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HomeMy WebLinkAbout05-03-1995 CITY COUNCIL STAFF REPORTST(!,.. SARATOGA'CITY COUNCIL EXECUTIVE SUMMARY NO. 2? n AGENDA ITEM MEETING DATE: May 3, 1995 CITY MANAGER ORIGINATING DEPT. Office of the City Manager Paula Reeve, Public Services Assistant SUBJECT: An Ordinance Amending Section 9- 25.020 of the City Code Relating to Parking Regulations Applicable to All Highways. RECOMMENDED MOTIONS (S) : Introduce by title only, waiving reading in full. BACKGROUND The amendment to .Section 9- 25.020 of the City Code pertaining to Parking Regulations is necessary because the prohibition against displaying "for sale. ". signs in vehicles on public streets or highways has been ruled unconstitutional in California. This ruling does not apply, however, to Section 15- 35.110 of the City Code prohibiting use of an off - street parking or loading facility in any commercial zoning district for the purpose of advertising a vehicle, property, or services for sale. With the exception of one "for sale" sign placed in a vehicle owned by the occupant of a property, this section also applies to an off- street parking space, driveway, or front yard in any residential zoning district. FISCAL aMPACT: Elimination of the revenue generated by enforcement of City Code Section 9- 25.020(a). FOLLOW UP ACTIONS: Staff will notify the media, the Sheriff's Department and the Community Service Department of the amendment to.the ordinance. Proposed ordinance relating to Parking Regulations on All Highways MOTION AND VOTE 1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM: MEETING DATE: V 3/ 1_ ORIGINATING DEPT.: Commun' Develo men CITY MGR. APPROVAL SUBJECT: HP -22, Heritage Landmark Designation proposal for the Carmichael House located at 14051 Saratoga- Sunnyvale Road. Recommended Motion: Approve the Heritage Landmark Designation by adopting Resolution HP -22. Report Summarv: The subject property is commonly known as the Carmichael House and is located at 14051 Saratoga- Sunnyvale Road. The house was built in 1914 by Neil Carmichael who owned and operated several saw mills and lumber yards in Santa Clara and Santa Cruz Counties. Mr. Carmichael was among those who established the small park at Blaney Plaza. The house is currently owned by Mike and Terri Dahlbeck who are in the process of a complete restoration. After visiting the property, the Heritage Commission considered the Landmark Designation request at their regular April meeting. The Commission unanimously voted to support the Landmark Designation and commended the applicants for their significant preservation efforts. Fiscal Impacts• A bronze plaque is customarily bestowed upon the recipient of a Heritage Landmark Designation at a cost to the City of approximately $75.00. Follow -up Action: None. Conseauences of not Actina on the Recommended Notion: Subject property will not be designated as a Heritage Landmark. Attachments: 1. Excerpt from "Saratoga 's Heritage ". 2. Resolution HP -22. Motion and Vote: (1914) 14051 Saratoga- Sunnyvale Road Neil Carmichael, the original owner of this house, owned saw mills on the west side of the Santa Cruz Mountains and hauled lumber through Saratoga to his planing mill and lumber yard in San Jose. He and his wife, Belle, were community leaders, and he was among those who established the small park at Blaney Plaza. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. P� MEETING DATE: MAY 3, 1995 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITE CITY MGR.: DEPT. HEAD SUBJECT: Landscaping and Lighting Assessment District LLA -1; Preliminary Approval of Engineer's Reports and Adoption of Resolutions of Intention Recommended Motion(s): 1. Move to adopt the Resolution preliminarily approving the Engineer's Report for the reauthorization of the District for FY 95 -96. 2. Move to adopt the Resolution of Intention relating to the reauthorization of the District for FY 95 -96. ` 3. Move to adopt the Resolution preliminarily approving the Engineer's Report for Annexation No. 1995 -1. 4. Move to adopt the Resolution of Intention relating to Annexation No. 1995 -1. 5. Move to adopt the Resolution of Intention relating to the detachment of territory from the District. Report Summary: Attached are the next series of five resolutions the Council must adopt to continue the process of reauthorizing the Landscaping and Lighting Assessment District LLA -1 for FY 95 -96, annexing territory to the District, and detaching certain properties from the District. Briefly, the resolutions are: 1. A Resolution of Preliminary Approval of Engineer's Report ... Fiscal Year 1995 -1996 -.This is the resolution required by Streets & Highways Code Section 22623 which grants preliminary approval of the Engineer's Report for the reauthorization of the existing District for FY 95 -96. Note: The Engineer's Report will be presented at the meeting. 