Name: tOle (,.E M" 5 cu LAiz Address: O R'(0 Z le-kce Kc c d Address: /Q -5-Fs7 O S,4,) A Signed: n� ,,,,_e Signed: Print Na Address: Signed: t Name: R), icy R_ 16 (LOU hz e s s: I Sz.e -o IV o tL.D ,, g A- . ed : Cy, L.PR )R . / Print Name: �pr� /A ��, /,�� c� Print Name: %7 x"/ Address: / y iSd 1/9 /� 7J < - Address: , I r s7-,) Signed: Signed: Print Name: (341-i f-k- e /I C e% Address: eST d > A >enuL Signed: Print Name: 7"�c P Address: Lld , r7 �c�c Signed: Print Name: kld LL E/4 )-,e b r�T) Print Na Address: 'j- a y Y✓l f'} (-1 Vj Address: c' Signed: C--I- Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: ` S Print Name: &96irrall 2a ok. or Address: L r Address: Ave Signed: Signed: Print Name: piJ&cL1, Print Name: ls�rtr M- Owmas'O.P. Address: /y��_3Y 151-:E /-251TUtiF Address: '�jk , z mr, Signed: S igned : ►fi r !r1 k-S 0 Print Name: Print Name: %4N Sat -f AC Address: Signed:fc2 Print Name: e_ Address: oqk S e-e-� Signed: t Print Name: GQf'� "�✓ �� nUS�� Address: ^Lv' - On�c� vv fu Signed: Address: Signed: Print Na Address: Signed: Print Name: y 3N F� D/O\ E T7-4 Address: lq-(od j 66- ftl'A1 Signed: F n NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of demonstration apricot orchard and nature center. preservation may entail organized public access the property. Print Name: VO!-ln/ VO2Oac--/ - Address : �5/ L N�✓ o�✓ 'C�/ Signed: Print Name: Ah�tr6ar: �/ Address: 207769, I 'AAIVo-1 Y;e,w D-- Signed: Print Name: V j, . a q ' Address: o�4670 Gfliy'? OAI tllf—w %R Signed: ,�,u Print Name: J;✓121-e -i Address: C�'��✓ c w ��2 U / Signed: � vwii V.V /vl Print Name: -�roi 5 C.aC- KS Ko"w the Nelson Gardens We understand that the and farming activity on Print Name: �a cC t"- Address: Signed: /1 (�/.('o' /� s Print Name: ` Jota �ailCv C Address: Signed : ,A 64 A J. Print Name: Z-V / Address: Signed: Print Name: p c C d\-, Address: NIA signed: Print Name: Address: �d°�`� �� a,,�i r, 1y �� �w f�t� , Address: Signed: a2a_, lvisr�jQ�C- �r.eU' ' Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Na Address: Signed: Print Name: _x Address: �-02 Signed: G Print Name • Address: ku'-a� '4� Signed: tiJ Print Name: Address: Af . ned : �l�✓w�' �-�. Print Name: Print Name: Gtl`c�0 rt2l�0(' o Address: % 3L -)d �/y% 4 /� i� ddress ;/�6 �6 �o✓ G r� ✓ ��ea C� Signed: C� S igned %' " /G� / Print Na Address: Signed: Print Name: ti Address: �- Signed: "-Ja��/ Print Name: - & Ne Address : p'7 S / �� Address: Signed: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Z It j Jp Address: i L4Q,, i sra-' 1 HM (�!J- Signed: Print Name: n n e_ B Pc/c,e r' Address: 1( /tea► -s Qta 2 V Signed: Print Name: Print Name: Address: Addr s: � J Signed: Si Print Name: l Print Name: Address: jqq // L/I . Address: 7dt S igned : /J���f}— S igned c Print Name: J Vl.it, W �1 N STS I N Address: Signed: Print Name: M -LM, Print Name: _� &-v L (% U ✓ o' Address: `� O 0 ti Signed: e s s : ed: c Print Name:: M `CANAL. W VJoL Attu, Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: ./y hn 41. /-7�tU& Address: 2/20 Cg,41'vw ll/ zo 3r' Signed: J Prin Addr Sign Print Name: ea vL "', Address: 2 l 2-2 1 Car yam- \l �c - P '' Signed: Print Name: filar- Ue nb;AVl Address : AI.2}1 OWI>n i Signed: 'a—Z' Ad& - Print Name: Address: 2tjlo Signed: Print Name: �- GO Address: re�-v Signed: ` print Name: At,, -T. W",I+- Address: 'A 0 y VI E -( Signed: Print Name: Address: Signed Print Name: G ��/ Print Name: `" A--� Address: Z /2�f1 e,*NYAN V1 � Address: Signed: /� S igned : vii �l F 7- IL /�h NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: %) SSiI.L -. CR Print Name: I AYY\e s- (,NI p Address: Address: Y S�-'lc' (l� Signed: / U'ud „ Signed: r / Print Name: Address: Signed: Print Name: Address: ).Z g EZ Signed: Print Name: ;ALI(O 410#11Pla.- Address: 2 0 2 I -7 Signed: J. Print Name: .4 =-�� /I Address: 'Yc_q < Oi�x:' ST -• � � iii i � Print Name: be _ Address: RrA le Signed: / Print Name: J0 ArIC'"/ ye . (9=e fl Lv .5 �P rs Address: Signed:d`7�'� Print Name: o Print Name: Bar n eii- L) SS Address: Address: / %?e M, de;- Ave Signed: Signed: 1 'J � NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and ::ature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: u���ft? Print Name: !y �-1 ,pcy�e Address: % Signed: Print Name: JAL.T=L:L L[AIEL aUML Address: N Address: 15an &166upd- Signed: Print Na Address: ��11t Signed: Print Name: Xeeso- `-�r� /I ' Address: 1- 036 v �� Signed: Print Name: ��h /'&- l� Address 11r r Ole- signed: Print Name: 2501 46 rY'l h Er Address: Signed: F. Print Name: MI VZ- Address : U� 3c�� �GA V l � Signed: L Print Name: Address: Signed: _ Print Name: Address: 4 ".c1 signed: �• NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: i ` oh Address:/ Signed`r Print Name: 00 Address: Signed: Print Na Address: Signed: Print Name: L / i Ce L (c 4 D O r < Address: signed: LJXL L-Fts,A l� e Print Na Address: Signed: Print Name:,7H IRA Z " ' Address: , 3ocjcj V(A �S60F —CA CT Signed: Print Name • Address: c Signed: Print Name: r Address: Z�-=� P2 signed: lf'�r° Y� Print Name: Address: Q G{,�• ; . �JCh/ Signed: nt Na ress: ned: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: %�� < - t Sd,�� Print Name: Address: Address: S igned : �� ° `.t vc rte. Signed: Print Name: BUG -L=7VE 0'. VIM- TIiEiT Print Name: Address: Signed: 198,ef8 C*+A7'aRe / VC- Address: _ Signed: Print Name: Print Name: Address: Address: Signed: Signed. Print Name: Print Name: Address: Address: Signed: Signed: Print Name: Print Name: Address: Address: Signed: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: �A f1%ggl/ Address: Signed: 11 �64'�- Print Name: Address: Signe �o Print N Address Signed: Print Name: Address: Signed: Print Name: Address: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Signed. NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and na'.:ure center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: 2, a a - , r Print Name: Address: Signed:(- Print Name: Address: Print Na Address: Signed: Print Na Address: Signed: Print Na Address Signed: �-�� - Signed: C Print Name: I G �� r �Ft Print N Address: Address signed: E� Signed: Y , OEM Pr nt Name: O, lel H J � / (�1�; Print Name Address: r � Signed: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: l=h �� �nS Print Name: Address: _(,� Qo. �� Address: Signed: �� Signed: Print Name: W g Print Name: Address: k34S l d2�-F (.U(�c,! Address: Signed: L_ Signed: Print Name: Address: Signed: Print Name: Print Name: Address: Signed:. lV 4C� J- 9 0 Lb Ln-- Print Name: Address: Address : Signed: signed: Print Name: � (taz.fG W, 90060. Address: (3c,2-7 V,'«- o- welt y c T Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road; bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. L , Print Name: Address:�C�c�(`�t(\��J`L Print Name: ')�O D (,i7 j L Address: Signed: l�i�,�l�l� �j Signed: Print Name, k l­k 1 e- en D • 5_ a ✓.e A(4 dress: /��( 7 ( P�1m'fa q -D r _ Signed: ll-- Print Name: - Address: Signed: Print Na Address: S? gn °d: Print Name: �e✓Ihe -t�l�V Address:S askI e Signed: 0 Print Name: � (J (�� JTI��Z j�1A M Address: Signed: -'l ('A „� / v� Print Name: �� mar Address: Signed: Print Name: \A j. Address: ` C Signed: Print Name: r l� LA c j' Address: � I Signed: ' - NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print N Address Signed: Print Name: Address: X000 S, _ ��, � �,�- &K Signed: Print Name: S". (-Y). 6P U 11/s Print Name: ! ', a w jf� � I''� /� C � _►l Address: ` r l g / 0 7-i► Az � D�Address : Z C3 i 5 HER R/ MA ►r _I+b- Si ned: Signed: Print Name: -�-/� Address: Signed: Print Name: 4 Address: g C%4�y 2'0 � f i Signed: 4��x- Print Name: J�f x- e ` w �- `- Address : 0 t 5 C all- No 'P/�f Signed: Print Name. Address: l4 3(d l'O Signed: A� Print Name:.eC'r; Address: �� �- Sdtr�•K�� �r . Signed:.•_c_.� Print Name: (>%Q Address: c--. Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 S'aratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: ('CCiL• - S. T ffpa S Address Signed: Print Ni Address; Signed: Print Name: L Address: Signed: J Print Name: Address: c Signed: Print Name: LUCi njo, YaJA Address: jtE (,��(� SflbeU Qd • 5pt ykdL jQt signed: Print Name: f8 ,; 0 Address: Signed: alo t 1 • C��i Print Name: 'FQ,�h,,C -,r Address: ) L4 ; �r. Signed: Print Name: M Address: 1 �ti `/ /PHl,�ac Av Si�r/�c Signed: Print Name: , £ ,e 4 V ,4,<:7 l Address: C ljl%j iiJ Ck1,4M �L signed: //7,4 Print Name: e(totJ Address:�� signed: NET,SON GARDENS OPEN SPACE PETITION To: Saratoga City Council . 7;4±, The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Woad, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of demonstration apricot orchard and nature center. preservation may entail organized public access the property. Print Name: �C KOV)Otk,�5CiS Print Name Address: /,t/V--.-Address Signed: /(i1' e%—Signed: Print Name: a' D 1urt( -k( Address: kI(cQ A✓r Signed: the Nelson Gardens We understand that the and farming activity on n, Print Name: (, Address: �rl � Signed:,, Print Name: �Qy /se �, �+ 1( Print Name:! CUB Address: Address: Signed:. _ J Signed: Print Name: i`W Print Name: - /L -_- Address: '% CEWA) k/1- C7, Signed: z Print Name: Address: A Signed: Address: (" Signed: L)a% Print Name: Address: Signed: 0 -r.