2. A Resolution of Intention to order the levy and collection of assessments ... Fiscal Year 1995 -1996 - This is the resolution required under S &H 22624 which, among other things, fixes the dates and times for the required Public Meeting and Hearing. Those dates are June 7 and 21 respectively. 3. A Resolution of Preliminary Approval of Engineer's Report ... Annexation No. 1995 -1 - This is the resolution required under S &H 22586 which grants preliminary approval of the Engineer's Report for the annexation of certain properties to the District, Annexation No. 1995 -1. Note: The Engineer's Report will be presented at the meeting. 4. A Resolution of Intention to order the annexation of territory ... and the levy and collection of assessments ... Annexation No. 1995 -1 - This is the resolution required under S &H 22587 which, among other things, fixes the dates and times for the required Public Meeting and Hearing on the annexation proposal. Those dates are also June 7 and 21. 5. A Resolution of Intention to undertake proceedings for detachment of territory ... This is the resolution required under S &H 22587 to initiate detachment proceedings to remove certain properties from the existing District which the Council has determined no longer receive benefit from the District. The resolution fixes the date and time for the Public Hearing on the detachment proposal for June 21. Each of the resolutions must be adopted by separate vote at your meeting to continue the parallel processes of reauthorization, annexation and detachment on a schedule consistent with the adoption of the budget for FY 95 -96. Fiscal Impacts: There are no direct fiscal impacts on the City's General Fund from the Landscaping & Lighting Assessment District. All of the costs associated with the District are recovered via the assessments. A summary of the proposed funding of the District for FY 95 -96 will be presented at your meeting as part of the Engineer's Report. Advertising, Noticing and Public Contact: Nothing additional at this time. After your meeting, the Resolutions of Intention will be published and mailed along with a separate notice to those property owners whose properties are subject to an increased assessment or annexation informing them of the upcoming Public Meeting and Hearing. Consequences of Not Acting on the Recommended Motions: This would depend on what resolutions the Council does not adopt. Either the reauthorization, annexation or detachment processes would not move forward. Follow Up Actions: The Resolutions of Intention will be published as required, and mailed with the required notices to certain property owners. Attachments: 1. Resolutions (5). VA RESOLUTION NO. A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1995 -1996 RESOLVED, by the City Council of the City of Saratoga, California as follows: WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 19th day of April, 1995, said Council did adopt its Resolution No. 95 -21, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 1995 - 1996," for the .City of Saratoga Landscaping and Lighting District LLA -1, in said City and did refer the proposed improvements to the Engineer of the City and did therein direct said City Engineer. to prepare and file with the City Clerk of said City a report, in writing, all as therein more particularly described: WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing as called for in said Resolution No. 95 -21 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the assessment district or within any zone thereof, contained in said report, be, and they are hereby preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby preliminarily approved. 3. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 95 -21 and also the .J boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved. 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment district in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 95 -21. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 3rd day of May, 1995 by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk mnrsw\273VesTreApp95.w61 Mayor RESOLUTION NO. A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1995 -1996 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 95 -21, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1995- 1996," for City of Saratoga Landscaping and Lighting District LLA -1, adopted on April 19, 1995, by the City Council of said City, pursuant to the Landscaping and Lighting Act of J 972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 95 -21, which said report has been submitted and preliminarily approved .by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 1995 -1996 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA -1," the exterior boundaries of which are the composite and consolidated areas as more i particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Cleric of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 7th day of June, 1995, at the hour of 8:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a meeting by this Council pursuant to Section 54954.6 of the California Government Code to receive public testimony regarding proposed assessments. 5. .Notice is hereby given that Wednesday, the 21 st day of June, 1995, at the hour of 8:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report. 6. The Cleric of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the. date of hearing specified herein. 7. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 867 -3438. 2 Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 3rd day of May, 1995, by the following vote of the members thereof: AYES: NOES: ABSENT: Attest: City Clerk R mnrsw\2 73\res \ordlla.w61 3 Mayor Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof; providing.for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and.other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. mnrew \373 \re9 \6XA- LLA.95 Supplement to Exhibit A City of Saratoga Landscaping and Lighting Assessment District LLA -1 Benefits Provided - Within Each Zone Zone 1 - (Manor Drive Landscape District) - Provides for landscape maintenance of the Manor Drive medians and Saratoga - Sunnyvale Road frontage along Tract 3822. Zone 2 - (Fredericksburg Landscape District) - Provides for landscape 'maintenance along the Cox Avenue frontage of Tracts 3777, 4041, and 4042.:. Zone 3 - (Greenbriar Landscape District) - Provides for landscape maintenance of the Seagull Way entrance to Tract 4628, 4725 and 4726, and of the common areas along Goleta Avenue and Guava Court. Zone 4 - (Quito Lighting District) - Provides for streetlighting in the E1 Quito Park residential neighborhoods; Tracts 669, 708, 748, 6785, 7833, and 8700. Zone 5 - ( Azule Lighting District) - Provides for streetlighting in the Azule Crossing residential neighborhoods: Tracts 184, 485, 787, 1111 and 1800. Zone 6 - (Sarahills Lighting District) - Provides for streetlighting in the Sarahills residential neighborhood; Tracts 3392 and 3439. Zone 7 - (Village Residential Lighting District) - Provides for streetlighting in four separate residential neighborhoods surrounding Saratoga Village. Includes all or a portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2, McCartysville, Saratoga Park, Williams and Tracts 270, 336, 416, 2399, 2502, 4477, 5350, 5377, 5503, 5676, 6419 and 6731. Zone 9 - (McCartysville Landscape District) - Provides for landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tract 5944. Zone 10 - (Tricia Woods Landscape District) - Provides for landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tracts 6199, 7495 and 7928. Shared with Zones 14 and 18. Zone 11 - (Arroyo de Saratoga Landscape District) - Provides for landscape maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835, 2844, 3036 and 4344. Supplement to Exhibit A Landscaping and Lighting Assessment District LLA -1 Benefits Provided Within Each Zone Page 2 Zone 12 - ( Leutar Court Landscape District) - Provides for landscape maintenance of the Leutar Court frontage in Tract 6996. Zone 13 - (Cabernet Landscape District) - Provides for periodic landscape' maintenance and improvements along the Obrad Drive entrance and the San Palo Court border areas adjacent to Tract 7655. Zone 14 - (Cunningham Place Landscape District) - See Zone 10. Zone 15 - (Bonnet Way Landscape District) - Provides for monthly landscape maintenance along Bonnet Way; Tract 5462. Zone 16 - (Beauchamps Landscape District) - Provides for landscaping and lighting of the Prospect Road entrance to the Beauchamps subdivision; Tract 7763. Zone 17 - (Sunland Park Landscape District) - Provides for semi- annual landscape maintenance along the Quito Road frontage of Tracts 976 and 977. Additional landscape and streetscape improvements are proposed to be installed in FY 95 -96. Zone 18 - (Glasgow Court Landscape District) - See Zone 10. Zone 22 - (Prides Crossing Landscape District) - Provides for periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Titus Avenue and along Cox Avenue between the Route 85 overcrossing and Saratoga Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938 and 1996). Zone 24 - (Village Commercial Landscape and Lighting District) - Provides for routine maintenance of Village Parking Districts 1 -4, Big Basin Way landscaping and street lighting. RESOLUTION NO. A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1, ANNEXATION