-N L. NELSON GARDENS '. I "1112 OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: I t� r L .4 , Address: 2C �kS AfA Signed: PO-4 L� Print Name: A11'1 Address: H y4a " I Signed: ,- r Print Name: �,° �3T�i ���; [�nR�.l_s Print Name: �" /� �, Address: t2-g0(o Cki -Ql,ZA aT Address: Signed: -� Signed: l Print Name: ot--« +4 Print Name: 4, Address: 14 3 6` SL-K , (Le 3 Address: 136, Signed: Ate-- signed: J� Print Name: ti Print Name: ((J �n[,(JS► Address: J60 ()l Signed: Signed: Print Name: : fis r " I I' '#/ V .4 2 0 Addres Signed: Print Name: Address: f 0 G% Q Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: cJT% /E ftl� Address:DrO 0���k'l' lt/J• Signed: :L Print Name: ALLe'd ��►� �,,..� Address: LJ j 0/'C' Signed: Print Name: Address: ;' Qr Signed: CJ N Print Name: 1 Address: J Jl Signed: Print Name: Address: / Z 'i5ZQa<C L N D2 _ Signed: 7'eBy !✓1r,��PEaufy Print Name: Address: Signed: Print Name: A&VIZA 1 • (le )e Print N Address: `!5 Address: Signed: Signed: 2 T4 -S'A/ -,A N 14 e s c% 1 L -5-.. tea" r' .tom t Get Sz>%L> Print Name: 14RUcc- ®L / Print Name: (� , I�l4l Address: �� �_`S/¢�,AT6G/ Address: �Q ((d 1U Signed: T �p �%����/ Signed: moo[ rl NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: Signed: Print Na Address: Signed: Print Name: Address: (q Signed: li Print Na Address: Signed: Print Name: ka-) Address: Rc. SOP, r r Signed: L ok Print Name: Address: Z 0 3G I L kA l Gc 1 J r--[k Signed: �--� Print Name: L54- ptye;- .8 Address: K16 Signed: Print Name: 040- � ` Address: Signed: Print Name: )!Edn A,� Address: a 3 3 S igned : /W Print Name: Address: J 51- S I �,\ 14 o t--J 5• Signed: L;g, - — 0-� NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Na Address: Signed: Print Na n Print Name: Address: /q_ 55Q t6C4crZy/ L] 0e2 Signed:`- 7 %cnrL�'1 1 )1/)rint Name: -- /Cjpy -4 10 i y'd5,e T Address: V Address: le�0 / A -a Signed: ^T � ned: �'4 OG/ Print Name: i�6 Address: /LS/A 5U/r7)E4 ,S&- ftV6'k Signed: edAi Print Name: 9�A 0, M e- 6 r Address: I g6 o !�'4 z-k �'+` yj' Signed: Re) ISS-3 Print Name: Address: �i Signed: Print Name: OjS J. P Address: .�)D�N'7 �US�� 1. 1 Signed: Ll Print Name:r�yc,�,� D• �•� --`� Address: (14oy signed: 7. 94-4�1 Print Name: Address: Signed: ellool NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: ..r�° Address: Signed: Print Name: Address: Signed: Print Name: Address: /'] �� �`%f31 i� JA) Y Print Name: Address: Signed: Print Name: - 606 Address: /L -)0 Signed: Print Name: Address: Signed: (�2 Signed: Print Name: 9ACKAAP.A L,Fk2�o„2 _ Address: Zt;SKµJ_P Signed: ,.W}� �`oa A . �- -`�'CG 7 C) Print Name: IN Qaoe �'�ve�rs Print Name: Address: Signed: Print Na Address: Address: Signed: Signed: Y NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: %rJ ILLtA14l Address: IS404- ONDIE- AV Signed: _ it 1A Print Name: A R E N DO N Address: 133(ea OL- D C)8 WAY • psi _\ M 0OIM, Print Name: J l O L'-r �- CC"-'jxO—' Print Na Address: Q/ Y. Signed: Print Name: 6z-m o Address: 206641 V�Wb U &" Signed: 4eAnmel- Print Name: Address: Signed: Pri t �M. �1 n Address: Signed: V Address: Signed: Print Name: , -, , JF QR d= Address: Signed: Print Name:T%- tinE�cIS Address: Signed: / s Print Name:c- f!��_.,_._9 Address: Signed:�� a NELSON GARDENS EN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: MI& To / dQ /s Print Name: a t- L Address: Q��� S C t/ `L 1/1 Address Signed: aJZ� �e 1?,f Signed: T Print Name.,,. _7"-el- ff Address: 19999 4 c i S igne4l . Print Name: tAv P O'k'Z-"j Address: Signed: Print Name: 9111441 Address: /3 6.4 i ��-- Signed: / /�, /'�Fiilsxs► Print Name: }X44-UEC:fiiQJ""- 14E12- Address: /� 5,� ,JW-f%He'4 signed: Print Name: Likel'118' M'e V e r Address: 15Oa >Fry +✓a(f Ae�e Signed: vl" Print Name: G"&' Address: 0 �O� �� t &<- Signed: ^ ae'( � . d4 V LA 61 Print Name:Qt1{ Address: /LfZ67- C s7�tz ji't Signed: Print Name: - 2 " c0 h Lr/11 U Address: [- 17 ( eatt� v Signed; NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: IJo iz -0-FN V V612-1104-Al Print Na Address: I`- (AZ S Lav-C rC r,)L Signed: Print Name :it!:t Address: Signed: Print Name: '/ "V"7 ze-'y "//�, Address: /�7`'i' /.�1�/c'fJT06;,/f �,�i�s i� /� Address: /lG'Jr Signed:,�<<, y �`��� Signed: Print Name: /� l.��N� g S/ rJS Address: /goy/ fdir-/» n /A. //f ,pGO Signed: Print Na Address: Signed: Print Name: 5AiZA-1A - 6$ IM 5 Address: ( 9 3 1 IF �r,•� �wgi� � signed: Print Name: Address: Signed: Print Na Address: Signed: Print Name: (Z�C � SI0CvLF- £�A-) Address: (RfSSD (f, ,q-�� (A) Signed: ALQ"O- O—j (::?-- NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Na Address: Signed: Print Name: Vexhq Mde&- Address: !�2/ey1 a age Di- Signed: K_Z�tzt ///1a� Print Name: 51 -01'4 �y S Address: ;Zn, 710-;1 r ✓y�/��G4/ �� Signed: 4" Print Name: LQU r L L A �Owvpv Address: - ddress :- d DA VICOV v I `PV Signed: Print Name: s V ti �'� O _ Address: ems' Print Name: Address: 12 --4'S -1 Signed: Print Name: Address: 4STSs 19W Oie,Q/ % Signed: Ax�- Print Name: Address: -26 ��� _ o- Signed: U —�— Print Name: A YCO I, Address: \a 1n 1 4 Signed: Print Na Address: Signed: I a A,. Signed: ck- ..'j NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation ;may entail organized public access and farming activity on the property. Print Name: C�,�(1i� //3 L�'IjlSd& Print Name: ` r.PIT Ci z �.'r�s �1.t ti Y \ (t v� Address: �5 S.�Ir2. -,C. �%4.(, Address: `),c� Signed: G, D,�j signed: g Print Name 0osr�wo e ' A/Pc. y 'tl Address: A';T_? /�%S�FS�' Zoe Signed:- r�:����Jcr. -- Print Name: I Address• signed: P''i.i� rru,,•_ Print Na Address: L Address: Signed: -fit= ?'i� Signed: Print Name: Address: u, Signed: Print Na Address: Signed: Print Name: ccc�� y If ao Address: Signed: -e-Print Name :411.xABE /Z I-x),4)PTAI Address: �� S Signed: �� OPI r_ Z /`lda /�� S jYl S iqf� /161// 0G� L i. ���� ����c� C�y� 5�z��� �� ._ � �� � NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 201851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Print Name: Address: Address: Signed: ��,(�,,� Signed: Print Name: h ;L N ,!t- 0 n-cii Print Name: Address: Signed: :�:)c �x Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: -_-L. NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: G',OL4.7- Z041404&C' Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Print Name: Address: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: «l� •z, �91.�a ; c Signed: Print Name: L4j Address: Signed: A. Print Name: Zerler- J��iyJS7'C�' >✓i Address: Signed: Print Name: Address: Signed: Print Name: , L_ - /;' Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: I Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the -la;14 conservation contract, zoning, and the proposed residential developme.t on the property known as Nelson Gardens at 20851 Saratoga Hills Road; bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that th preservation may entail organized public access and farming activity or the property. Print Name: `—UAL / y 1,6�%/qlLt Address: % ��/�l7�a C� Signed: Print Na Address: Signed: Print Name: /,(/0,* v/ AtA--' Address: /� S�f / ���STn� p/L Sig . Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: _ Signed: Print Name: 4 /1 X�A Print Name: Address: / � �61 � U Print Name: Address: Signed: Print Name: Address: Signed: a � a 4t-le Address: Signed: kaki c ti F. /7 r 0 A/// �j Signed: Print Name: Address: Signed: Print Name: Address: Signed: a � a NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: �' F,C � ' C ' Print Name: Ll Z I ,a JC1 Address: Address:ln Signed: Print Name: %��" T B l G Print Name: A,Vi"'r- Address: �`� °' 7 `�' � ��� �' ddress: / 9 EYO 1 k V M D y T!4 ale Signed:' Signed: r Si � l , Print Name: NS �- dIR p N 5 Print Name: Address: Address: Signed: - A IR 4 Ot567 U Signed: Print Name:�� ` Address: a- T' 6`16 Signed: Print Name: �p L �,� /Ou Address: f�d ��C� �Q Signed: Print Name _ Print Name: Address: / .� Signed: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, OPMIQIR C/ on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Print Name: Addre S igne� Print Address: Signed: Print Name: Address: Signed:. Print Name: Address: Signed: Print Name: Address: Signed: Address: Signed: Print Name: Address: signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: Signed: Print Name: 14UEMP- 46A9At- Address: lYf 2 -2- 2�3ea l Signed:rZ -v� Print Name: ,JG ,e��Print Name: Address: / Address: 2CS6D7 -Y�' Signed: �� Signed:. Print Name: OI L4-I AM Address: 7 Signed: Print Name / c ° CL Address: 6X fo O Signed: Print Name: Address: ? O /,07 Signed: Print Name: Sc y$q� 1�lab Address: 130 NIC01M hVR-O Signed: Print Name: Print Nam Address: �. L>` Address: Signed: ` Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard ia-,17d nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name • .'-l' Address: /? V4'4'V.0 r`w %AJC: Signed: �,,..• -ti`s Print Name: Address: 1304to /LW ©AX tL %4 Signed: Print Name: ll,-h,l IQ Print Name: . - M. Address: .'L�f 1 L0412D (- , Address: 1����1 �+j�L ,�.