NO. 1995 -1 FISCAL YEAR 1995 -1996 RESOLVED, by the City Council of the City of Saratoga, California as follows: WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 19th day of April, 1995, said Council did adopt its Resolution No. 95 -22, "A Resolution Determining To Undertake Proceedings for The Annexation of Territory To an Existing Assessment District Known As City of Saratoga Landscaping and Lighting District LLA -1 pursuant to The Landscaping and Lighting Act of 1972 - Annexation No. 1995 -1" for the City of Saratoga Landscaping and Lighting District LLA -1, in said City and did refer the proposed improvements to the Engineer of the City and did therein direct said City Engineer to prepare and file with the City Clerk of said City a report, in writing, all as therein more particularly described: WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing as called for in said Resolution No. 95 -22 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the territory proposed for annexation, contained in said report, be, and they are hereby preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby preliminarily approved. w 3. That the diagram showing the exterior boundaries of the territory proposed for annexation referred to and described in said Resolution No. 95 -22 and the lines and dimensions of each lot or parcel of land within said territory as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each.of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved. 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said territory proposed for annexation in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 95 -22. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 3rd day of May, 1995 by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Cleric mnrw\2 73\res \engrpt95.w61 Mayor RESOLUTION NO. A RESOLUTION OF INTENTION TO ORDER THE ANNEXATION OF TERRITORY TO AN EXISTING ASSESSMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SAID TERRITORY PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION NO. 1995 -1 FISCAL YEAR 1995 -1996 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution 95 -22, "A Resolution Determining to Undertake Proceedings for the Annexation of Territory to an Existing Assessment' District Known As "City of Saratoga Landscaping and Lighting District LLA -1 ", Pursuant To The Landscaping And Lighting Act of 1972 - Annexation No. 1995 -1" adopted on April 19, 1995, by the Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the City Clerk of this City the written report called for under said Act and by said Resolution No. 95 -22, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the annexation of territory to an existing assessment district and the levy and collection of assessments therein pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the acquisition of improvements, more particularly described in Exhibit "A' hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, are to be made chargeable upon the areas proposed to be annexed to an existing assessment district designated as "City of Saratoga Landscaping and Lighting District LLA -1 Annexation 1995-1", the exterior boundaries of which are the composite and consolidated areas as more particularly described on a map thereof on file in the office of the City Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed annexation and areas to be assessed and of any zone thereof and the general location of said areas. 3. Said Engineer's Report prepared by the Engineer, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the areas proposed to be annexed herein and any zones thereof, and the proposed assessments upon assessable lots and parcels of land within said areas. 4. Notice is hereby given that Wednesday, the 7th day of June, 1995, at the hour of 8:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a meeting by this Council pursuant to Section 54954.6 of the California Government Code to receive public testimony regarding proposed assessments. 5. Notice is hereby given that Wednesday, the 21 st day of June, 1995 at the hour of 8:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the annexation of territory to an existing assessment district and the levy and on of the proposed assessment and when and where it will consider and determine whether the owners of a majority of the area of the property to be assessed in each area proposed to be annexed herein have, at or before the conclusion of said hearing, filed written protests against the acquisition of said improvements, the boundaries of the area proposed to be annexed herein and any zone therein, the proposed diagram or the proposed assessment, the Engineer's estimate of cost thereof, and when and where it will consider and finally act upon the Engineer's Report. 6. The Cleric of said City be, and is hereby, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, said publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 7. Said Cleric is hereby further directed to mail or cause to be mailed a copy of this Resolution by first class mail, postage prepaid, to all persons owning real property in the areas proposed to be annexed and assessed herein, whose names and addresses appear on the last equalized County assessment roll or, where applicable, on the State Board of Equalization assessment roll, said mailing to be had and completed 2 at least fifteen (15) days prior to the date of said hearing. 8. The Office of the City Engineer be, and is hereby designated as the department to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall; .13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 867 -3438. 3 i i t i Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 3rd day of May, 1995, by the following vote of the members thereof: AYES: NOES: ABSENT: Attest: City Clerk mnrsw\273\resVntnt1la.w61 3 Mayor Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. mnrew \373 \ree \MA- LLA.95 Supplement to Exhibit A City of Saratoga Landscaping and Lighting Assessment District LLA -1 Annexation No. 1995 -1 Benefits Provided Within Each Zone Zone 3 - (Greenbriar Landscape District) - Provides for landscape maintenance of the Seagull Way entrance to Tract 4628, 4725 and 4726, and of the common areas along Goleta Avenue and Guava Court. Zone 5 - ( Azule Lighting District) - Provides for streetlighting in the Azule Crossing residential neighborhoods: Tracts 184, 485, 787, 1111 and 1800. Zone 22 - (Prides Crossing Landscape District) - Provides for periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Titus Avenue and along Cox Avenue between the Route 85 overcrossing and Saratoga Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938 and 1996). RESOLUTION NO. A RESOLUTION OF INTENTION TO UNDERTAKE PROCEEDINGS FOR DETACHMENT OF TERRITORY FROM AN EXISTING ASSESSMENT DISTRICT KNOWN AS "CITY OF SARATOGA LANDSCAPE AND LIGHTING ASSESSMENT LLA -1," PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, that certain territory described on the map attached hereto as Exhibit "A", is part of Landscaping and Lighting Assessment District LLA -1, pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer, upon review of the LLA -1, has recommended to this Council that said territory be detached from Landscaping and Lighting Assessment District LLA -1, due to said territory no longer receiving substantial benefit from said District; and WHEREAS, this Council desires to undertake detachment proceedings for the detachment of the aforedescribed territory from said District. NOW, THEREFORE, it is hereby ordered as follows: 1. On Wednesday, the 21 st day of June, 1995, at the hour of 8:00 o'clock p.m., the City Council will conduct a public hearing on the detachment of certain territory as described on the map attached hereto as Exhibit "A ", from the aforedescribed Assessment District. The hearing will be held at the meeting place of the City Council at 13777 Fruitvale Avenue, Saratoga, California. 2. The City Clerk is authorized and directed to give the Notice of Hearing required by the Landscaping and Lighting Act of 1972. 1 Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 3rd day of May, 1995, by the following vote of the members thereof: AYES: NOES: ABSENT: Mayor Attest: City Clerk April 26, 1995 mnrsw\273\res\Intent2.w61 SARArT�OGA CITY COUNCIL EXECUTIVE SUMMARY NO. aS'f( AGENDA ITEM: _ MEETING DATE: May 3., 1995 CITY MGR: ORIGINATING DEPT.: Community Development Vt/ SUBJECT: Tentative Cancellation of Williamson Act Contract, Nelson Gardens Property, 5.1 acres located at 20851 Saratoga Hills Road Recommended Motion: If the City 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, the Council should direct the City Attorney to prepare the necessary resolution. Report Summary: The Community Foundation of Santa Clara County (property owner) has petitioned for the Tentative Cancellation of the Williamson Act Contract on the Nelson Gardens property located at 20851 Saratoga Hills Road. On November 21, 1994, a Memorandum of Understanding was entered into between the property owner and the C_-ty of Saratoga. The MOU provided for the completion and processing of a series c wryi , i.:.:,,zs relating to possible development of the property. ' The MOU specifically states that execution of this MOU by City does not obligate City, the City Council, the City Planning Commission or any department, agency, employee or instrumentality of the City to enact the ordinances, adopt resolutions or grant (any) entitlement...." The first procedural