� 1, Signed:. Signed: ,/,-q -L ��7 ^ Print Name: �� h��� � kA Address: Signed: Print Name: a Address: �^pQ��� W �t L424— Signed: / ax,, 11:4 -- Print Name: Address: 1341" AA a,Q c„ Signed:,�� Print Name: /�% y Z v H Address: �� �, �5' �w,y� v�(G- Signed: L Print Name: A i -)e�,� i. �/�'J Print Name: Address: 13,0$09 Address: /9 -7T Signed: Signed: ��,�. NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: -41 aC,t��-7-Z print Name: Address: n-� X21= I t-D i-- Press: a a,) qO j lU J T' AV Signed: Signed:i� Print Name: �`° " '<'wy� print Name: `�Address: aoGJ3 kV1k"�q AUFJ Signed: G`f- � �'�?--signed: (J ' Print Name: = ��is Print Name: Address: —20713 T� / - t ress: UB S Signed: Signed: Print Name: %✓ic/� ���✓/ o rV Print Name: Address: n 7 / ,(riT rl"-'--' �'Address: Signed: Signed: Print Na Address: Signed: Print Name: -y), 'r -'- �iJd y Addres Signed 05- NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Y1/.9 AL 01,41yDM Print Name: JA,-4,;:C e X6VI.0 )(Address: 20%6 D 7'2 / &u )7't/ A l/j' Vddress : 20(.7 7 S igned : Signed: Print Name: C A Ro,L y iy ,Lf_=k�j �y.� /=.rte Pri Name: YAddress: ;ZA7(oo -TRjA)17•Y %PVC. )ddress: o?v SS' Ai N/ Signed: Signed: P , Print Name: Ee-L C--A'4 S - Z w Y Ep(— Print N Address: o2D("F3 je/At/ 7'y )4vG • kddress Signed: Signed: IIJAZI Print Name: �s NUJ , aV N-Mdress: U 4 -7 l r,v Signed: ` Print N Xddress Signed: ,id Print Name: Aqlre e Z , kddress : 3 �� Signed: l� 0 . _ �� . - -� . .. , ', , ,' .. �. `� � � �.� � �. ♦ .. �� . NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned.Sarato_ga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print / / a / s Addressi .�� Signed- / ., /4i Print Name: ,c��,r/, JZ /A - / Address: Is( --rx �oh��e k/ad. AralSa Signed: -��L Print Name:. r- lk � Aco ler�a Address: Po-Yl47a6 1I V'e Signed: 9 1-,Oq"Ma,41'_ Print Name: r L Z Address Signed: Print Name: 1� - /�i , Iu eM e-rL Address: l39 D loon h,16; %� L Signed: Print Name: &&,eces L✓ yl,"M'' 11- Address 7-0.35A--> L,, PIIL AVI Signed: &gjL-j Print Name: avid Zd L5 Ion. AddreE S igned Print Name: Address: _ Signed: Print Name: Address: Signed: Print Name: Address: Signed: k• I NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Print Name���'� /� /� ✓��s Address: ri %, Add"r"ess: �3% D•�Tli�iC� LJE S igned : Signed: : Al Rp Print Name . �� �aU /' S �� % rint Name : - �% D � I��/�N �T /) )Address: /z C1-;) PAd4Xess: U -7 PD -T/ AG A Signed: Signegi Print Name: j+1hil6 e 1 L ? V, I Lt .Address : L_ N D r- r Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: (50, NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Address Signed Print Name: T ✓y» �� Address: Signed: IL tLa-a f Print Name: Address: 71NOrN Signed: Print Name J RWJ9_f, 'I �R M PAX-s Address: 14D1 54FL4 TO Cr IUI Signed: • �-- Print Name : 1 EJNG. BYER Print Name: M pr j'O YIYI p. :,7 WO, ►i Address: /440o?Z St�'l�� %- �C,�lfS� Address: Q D 30O Signed: Signed: Print Name : Print Name: ` `U r l� CZ ry �-e_ �nn�e, �nr�nr1 I n Address: /`f D D / Address: I Ic2 q J� G� C� IL Signed: ic�xtie� /� �� -xiX� Signed: �rn� a�a�rol) Print Name: /e- Print Name: SOL-( � l�Ct Address: ����� `1�2 Q� /�!�S Address : -ao9 71 5G.fcrc (3(9) 0 NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: 149 � i S e 9!!�4 i et- Address: Address : 7 -1 5.q i�Dq c;L signed: bt Print Name: Address: .1097J Signed: ! w " 1t� Print Name:, /E�,���,- ,,,�,,i, Address: Signed.:? Print Name: Address: z /485 Signed: Print Name: vQSe -S� Qo-- Print Name: Address: �d 9 7 Z Address: Signed: Signed: Print Na Address: Signed: Print Name: Vj;,,;� Qrris `Your g Print Name: D E L r Address: tZ S6 Signed: Print Name: Address: a 1 U u o S ccr-,z-�o 4 a N, //s &/ Address: Signed: 1 Signed: i i IS 16 I NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: ,oh A . T- t Qe.�, Print Name: C_ Addre S ignei Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Address: l'J Signed: S 17 ems, �. d � � � � %1, l In h, M ►� �� Print Name: Address: Signed:, _ Print Nane: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: �.- 9•Z.�6.f. �9 5-a7� Signed: Print Name: Address: Signed: Print Name: fl Ar dr Print Name Address: 19C, 95- /,it, a Dr r ✓e, Sav-. Address: Signed:�c��, Print Name: Print Name: Address: Address: Signed: Signed: Print Name: Print Name: Address: Address: Signed: Signed: Print Name: Print Name: Address: Address: Signed: Signed: NELSON GARDENS OPEN SPACE PETITION- To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20651 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name; ����r� cam, �i5�- -�� Print Name:. Address: Q�� �a�nuc . Oro- JR,— Address: Signed: j4Z Signed: Print Name: Address: Signed: Y�12L �� t 1 :3: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Print Name: Address: Address: Signed: Signed. Print Name: Print Name: Address: Address: Signed: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: A 6, I-r�f � Address: 8//,;Z- Y� Signed:C -// Print Name: , A V� �� S Address: �U144� V�.c; �c.ve�►a��� Signed: Print Name: Address: /53� ✓Ud �rodV 17 Signed: Print Na Address: Signed: Print Na Address: Signed: ,I Print Name :-6 W Address: 117 SO ��iL /(�/� 4-SS Signed: ( 14k,,V�6eh , 0 z :jo Print Name: V\-c- 'Address: 41 A Signed: 40 S v 1' e wc-4c 5,4W Print Name: Address: jr�,� Jjt ���z•,, �(�U ; T�- Signe _ s Print Nam Address: Signed: /..dL ✓�RU7�i��� AZ %� /�i�` Print Name: b, L° ACbe._� � 1� Address: Signed: --� � �r��a-f- �� J L- j,2 NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name : f ��' t //I le '�� l Print Name: Address: G� /J C� �1/ �� �i rt/ %�!� Address: Signed: � � � Signed: Print Name: Wad tlo� w Z), �ee j Address: 13-3-)-(- nos -(-• C 7- Signed: lxl'a, di Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: Signed: Print Name: Address: _ Signed: Print Name: Address: Signed: Print Name: Address: Signed: eld s e- - NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Address: /,3 �i4.QAT� l ,4 ��uS• Signed: � Print Name: Address: Signed: Print Name: k66/z / // % j r,U�;� Print Name: Address: Signed: Print Name: Address: 121J:5-2, - ;4RA7 -06 9 Signed: Print Name: L,04 1,J(-,n A/ E - Ylrz — Address: V453 YAX47 frA• 147L4-5 WZAD Signed: -- Print Name: Address: Signed: Address: Signed: Print Name: Address: _ Signed: Print Name: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any.changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print M Address; Signed.: Print Name: Address: Signed: Print Name: Address: S igned : Print Name: �!, "17;E'F Address: Signed: Print Name: 7)Ln� Print Name: Address: �20211 Ao- l OYi1 Address: Signed: Signed: Y Print Name - :ari et H. ch-e-n Address: /�d5� Via f�5CU2'o1 G� Signed: Print Name: Address: Signed: Print Name:: Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 _Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name:iy� /'7, OyQi95 /�✓ Addressxl 7 S igned Print Name: R L s' I D Address: (o59 9E y I I-LP, c�ItU L, Signed: &AA1 r n A-tA' ' Print Name ,ail M/7C P Address: Z0%23 Signed.: Print Name: Ak' v(6 Print Name: AAI/J.p L . ,T(7 %Ct1pj1 Address: Ij'737 �vsSc (( (--7 Signed: -� 0 Print Name,: Address: Signed: Print Name: Address: Signed: Print Name: Address: Address: Signed: Signed: Print N Address Signed: Print Name: DAddress: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: /�rM Address: glcw qA; /L. Signed: � ) iY e4 -C_b J A)LO Print Name: � oc� n PrO/O Address: C�- signed: Print Name: Address: 1 S-go )Vot4b V7 Signed* ` Print Name: Atu-. Address: L Signed: W/V+ -� Print Name: K y► ( �C�� Address: 85171 Signed: Print Name: iAa uX' Address: i9q 01 yi w E Scu_da. I.�r• Signed: �,1t4 ,J Print Name: 61x Y"d / ) � yG Gtr' Print Name: Address: /393.1 ddress: Signed: Signed: �C 6)11,< 7— /j(/F Print Name: �p_c,� ���. �1►� h Print Name: � /1& �-- Address: Address: 40 '' r1 Signed: Signed: ad'"/"z2 NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name:R/�iSRA LUi4rR.�cpS' Address: Signed: Print Name: U. GU�7iQOVS Address: i�i�S's /JiTY.B ce �vz S igned : Print Name: k %hh t)JL Address: ,,'y,#--r Signed: L vim' ID &L*--'.0 � Print Name: 4� J� 1 -2 Address: 270 -7 Z- V2FAID - l Signed: Print Name: Address: /3617 7 Print Name: 1� ? adi'11-11,/ Address: Signed: Print Name:J'Z Address: a'D i10 130 y c& hi Signed: Print Name: IAMk i--L--1eL Address: 02OS---3,3 �d yc-'[r 4 AJ Signed: Print Name: C U i a_ n n c Address: S igned : Print Name: Nom` Address: Signed: Signed: 11 J ZO BTU ow C e G--N ' NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: M4R(- rr N Address: T Signed: Print Name: Address: 6G6; Signed: ���v Print Name: IjpN /Q U E 4,4k,) Ej(,' Print Name: Ej2 Address: r :; 7 �? 12 • 6L C4J Signed: Signed: r g � - � .,� 4 6) Print Name: Gnra�S/f E. t�pAS,ol Address: Signed: �IE Lc SEA Address: /37.3 7 ` Q`�a• Signed: Print Name: `S aktvg 'Z7 L- Address: S060G ec�a 1�' l�y, Signed: Print Name: Address: Signed: i r irll. 1Vanie Address: Signed: Print Name: Address: Signed: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: Print Name: (ojao J. L N UH Address: /Z Address: 12050 &COKCLEN DR. Signed: Signed: Print Name: pTA/V2q w elA A f/.Z Print Name: ?k y �- C w Ae i lEv-, —r Address : Address: 1446S V %A EScO r- LA Signed: Signe - Print Name: .l -4 M E s %Z . A% c /19exot.c.,✓ Print Name: (f J�-g-n- Lz S (-D. �lZOZ-7 Address: 203 73 Address: Signed: Signed: G2 Print Name: 1c C' 111Z C KA Address: /o?6 9"C Signed: ` Print Name: 12AN /NEk? Address: Z,94'72 4)/& _ % Signed:IVZ4 �I���l� -'� /ter Print Name: �' L,) AP/-) J. S 114 W Print Name: Al Address: J 9'73/; Megi,'z-Z Address: Signed: c U'Gtir,����� - -� `'� S igned : NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: �1%j6l -E�r �¢, !