step in reviewing any development application is to approve a Tentative Cancellation of the Williamson Act Contract presently in effect on the property. If the Tentative Cancellation is approved by the City Council, applications for a General Plan Amendment, Zone Change and Tentative Subdivision for 9 lots will be reviewed by City staff with public hearings by the Planning Commission and City Council to follow. State Government Code Beginning with Section 51280, the Government Code allows the City Council to tentatively cancel a Williamson Act Contract if the Council determines that specific findings can be made to do so. Attached is a memorandum from the City Attorney explaining in detail the justification for which the City Council can approve the Tentative Cancellation. If the City Council can make the findings as described in the memorandum, a resolution should be prepared. Environmental Determination: A Negative Declaration has been prepared (dated March 16, 1995) finding that no significant, adverse environmental impact will result from the "proposed project." In this case, the project consists only of the The Community Foundation of Santa Clara County Tentative Cancellation of Williamson Act Contract City Council Hearing May 3, 1995 Page 2 consideration of the cancellation of the Williamson Act Contract. The cancellation (i.e. the project) 'only affects the tax status of the site and does not, in of itself, approve any development of the site. If the Tentative Cancellation is approved, any future consideration of a development project (e.g. General Plan Amendment, Zone Change, Subdivision, etc.) will require further environmental study to determine if any potential impacts will result from development of the site. A copy of the Initial Study checklist and Negative Declaration has been available for public. review in the Community Development Department. A copy is also available for review at the reception counter in City Hall. Fiscal Impacts• None as a result of the Tentative Cancellation of the Williamson Act Contract. Advertising, Noticing and Public Contact: A notice of the City Council meeting was published in the Saratoga News and a notice was mailed to all Williamson Act Contract property owners in the City as well as to the State Director of Land Conservation. Consequences of Not Acting on the Recommended Motion: If the Tentative Cancellation is not approved, the land will remain as a Williamson Act Contract property until the contract expires. At that time, the property automatically is canceled and is subject to development regulations in effect. Follow Up Actions: If the Tentative Cancellation is approved, a Resolution will be prepared and placed on the next City Council agenda for adoption. Attachments: 1. Memorandum from City Attorney, dated April 27, 1995. 2. Letter from Virginia Fanelli, dated April 6, 1995 (includes Exhibits "A ", "B" and "C" as part of the property owner's petition for cancellation. 3. Letter from Robin Kennedy (representing The Friends of the Nelson Garden Foundation), dated April 27, 1995. 4. Petition for Cancellation of Williamson Act Contract. 5. Negative Declaration, dated March 16, 1995. 6. Letter from Ann and Rick Waltonsmith, dated March 25, 1995. 7. Letter from Robin Kennedy (representing the Friends of the Nelson Garden Foundation), dated March 30, 1995. 8. Letter from W.B. Alexander, dated March 30, 1995. 9. Letter from Donald S. Macrae, dated March 30, 1995. 10. Letter from Francis Stutzman, M.D., (undated). APR -27 -95 THU 17:49 MICHAEL R. NAVE STEVEN R. MEYERS ELIZASETfI M. $ILVER MICMAEL,S. RIBACK KENNETH'A. WI1.SQ4 CLIFFORD F. CAM?nELL MICHAEL F. RODRIQUEZ KATHLEEN FAUbION, AICP WENOY A. ROBERTS DAVID W. SKINNER STEVEN T. MATTAS MIUK W. JARVIS VEAONICA A. r. NEBB OF COUNSEL ANDREA d. SALILMAN MEYERS, NAVE, RMACK, SILVER & WILSON A PROFESSIONAL LAW CORPORA110N GATEWAY PLAZA 777 DAVIS STREET, SUITE 300 SAN LEANDRO, CALIFORNIA 94577 TELEPHONE: (510) 351.4300 FACSIMII,E: '(510) 351.4481 MEMORANDUM TO: City Council City Manager FROM: Michael S, Riback, City Attorney and Kathleen Faubion, Assistant City Attorney RE: Tentative Cancellation of Williamson Act Contract, Nelson Gardens Property DATE: April 27, 1995 P. 02/09 SANTA "A OFFICE 555 FIFTH STREET. SUITE 9A0 SANTA ROSH, CA 9s4at TEUPMONE: (707) 645 -$009 FACSIMILE: 1707) 34i0017 Reply to: San LMnmo The Purpose of this memorandum is to address the legal issues raised in connection with a petition to cancel the Williamson Act contract for the Nelson Gardens property. In particular, questions were raised about a previous notice of non - renewal and about the statutory findings necessary to approve a cancellation. BACKGROUND The property consists of approximately .5. ). acres, including some 2 acres of apricot orchard. The property has been subject to a Land Conservation Contract pursuant to the Williamson Act (Gov. Code Sec. 51200, at =-q.) 1sincc 1971. The current owners of the property now propose to cancel the cont.rart. The owners ultimately propose to subdivide the property into a maximum of ten single family residential lots, however no development application is before the Council at this time. The Williamson Act vvas enacted in 1965 with the stated intent to preserve, agricultural land to maintain the state's agricultural economy, to discourage premature and unnecessary conversion of agricultural lands to urban uses, and to preserve the open ' All statutory references arc to the Government Code unless otherwise noted. APR -27 -95 THU 17:50 TO: FROM: City RE: DATE: PAGE: P. 03/09 City Council, City Manager Michael S. Riback, City Auorney and Kathleen Faubion, Assistant Attorney Tentative Cancellation of Williamson Act Contract, Nelson Gardens Property April 27, 1995 2 space values of agricultural lands. (Sec. 51220, See Attachment 1). The core of the Act is providing tax incentives to owners who agree to keep their land in agriculture or other open space uses. The agreements are formalized in a Land Conservation Contract. The term of the contract is ten years; the contract is automatically extended each year unless terminated through a notice of non- renewal or through cancellation. The notice of non - renewal eliminates die-automatic annual extension, with the result that the contract runs out its term over the following ten years. An owner may filc "for non - renewal at any time and need not provide any justification for the action. Land conservation contracts may be terminated by cancellation as well as by non - renewal. Cancellation results in immediate termination of the contract. However, in contrast to non - renewal, cancellation requires the public agency to justify the cancellation through a series of statutorily required findings. The public agency's action to adopt findings and approve a cancellation is an adjudicative act. (Sierra Club v. City of Ha -a (1981) 171 Cal. Rptr. 619, 623). That is, if the approval were challenged, a court would look to see if the required findings were made and were supported by substantial evidence in light of the whole record. In the subject case, the landowners requested non- renewal on September 16, 1991, 'but have now petitioned for cancellation of the contract. The legal question before the Council, then, is Nvhether substantial evidence is present to support the required cancellation findings. The applicant has submitted a set of proposed facts and findings to support the requested cancellation. (Exhibit C of Fanelli letter dated April 6, 1995). The 1 By letter dated March 30, 1995, the attorney representing the Friends of Nelson Gardens Foundation asked whether the notice of non - renewal was filed with the Director of Conservation and was recorded as required under the current statute. The Act was amended effective January 1, 1990 to require the Director of Conservation to prepare annual reports on non - renewal and cancellation activity. At the same time, the statute was amended to require that notices of non - renewal be filed with the Director, presumably to assist in preparing the annual report. The notice of non - renewal for the subject property was not filed with the Director. The statutory requirement for recordation was not adopted until 1992, and thus was not required when the applicant's notice of non - renewal was filed with the City. APR -27 -95 THU 17 :51 TO: FROM; Citv RE: DATE: PAGE: P. 04/09 City Council, City Manager Michael S. Riback, City Attorney and Kathleen Faubion, Assistant Attorney Tentative Cancellation of Williamson Act Contract, Nelson Gardens Property April 2 7, 1995 3 Council has also received written testimony asserting lack of evidence to make the required findings. If, after considering the information before it, the Council feels it can make the required cancellation findings and can support them with factual evidence, the Council may approve tentative cancellation of the contract. The presence of disagreement or contrary information does not require denial of the cancellation request so long as any approval is supported by substantial evidence. If, on the other hand, the Council does not feel there is substantial evidence to make and support the required findings, the Council should deity the request. NATURE OF THE CANCELIATION FINDING =S The procedures for contract cancellation are outlined beginning in Sec. 51280. The landowner must file a cancellation petition with the City. (Sec. 5128 1. ). A cancellation fee is determined by the County .Assessor (Sec. 51283), environmental review is conducted, and the petition is noticed for public hearing. (Sec. 51284). In order to approve a cancellation request, the City must make either of two major findings, each of which also involvcs subfindings: (Sec. 51282). This complicated array of findings is shown on Attachment 2. As demonstrated in Attachment 2, the major findings supporting cancellation are that the cancellation is consistent with the purposes of the Williamson Act, or, that cancellation is in the public interest. In Its December 14, 1994 petition, the landowners request cancellation based on the public interest finding, which is outlined on Attachment. 