/,�yG�� Print Name: Address: 891 i¢ !;�Address: / Z 1 cY3 irER�'rF QD- Signed: Signed: Print Name: �� (��� Print Name: SgnG�vGt ���l/Pl� Address: J;q-3q O&r- xaA� Address: a Vlu Znq t�i1 Signed: Signed: V"wal,"'z' Print Name: RIC- HA-2.D :fo2S0 Print Name: Address: lOgcC>p� F tcx,2 c-z- Address: Signed• Signed. Dryrit Name: Dri.nt N-nme Address: Signed: Print Name: Address: Signed: Address: Signed: Print Name: Address: Signed: 1� j�Q2.�. II NELSON GARDENS to ,mac{ OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Na Address: Signed: Print Name: 'SQYm't ,UrC V Print Name: /Address: Signed: Print Name: Address: Signed: �� � ,� rrJL2,�/ Signed.. Print Name: i ; iQ�/(� Print Name: Address: �/ 2a �,Q�,� f� r /(� Address: Signed: Signed: Print Name: Print Name: Address: r;-ONq 4 'ti � �'� Address: Signed: Print Na Address: Signed: Lgned : -int Name: idress: �gned: NELSON GARDENS OPEN SPACE PETITION To: Saratoga City Council The undersigned Saratoga residents oppose any changes in the land ,r conservation contract, zoning, and the proposed residential development on the property known as Nelson Gardens at 20851 Saratoga Hills Road, bordered by Trinity and Pontiac Avenues. The undersigned support the preservation of the Nelson Gardens demonstration apricot orchard and nature center. We understand that the preservation may entail organized public access and farming activity on the property. Print Name: M) A. "M—'s Address: Q6 ni u - Signed: Print Na Address: Signed: � l Print Name: LI Address: f 01 Signed: pc_ s O t Name: e Q, E a4 t 27 ess;. Z e v Print Name: L° t 1Yn1 j7-'111 N fjt2y Print Name: Address: �`�� �' Z !` c: e- l�sfsrce ?�2, Signed:, Print Name: Address: L! Signe Print Name: Address: /,E[ -O 57oNE Address : 3 Signed. Signed: Print Name: C.p wl,,J i / n1 d Address: / 3g o/ Gig RCK /P} c Signed: Print Name : .4� e0 !�� Address: 1-� J 6 Signed: 0 0 00 P� ® RESOLUTION NO. 2468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING TENTATIVE CANCELLATION OF A WILLIAMSON ACT CONTRACT RELATING TO PROPERTY LOCATED AT 20851 SARATOGA HILLS ROAD WHEREAS, The Florence Nelson Foundation is the owner of certain real property located at 20851 Saratoga Hills Road, Saratoga, California, commonly known as Nelson Gardens (hereinafter referred to as "the Property "); and WHEREAS, the Property is currently subject to a "Williamson Act Contract," executed on or about June 18, 1971, pursuant to the California Land Conservation Act of 1965, otherwise known as the Williamson Act; and WHEREAS, The Florence Nelson Foundation has petitioned the City of Saratoga for cancellation of its Williamson Act Contract with respect to the entire Property, in accordance with the provisions of Sections 51280 -51286 of the Government Code; and WHEREAS, the proposed alternative use of the Property is to subdivide the same into nine lots for the construction upon each lot of a single family residence; and ® WHEREAS, public hearings on the requested cancellation were conducted by the City Council on December 2, 1987, and January 20, 1988, with notice thereof being given as required by law, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, the City Council has carefully reviewed and considered the oral and documentary evidence submitted in support of and in opposition to the requested cancellation; and WHEREAS, the City Council has approved a Negative Declaration determining that the requested cancellation will have no substantial adverse impacts upon the environment, within the meaning of the California Environmental Quality Act; and WHEREAS, the City Council has found and determined that: (a) The Property is only 5.1 acres in size and is not large enough to support productive and economically viable agricultural uses. Operation of the Property as an orchard has consistently resulted in economic losses, which the owner is no longer able to sustain. There is no other reasonable or comparable agricultural use to which the Property may be put. The financial inability to hold, operate and maintain the Property in its present use, or any reasonable or comparable alternative agricultural use, is further demonstrated by the fact that ownership of the Property was relinquished by the Nature Conservancy and the California State Parks Foundation. -1- 00M0g9 pa� (b) The Property does not constitute "prime agricultural land," an "agricultural preserve," a "scenic highway corridor," a "wildlife habitat area," or a "managed wetland area," as such terms are defined in Section 51201 of the Government Code. Accordingly, the Property does not fall within any of the categories of land which the Williamson Act is primarily intended to preserve. (c) The Property is totally surrounded by fully developed residential neighborhoods. For the purpose of constructing nine single family residences, there is no other land within a radius of one mile from the Property which is suitable in terms of size and physical characteristics, or available in terms of being currently offered for sale or intended for development. Although vacant land could be found elsewhere in the City, this land is not proximate with respect to geographic location and, to the extent such vacant land is located in the undeveloped hillside areas of the City, the utilization thereof would result in a less contiguous pattern of urban development. (d) The Florence Nelson Foundation is a non - profit organization established for charitable purposes. The proceeds to be received by the Foundation from its intended sale of the Property will be utilized for the conduct of its charitable activities, thereby providing a —` benefit to the public. In addition, a specific public benefit will be derived by the City of Saratoga and its residents as a result of the offer by the Foundation to donate a substantial portion of the sale proceeds to the City's park development fund and to the Hakone Foundation, a City- sponsored non - profit trust established for the purpose of operating a public park known as Hakone Gardens. By virtue of these contributions, the Property can be put to an alternative use in a manner that will promote and enhance the recreational and open space facilities within the City. (e) The Florence Nelson Foundation has delivered to the City a notice of non - renewal of its Williamson Act Contract, thereby indicating its intention to terminate such contract whether or not a cancellation is approved by the City Council. The Foundation has further indicated its inability to continue operating the Property as an orchard or to otherwise open the Property for public use because of operating deficits and liability exposure. Consequently, if the Williamson Act Contract is not cancelled at this time, the Property will not be put to any productive or public use and is likely to fall into a state of neglect and disrepair. This condition would constitute a blight upon the neighborhood and a potential health hazard and attractive nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. Based upon the findings and determinations described above, and subject to compliance with all of the conditions set forth in Paragraph 2, a tentative cancellation of the Williamson Act Contract relating to the property owned by The Florence Nelson Foundation, located at 20851 Saratoga Hills Road, is hereby approved on the ground that cancellation of such contract is in the public interest, by virtue of a finding and determination by the City Council that: -2- Y T(a) Other public concerns substantially outweigh the objectives of the Williamson Act; and (b) Development of the Property will provide a more contiguous pattern of urban development than development of proximate noncontracted land. 2. A certificate of final cancellation of said Williamson Act Contract shall not be recorded until all of the following conditions and requirements have been fully satisfied: (a) The City's General Plan and Zoning Map shall have been modified to change the designated use of the Property from agricultural to single family residential. The permitted density of development shall be as determined by the Planning Commission and the City Council, and nothing herein shall constitute or be construed as the approval of a subdivision having nine lots, or any other specific number. (b) Tentative and final subdivision map approval shall have been granted by the City, pursuant to Chapter 14 of the City Code. Nothing herein shall constitute or be construed as a waiver, relinquishment or restriction upon the City's right to impose conditions, requirements, dedications and exactions in connection with the granting of subdivision map approval. VM(c) All requirements of the California Environmental Quality-Act relating to modification of the General Plan and Zoning Map and the proposed subdivision of the Property shall have been fully satisfied. (d) The Florence Nelson Foundation shall pay in full the amount of the cancellation fee computed under the provisions of Section 51283 of the Government Code. In the event such fee is not paid within one year from the date of recording the certificate of tentative cancellation, the fee shall be recomputed as of the date on which the City receives notice. from the Foundation that all of the conditions set forth herein have been satisfied. (e) The Florence Nelson Foundation shall have fulfilled its offer to contribute the sum of One Hundred Twenty Thousand Dollars ($120,000.00) to the City of Saratoga, for deposit into the City's Park Development Fund, and to contribute the sum of One Hundred Twenty Thousand Dollars ($120,000.00) to the Hakone Foundation; provided, however, if the gross sale price for the Property is reduced below $2,400,000, an amount equal to ten percent (10 90) of the gross sale price shall be contributed, to be divided equally between the City's Park Development Fund and the Hakone Foundation. 3. The conditions and requirements set forth in Paragraph 2 above shall be satisfied within twelve (12) months from the date of this Resolution, or within such -3- 000061 t -- E additional period of time as may be allowed by further resolution of the City Council; otherwise, this Resolution shall be null and void. 4. The City Clerk is hereby authorized and directed to record in the Office of the Recorder for Santa Clara County, California, a certificate of tentative cancellation, in accordance with the provisions of Section 51283.4 of the Government Code. s Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 17th day of Febraury, 1988, by the following vote: AYES: Ccuncilmenbers Hl.ava, Moyles and Mayor Peterson NOES: Caancilm=_rnbers Anderson and Clevenger_ ABSENT: None Mayo ATTEST: 'r y City Clerk -4- 000062 County of Santa Clara California FEBRUARY 11, 1988 Office of the County Assessor Real Property Division County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 299 -2401 Area Code 408 Alfred E. Carlson, MAJ. Assessor THE HONORABLE CITY COUNCIL OF THE CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA, CA. 95070 ATTN: YUCHUEK HSIA, DIRECTOR, CITY PLANNING DEPARTMENT RE: A.P.N. 503 -49 -041 AND 503 -49 -042 LAND CONSERVATION CONTRACT #72.901 OWNER: THE FLORENCE NELSON FOUNDATION APPRAISAL DATE: AUGUST 3, 1987 CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 51283 OF THE GOVERNMENT CODE, I, ALFRED E. CARLSON, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE RECALCULATED FULL CASH VALUE OF THE 5.10 ACRES OF LAND, LESS THE RESIDENTIAL SITE, BEING PARCELS 503 -49 -041 AND 503 -49 -042 IS $1,316,800 (ONE MILLION THREE HUNDRED SIXTEEN THOUSAND EIGHT HUNDRED DOLLARS). THE CANCELLATION FEE, WHICH IS DETERMINED BY MULTIPLYING THE FULL CASH VALUE BY 12.5 PERCENT IS EQUAL TO $164,600 (ONE HUNDRED SIXTY FOUR THOUSAND SIX HUNDRED DOLLARS). THIS IS THE AMOUNT OF THE CANCELLATION FEE. DONE THIS 11TH DAY OF FEBRUARY, 1988. AT SAN JOSE, CALIFORNIA. AL D E. CARLSON, M.A.I. CO NTY ASSESSOR ® An Equal Opportunity Employer TO: Saratoga City Council FROM: Harold S. Toppel, City Attorney I , J. M. ATKINSON (1892 -1982) L. M. FARASYN (1915 -1979) RE: Cancellation of Williamson Act Contracts - Comments Concerning the Case of Sierra Club vs. City of Hayward DATE: January 12, 1988 1 Carolyn Alexander, who is opposed to a cancellation of the Williamson Act Contract on the Florence Nelson Foundation property, has furnished to each Councilmember a copy of the decision by the California Supreme Court in the case of Sierra Club vs. City of Hayward, 28 CaUd 840 (1981) (hereinafter referred to as the "Sierra Case"). In some very important respects, the Sierra Case no longer reflects current law. This memorandum is intended to briefly update the Council concerning legislative activity and court decisions which occurred after the decision in the Sierra Case was rendered. Ms. Alexander is certainly correct in saying that the Sierra Case applied an extremely restrictive standard to any proposed cancellation of a Williamson Act Contract. Section 51282 of the Government Code, as it read at that time, required a dual finding that: (a) the cancellation is not inconsistent with the purposes of the Williamson Act, and (b) the cancellation is in the public interest. The statute then listed a number of factors which should be "considered" before a cancellation is approved. The court interpreted such factors as constituting additional findings which the legislative body was required to make, and also expressed its opinion that "cancellation is to be approved only in the most extraordinary circumstances." The court further stated that cancellation would be inconsistent with the purposes of the Williamson Act if the objectives to be served by cancellation should have been predicted and served by nonrenewal of the contract at an earlier time. In other words, if it was foreseeable at some earlier point in time that the land would eventually be used for other purposes, either the property owner or the city should have elected not to renew the contract at such earlier point in time. The court concluded that the Council had failed to make all of the requisite "findings," particularly the finding that proximate alternative sites were unavailable. The dissenting opinion in the Sierra Case vigorously disputed the interpretation and conclusions drawn from the statute by the majority of the Court. In the view of the dissenting justices, the Court was imposing new findings not required by the Williamson Act and the conclusion that a Contract could only be cancelled under "extraordinary circumstances" was a "novel thought [that] springs from the -1- ATKINSON • FARASYN ATTORNEYS AT LAW PAUL B. SMITH 660 WEST DANA STREET ERIC L. FARASYN LEONARD J. SIEGAL P.O. BOX 279 HAROLD S. TO P P E L MOUNTAIN VIEW, CALIFORNIA 94042 ROBERT K. BOOTH, JR. (415) 967 -6941 STEVEN G. BAIRD NICHOLAS C. FEDELI, JR. MEMORANDUM HENRY D. CRUZ TO: Saratoga City Council FROM: Harold S. Toppel, City Attorney I , J. M. ATKINSON (1892 -1982) L. M. FARASYN (1915 -1979) RE: Cancellation of Williamson Act Contracts - Comments Concerning the Case of Sierra Club vs. City of Hayward DATE: January 12, 1988 1 Carolyn Alexander, who is opposed to a cancellation of the Williamson Act Contract on the Florence Nelson Foundation property, has furnished to each Councilmember a copy of the decision by the California Supreme Court in the case of Sierra Club vs. City of Hayward, 28 CaUd 840 (1981) (hereinafter referred to as the "Sierra Case"). In some very important respects, the Sierra Case no longer reflects current law. This memorandum is intended to briefly update the Council concerning legislative activity and court decisions which occurred after the decision in the Sierra Case was rendered. Ms. Alexander is certainly correct in saying that the Sierra Case applied an extremely restrictive standard to any proposed cancellation of a Williamson Act Contract. Section 51282 of the Government Code, as it read at that time, required a dual finding that: (a) the cancellation is not inconsistent with the purposes of the Williamson Act, and (b) the cancellation is in the public interest. The statute then listed a number of factors which should be "considered" before a cancellation is approved. The court interpreted such factors as constituting additional findings which the legislative body was required to make, and also expressed its opinion that "cancellation is to be approved only in the most extraordinary circumstances." The court further stated that cancellation would be inconsistent with the purposes of the Williamson Act if the objectives to be served by cancellation should have been predicted and served by nonrenewal of the contract at an earlier time. In other words, if it was foreseeable at some earlier point in time that the land would eventually be used for other purposes, either the property owner or the city should have elected not to renew the contract at such earlier point in time. The court concluded that the Council had failed to make all of the requisite "findings," particularly the finding that proximate alternative sites were unavailable. The dissenting opinion in the Sierra Case vigorously disputed the interpretation and conclusions drawn from the statute by the majority of the Court. In the view of the dissenting justices, the Court was imposing new findings not required by the Williamson Act and the conclusion that a Contract could only be cancelled under "extraordinary circumstances" was a "novel thought [that] springs from the -1- majority, not from the statute." The Sierra Case prompted a flurry of legislative proposals in both houses of the state legislature. Some of these proposals were intended to overrule the decision by the Court, whereas other proposals were intended to reaffirm and strengthen such decision. Eventually, a legislative compromise was struck resulting in the passage of a statute commonly referred to as the Robinson Act. The declared purpose of this legislation was: "not to weaken or strengthen the Williamson Act but simply to clarify and make the law workable in light of problems and ambiguities created by the Supreme Court decision in the case of Sierra Club vs. City of Hayward." Among other things, the Robinson Act amended Government Code Section 51282 into the form as it now exists today. A copy of this section is attached hereto. One of the most significant changes was to make the former dual finding (inconsistency and public purpose) into an alternative finding so that a contract could be cancelled on either of the following grounds: (1) That the cancellation is consistent with the purposes of the Act, or (2) That the cancellation is in the public interest. The Robinson Act also codified the Sierra Case to the extent it set forth specific findings required to be made for approval of a cancellation. If the cancellation is based upon consistency with the purposes of the Williamson Act, the Council is required to make the findings listed in paragraph (b) of Section 51282. If the cancellation is based upon public interest, the Council is required to make the findings listed in paragraph (c) of that section. The Robinson Act also attempted to provide some definition of the terms "proximate, non - contracted land" and "suitable" for the proposed use. In order to prevent any possibility of the Supreme Court imposing additional findings beyond those set forth in the statute (as many legislators believed the court had done in the Sierra Case), paragraph (f) was added to declare that the Council was not required to make any other or additional findings beyond those expressly set forth in Section 51282. The Robinson Act was indeed a legislative compromise. Although it adopted some of the findings articulated by the Supreme Court in the Sierra Case, it also established alternative grounds for cancellation and made such cancellation available upon satisfaction of the express statutory requirements. These requirements do not include the rather severe language utilized by the Supreme Court that cancellation would be appropriate only in "extraordinary circumstances;" that cancellation could only be permitted if keeping the land under a Williamson Act Contract was "neither necessary nor desirable;" and that nonrenewal was the "preferred" method of terminating a Williamson Act Contract. On balance, the new legislation made cancellation of Williamson Act Contracts more difficult by reason of the findings required to be made. In order to accommodate persons who had executed Williamson Act Contracts with the understanding and expectancy that such contracts could be cancelled under less restrictive circumstances, the Robinson Act created a brief "window period" during which such contracts could be cancelled upon the making of two relatively simple findings (that the alternative use would not result in discontiguous patterns of urban development, and that the alternative use was consistent with the local general plan). The judicial reaction to this window period was mixed. The window period was declared constitutional by the Fourth District Court of Appeal in Honey Springs Homeowners Association, Inc., vs. Board of Supervisors, 157 Cal.App.3d 1122 (1984), but was declared unconstitutional by the First District Court of Appeal in Lewis vs. City of Hayward, 177 Ca1.App.3d 103 (1986). Nevertheless, these decisions did not interpret or otherwise affect the "normal" cancellation provisions contained in -2- Government Code Section 51282, as amended by the Robinson Act. The window period expired on January 1, 1983, and has no relevance to the application now before the City Council for cancellation of the contract on the Nelson Foundation property. The requirements for such cancellation would be limited exclusively to either of the alternative findings prescribed in Section 51282, without the more restrictive interpretation expressed in the Sierra Case or the more liberalized standards previously available under the Robinson Act window period. I have not seen the photocopy of the Sierra Case which Ms. Alexander furnished to the Councilmembers, but I suspect that a good portion of the language she has highlighted no longer represents the current law. Your decision on this matter should be based upon the statutory language of Section 51282, which supersedes the Sierra Case. ., -3- § 51282. Petition for cancellation of contract; grounds (a) The landowner may petition the board or council for cancel- lation of any contract as to all or any part of the subject land. The board or council may grant tentative approval for cancellation of a contract only if it makes one of the following findings: (1) That the cancellation is consistent with the purposes of this chapter; or (2) That cancellation is in the public interest. (b) For purposes of paragraph (1) of subdivision (a) cancella- tion of a contract shall be consistent with the purposes of this chap- ter only if the board or council makes all of the following findings: (1) That the cancellation is for land on which a notice of nonre- newal has been served pursuant to Section 51245. (2) That cancellation is not likely to result in the removal of ad- jacent lands from agricultural use. (3) That cancellation is for an alternative use which is consist- ent with the applicable provisions of the city or county general plan. (4) That cancellation will not result in discontiguous patterns of urban development. (5) That there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contract - ed land be put, or, that development of the contracted land would pro- vide more contiguous patterns of urban development than develop- ment of proximate noncontracted land. As used in this subdivision "proximate, noncontracted land" means land not restricted by contract pursuant to this chapter, which is sufficiently close to land which is so restricted that it can serve as a practical alternative for the use which is proposed for the restricted land. As used in this subdivision "suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract pursuant to this chapter. Such nonre- stricted land may be. a single parcel or may be a combination of con- tiguous or discontiguous parcels. 575 § 51282 CITIES AND COUNTIES Title 5 - (c) For purposes of paragraph (2) of subdivision (a) cancella- tion of a contract shall be in the public interest only if the council or board makes the following findings: (1) that other public concerns substantially outweigh the objectives of this chapter; and (2) that there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, that development of the contracted land would provide more contiguous patterns of urban development than development of proxi- mate noncontracted land. As used in this subdivision "proximate, noncontracted land" means land not restricted by contract pursuant to this chapter, which is sufficiently close to land which is so restricted that it can serve as a practical alternative for the use which is proposed for the restricted land. As used in this subdivision "suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract pursuant to this chapter. Such nonre- stricted land may be a single parcel or may be a combination of con- tiguous or discontiguous parcels. (d) For purposes of subdivision (a) , the uneconomic character of an existing agricultural use shall not by itself be sufficient reason for cancellation of the contract. The uneconomic character of the ex- isting use may be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. (e) The landowner's petition shall be accompanied by a proposal for a specified alternative use of the land. The proposal for the alter - `' native use shall list those governmental agencies known by the land- owner to have permit authority related to the proposed alternative use, and the provisions and requirements of Section 51283.4 shall be fully applicable thereto. The level of specificity required in a propos- al for a specified alternate use shall be determined by the board or council as that necessary to permit them to make the findings 're- quired. (f) In approving a cancellation pursuant to this section, the board or council shall not be required to make any findings other than or in addition to those expressly set. forth in this section, and, where applicable, in Section 21081 of the Public Resources Code. (Added by Stats.1969, c. 1372, p. 2831, § 33. Amended by St.ats.1978, c. 1120, p. 3430, § 11; Stats.1981, c. 1095, § 2.) Historical Note As added in 1969, the section read: "The landowner may petition the board as to all or any part of the subject land. or council for cancellation of any contract The board or council may approve the 576 �: T� .• _ ,. . ,., �. . . � ,. .. ' �y{. ir. 6".,; �: F���i: �+ 4W\' AH• i�IL�' hM' 64�IIiM�WT����A . +�cvW/���NI���P --��t � �.`.• I.E' a�Y.l��t !.6�. }1�' .. � _, _ y flil _ .� ��n? :,., . N:. in (0919W oo 0&MZ&19Q)(6Z 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Council FROM: Planning Director DATE: December 2, 1987 SUBJECT: Tentative Cancellation of Williamson Act Contract - Florence Nelson Foundation DESCRIPTION In 1971, a Williamson Act Contract to preserve 5.1 acres of agricultural land was entered into between the City of Saratoga and Frank C. Nelson. The property was roughly divided into thirds, consisting of a two -acre apricot orchard, two homes sited in a grouping of mature trees in the center, and a grassy hillside marking the beginning of the Santa Cruz Mountains to the west. The subject request is to cancel the Williamson Act Contract and remove the property from the agricultural preserve in order to subdivide the property and develop nine single- family dwellings. The state law allows the City Council to tentatively cancel a Williamson Act contract if the Council determines that it is within the public interest to do so. The state law defines the cancellation as within the public interest if: 1) other public concerns outweigh the objectives of preserving the agricultural use and 2) if there is no other "proximate" land available and suitable for the proposed development. PUBLIC CONCERNS The General Plan does not have a clear policy with regards to preserving the land in the public interest under an agricultural designation. The goals of the conservation element (CO 2.2 and CO 2.3) state that Williamson Act Contract cancellations shall be discouraged to the maximum extent feasible. However, the General Plan discussion of this area, "B"- Congress Springs- Pierce Road, cites the property "with potential for significant development" and states "the area is unanimous in the desire to assure that any development or redevelopment of sites within the area be only single family detached residential with a density consistent with the surrounding neighborhood." The latter statement implies development of the property was eminent. Memorandum to City Council 12/2/87 Tentative Cancellation of Williamson Act Contract Florence Nelson Foundation One of the most persuasive arguments in favor of cancellation is made through the provisions of the state subdivision map act as it relates to agricultural lands under the Williamson Act. The law states that "land shall be presumed to be in parcels too small to sustain their agricultural use if the land is (1) less than ten acres in size in the case of prime agricultural land or (2) less than 40 acres in size in the case of land which is not prime agricultural land." Although the Williamson Act has protected this two -acre orchard and grounds since 1971, the intent of the state law was to protect agricultural lands from intrusion of urban development in large enough parcels to maintain its agricultural productivity. The subject property is 5.1 acres and therefore presumed to be too small to sustain its agricultural use as defined by the state law. The following table presents some other arguments for and against cancellation of the Williamson Act Contract: Arguments in Favor of Arguments Against Cancellation of the Cancellation of the Williamson Act Contract Williamson Act Contract Proposed development is con- sistent with the objectives of area B of the General Plan (develop single family detached homes) 118 acres of land under Williamson Act contracts will remain in Saratoga after the cancellation Increased property tax base where none exists Only 2 of the 5 acres are in agricultural production Area is too small to be econo- mically feasible for continued agricultural production Agricultural sprays and use of equipment associated with agriculture is incompatible with the surrounding residential land use. 2 General Plan Conservation Element discourages can- cellation of Williamson Act contracts Loss of 5.1 acres of land under Williamson Act Contract Other vacant lands in the area are available for de- velopment of new homes Memorandum to City Council 12/2/87 Tentative Cancellation of Williamson Act Contract Florence Nelson Foundation PROXIMATE LAND AVAILABLE AND SUITABLE FOR DEVELOPMENT The state law requires that in order to cancel a Williamson Act contract, the Council must find that no "proximate" land is available and suitable for the proposed development. The law does not define the "proximate" distance that the land must be in order to be considered a reasonable alternative. Furthermore, the law does not state that the land has to be available for purchase and development; the property owners could be the developers. The following parcels within 800' of the subject site, are currently vacant and therefore, could be presumed to be available and suitable for residential development: Vacant Areas Available For Development APN Location 503 -22 -74 Marion /Paul Road 503 -50 -19 Upper Hill Drive 503 -29 -103 Saratoga Hills Rd. 503 -29 -78 it it to Zone Size in Acres R- 1- 12,500 1.74 R -1- 40,000 2.19 R -1- 40,000 2.12 of 1.78 However, no large single parcels are available for subdivision into nine single family lots. RECOMMENDATION The decision to approve the tentative cancellation of the Williamson Act Land Contract is one of policy. The General Plan supports either decision. In a broad sense, the small size of the subject property does not qualify the land to be considered an agricultural resource under the terms of the state law. If the Council wishes to cancel the contract, it should direct the City Attorney to prepare the necessary resolution. Yu ek Hsia P1 ing Director YH /kc /dsc 3 ME MIM IM 07-FINNUMP&MI! 0 ROOM DEPT PETITION FOR CANCELLATION OF WILLIAMSON ACT CONTRACT TO THE HONORABLE CITY COUNCIL OF THE CITY OF SARATOGA: Pursuant to the California Land Conservation-Act of 1965 (hereafter "Williamson Act "), the undersigned respectfully - represent the following: 1. LAND. The undersigned constitute all of the present owner.s of the land whose legal description is set forth in Exhibit "A" attached to this petition and is hereby incorporated herein by reference. 2. MAP. A map showing the size and location of said lands is set forth on Exhibit "B" attached to this petition and is hereby incorporated herein'by reference. 3. CONTRACT. A Land Conservation Contract has heretofore been entered into between Frank C. Nelson and the City of Saratoga. The Contract was recorded in the Office of the Recorder of Santa Clara County on May 19, 1971, in Book 9381, Page 234; land described in No. 1 is all of that land subject to such Contract. 4. CANCEL CONTRACT,. The undersigned hereby request that the City Council of the City of Saratoga approve cancellation of the Contract as to the land desc:r_-be:d,_ i:n paragraph 1 above. The undersigned represents that such cancellation is in the public interest pursuant to Section 51282(b) of Government Code , by reason of the facts, circumstances and conditions set forth in Exhibit "C" attached to this petition and incorporated herein by reference as though set forth at length. Wherefore, the undersigned hereby request that the above matter be heard and that the Council take action thereon as provided by the Williamson Act. The undersigned do also hereby declare that the above is true and correct. / Executed on ,� ,� A� �. Address: B 9 ivy Telephone: L 39,x- y3;?414 *All future references to state statutes will be to the California Government Code. COR:Pet- 0.01 :wc 74- 0725L0344/001 EXHIBIT "A" LEGAL DESCRIPTION: RECEIVED �; 1!: " - i PLANNING DEFT. Order No. 750425 Page 5 REAL property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: PARCEL ONE: Beginning at the Southeast corner of Lot 74 at the Southeast corner of Lot 74 as said lot is shown on Tract No. 3101, Blue Ridge, said Tract having been recorded in Book 148 of Maps at pages 25, 26, and 27 Official Records of Santa Clara County; thence running down the Westerly line of the aforementioned Lot 74 N. 50 15' 09" W 73.42 feet; N. 190 04' 09" E. 85.70 feet; N. 620 10' 33" E. 81.41 feet to the common corner of Lots 73 and 74 of the aforementioned map; thence running down the Southerly line of Lot 73 N. 870 21' 57" E. 209.24 feet to a point on the Westerly line of Trinity Avenue as shown on the aforementioned map; thence running down the Southwesterly line of said Avenue S. 200 10' 00" E. 28.92 feet; thence on a curve to the left having a central angle of 120 39' 26" a radius of 180 feet and an arc distance of 39.77 feet; thence leave said Trinity Avenue and running S. 420 56' 00" W. 278.09 feet to a point on the Northerly line of Saratoga Hills Road; thence running down said Northerly line N. 580 06' 34" W. 89.03 feet; and thence N. 740 51' 33" W. 67.35 feet to the point of beginning of this description. PARCEL TWO: Beginning at a point in the center line of a private road, along the North- easterly line of that certain 11.32 acre tract described in the Deed from Susuan R. Stevens, et vir, to Bruce Bonny dated October 4, 1912 and recorded in Book 393 of Deeds, page 242, distant thereon North 90 47' 21" West 81.54 feet from the Southeasterly corner of said 11.32 acre tract;othence from said point of beginning along the Northeasterly line of said 11.32 acre tract and the center line of said private roadway the following courses and distances: North 9° 47' 21" West 6.25 feet; North 310 06' 44" West 65.87 feet; North 460 14' 39" West 54.80.feet; North 590 03' West 66.16 feet and North 490 21' 02" West 65.97 feet; thence leaving the center line of said private roadway and continuing First American Title REPORT DATED JUNE 22, 1987 TR-2 Order No. 750425 Page 6 PARCEL TWO: (continued) along the Northeasterly line of said 11.32 acre tract, North 270 45' 03" West 42.92 feet; thence parallel with the center line of said private road and distant Northeasterly 16.00 feet at a right angle therefrom, North 580 06' 34 West 228.27 feet; thence North 740 51' 33" West 67.35 feet; thence leaving said parallel line, North 50 15' 09" West 73.42 feet; thence North 190 04' 09" East 85.70 feet; thence North 620 10' 33" East 81.41 feet; thence North 87° 21' 57" East 209.24 feet; thence South 100 201 East 28.92 feet; thence along the arc of a tangent curve to the left, Southeasterly with a radius of 180.00 feet, through a central angle of 510 25' 53" for an arc distance of 161.28 feet; thence South 710 35' 53" East 77.60 feet; thence Easterly along the arc of a curve to the left with a radius of 480.00 feet, thru a central angle of 190 00' 00' for an arc distance of 159.17 feet; thence North 890 24' 07" East 35.83 feet; thence along the arc of a tangent curve to the right, with a radius of 40.00 feet thru a central angle of 900 111 53" for an arc distance of 62.97 feet; thence South 00 24' 00" East 176.52 feet; thence along the arc of a tangent curve to the right, with a radius of 60.00 feet, thru a central angle of 860 54' 01" for an arc distance of 91.00 feet; thence along the arc of a reverse curve to the left, with a radius of 225.83 feet, thru a central angle of 250 30' 43" for an arc distance of 100.55 feet; thence South 600 59' 24" West 136.87 feet to the Point of Beginning. Excepting therefrom - Beginning at the Southeast corner of Lot 74 at the Southeast corner of Lot 74 as said lot is shown on Tract No. 3101, Blue Ridge, said Tract having been recorded in Book 148 of Maps at pages 25, 26, and 27 Official Records of Santa Clara County; thence running down the Westerly line of the aforementioned Lot 74 N. 50 15' 09" W 73.42 feet; N. 190 04' 09" E. 85.70 feet; N. 620 10' 33" E. 81.41 feet to the common corner of Lots 73 and 74 of t* aforementioned map; thence running down the Southerly line of Lot 73 N. 870 21' 57" E. 209.24 feet to a point on the Westerly line of Trinity Avenue as shown on the aforementioned First American Title Exhibit A, Page 2 fR•1 ' Order No. 750425 Page 7 PARCEL TWO: (continued) map; thence running down the Southwesterly line of said Avenue S. 200 10' 00" E. 28.92 feet; thence on a curve to the left having a central angle of 120 39' 26" a radius of 180 feet and an arc distance of 39.77 feet; thence leave said Trinity Avenue and running S. 420 56' 00" W. 2.78.09 feet to a point on the Northerly line of Saratoga Hills Road; thence running down said Northerly line N. 580 06' 34" W. 89.03 feet; and thence N. 740 51' 33" W. 67.35 feet to the point of beginning of this description. APN: 503- 49 -42, 41 ARB: 503 -49 -15 First American Title f Exhibit A, Page 3 DrFlEf (W QVM C;t I AAA (0,-T 1, (AufOltb4LA ij. ctv =4 AT ESEN-A ESSOR SQ 0 133 AC 36 35 34 33 R 3I t,t 30 23 L4 L2 ±0 Z: 39 LLA > m Of ?9 TRINITY AJENUE 24 2 E2 i t—i �'o� 377 AC 15 .4 16 22 71 20 ?1 27 2s w X -f 1 LU 0 > z 6 0-fD 28 14 17 19 72. 28 :z Lo U, 77 A 24 29 jo xs L? - 2 o ' s ^ w`` 1 34 10 Jf ' ° V ALI EXHIBIT "C" PLANNING DEPT. PROPOSED FACTS AND FINDINGS UNDER THE WILLIAMSON ACT SUPPORTING CANCELLATION* NELSON FOUNDATION PROPERTY A'. Pursuant to Section 51282(a)`(2), cancellation is in the public interest in that: (1) Other public concerns substantially outweigh the objectives of the Williamson Act as applied to this property. In fact, this property no longer even .meets the objectives of the Act, set forth in Section 512.20 and summarized as follows: a) Findings 51220(a), (b) and (c) refer to preservation of agricultural land for the agri- cultural economy of the state and to produce food, to sustaining an agricultural work force by providing housing on the property for agri- cultural laborers and discouraging di.scontiguous urban development which increase the. costs of public services to City residents. This property consists of only 5.1 acres, about 2+ acres of that amount cur,renttl:y.- i:n~ - nonproducing orchard. The cost of preserving the orchard exceeds any costs of agricultural production. Certainly the property is not used nor suitable for housing agricultural laborers, and finally the property is isolated amongst residentially - developed lands and is served by City services. In addition,, the property fails to meet the presumption of agricultural land for preservation pursuant to Section 51222 which sets forth parcel sizes large enough to sustain agricultural use of at least 10 acres in size if prime agricultural land,• or at least 40 acres if not prime. Clearly this property fails to meet either tests. b) Findings 5.1220(d) and (e) speak to preserving agricultural production on lands for open space, land within a scenic highway corridor or wildlife habitat having value, and the necessity of ag,r-icultural contracts to protest the public * The City Council is not required to make findings other than findings (1) and either (2) or (3). §51282(f').. COR:Pet- 00.1:wc 74- 0725LO344/001 -1 interest in agricultural land. Clearly this property does not serve the public interest nor welfare in preservation of agricultural lands since its orchard is not producing commercial crops nor can it do so in an economically- viable manner (See Section 51201(b) defining "agricultural use" as producing an agricultural commodity for commercial purposes). Neither is it defined under the Williamson Act as an open space use, since such land must be within a scenic highway corridor, a wildlife habitat area, a salt pond., a managed wetland area or a submerged area, none of which apply to this land. (See "open space" definition at Section 51201(o)). C) Public concerns include an unoccupied and unprotected parcel of land isolated amidst residential development which attracts trespassers, vandals and loiterers to the area. Development of the property will prevent these intrusions into the neighborhood. There is further a public concern that the land and its nonproducing orchard will decay, attracting vectors and illegal dumping onto the property, which affects the neighborhood. d) The property cannot be ­so- d�,' f.or• _ r•e's d6atial development until the agricultural restrictions are lifted. Such sale is in the public interest since 855 of the proceeds will be distributed by the Nelson Foundation to qualifying charities, foundations and other community organizations in Santa Clara County. (2) There is no proximate noncontracted land which is both available and suitable for the proposed alte'r- native use of this property, a residential subdivi- sion. ( "Proximate, noncontracted land" is defined as land sufficiently close to this site as to be a practical alternative.) A search was made for subdividable lands of the same size as this property or larger within a one -mile radius of the property. There were no noncontracted properties available fitting that description (Telephone Conversation with Kathy Argendeli of Fox and Carskadon Real Estate Brokerage on May 29, 1987). (3) Development of this property would provide more contiguous patterns of urban development than development of other "proximate" noncontracted land, if such land is available, in that this property is COR:Pet- 001:wc 74- 0725LO3.44/001 -2- � i •' entirely surrounded by developed residential subdivisions. (4) There is no other reasonable or comparable agricul- tural use to which the land may be put other than the failing, nonproduc.ing orchard of 2+ acres. The remainder of the property has never been in any agricultural use, nor is it suitable due to its small size and topography. The existing agricultural use is uneconomic for the following reasons: a) Urbanization on all sides of the property makes growing difficult because of dust, noise and irrigation overflows. It is also difficult to protect the property from theft., vandalism and trespass. b) The costs for production of crops on the property has increased substantially over the years. The costs now exceed any sale of product. B. Cancellation is for an alternative use which is consistent with surrounding uses. An application for a General Plan amendment and rezoning for residential use on this property has been filed with the City. The proposed alternative use of the - -5.1 acres is .for single - family residential. It is anticipated that 9 homes will be built on the property. The property is described as two parcels, one parcel backing into a hillside area constituting 1.33 acres; the other a flat area of 3.77 acres. A General Plan amendment from open space /managed resource production. (refers to agricultural use) is required, along with rezoning of the property from A agricultural to residential. The proposed development will be in conformance with the density of development on the surrounding properties. The City of Saratoga is the only known governmental agency having permit authority relating to the above- proposed alternative use. COR:Pet- 001:wc 74- 0725L0344/001 -3-