2 and su' m'marized below: Cancellation of a contract shall be in the public interest only if the council makes the following findings pursuant to Sec. 5I282(c): I. Other public concerns substantially outweigh the objectives of the Williamsnn Act; and, 2. a. There is no prodmate noncontracted land which is Loth available and suitable for the proposed residential use; or, APR -27 -95 THU 17:51 TO: FROM: City RE: DATE: PAGE: P. 05/09 City Council, City Manager Michael S. Riback, City Attorney and Kathleen Fauhion, Assistant Attorney Tentative Cancellation of Williamson Act Contract, Nelson Gardens Property April 27, 1995 4 b. Development of the contracted land would provide more contiguous patterns of urban development than development of pro.►imatc noncuntracted land. The Sierra (11b case provides useful guidance on the kind of evidence that could support these findings? For example, in dictum, the Court noted that just as the objectives of the Williamson Act implicate statewide interest in agricultural production and economics, "public concerns" for the purposes of the cancellation finding must be broader than simply considering local interests. (Sierra Club, 171 Cal. Rptr_ At 627). The Court also commented on the kinds of interests relevant to cancellation. The Williamson Act interests are reflected in the statutory intent provisions of Sec. 51220. (Attachment 1). They include maintaining the agricultural economy of the state, maintaining food supplies, providing housing for agricultural workers, discouraging premature and unnecessary urbanization that results in discontiguous development and increased costs to provide services, and providing open space value in urban areas. Examples of other countervailing interests include "housing, needed services, environmental protection through developed uses, economic growth or employment...". (Sierra Club 171 Cal.Rptr. at 628). As the Council considers this inatter, information relevant to balancing "other publicc concerns" against the Williamson Act objectives could include the nature, type and duration of agricultural activities on the site and any changes in these features over the past years. Other relevant information could include the size, shape, and topography of the site for agriculture and alternate uses, and could include the relation of the site to the amount and character of surrounding development and any changes in that relation over time. 'The Sierra Club case «►as decided in 1981 when b-Qth of the major findings were necessary for cancellation. In response to the decision, the Legislature clarified its intentions with respect to cancellation by amending the Williamson Act to require one or the other of the major findings, but not both. Thus, the case is somewhat out of date, but it is nevertheless useful for its specific discussions of the individual statutory findings.. APR -27 -95 THU 17:52 TO: FROM: City RE: DATE: PAGE: P. 06/09 City Council, City Manager Michael S. Riback, City Attorney and Kathleen Faubion, Accistant Attorney Tentative Cancellation of Williamson Act Contract, Nelson Gardens Property April 27, 1995 5 In addition to weighing "other public concerns" against the Act, the public interest cancellation also requires the City to assess development opportunities and patterns "proximate" to the contracted property. To this end, the second public interest cancellation finding requires the City to find either that no other suitable land nearby could accommodate the proposed use; ar, that development of the site would provide more contiguous urban. development patterns than development of proximate noncontracted land. For these alternate findings, therefore, relevant information could include specific information on vacant land in the area around the project site and information on whether the site or the other vacant lands are served by public services and improvements. The location of the site with respect to other development, as well as the nature, intensity and e,,ctent of other development'is also relevant to these findings. In determining whether other land available for development is "proximate ", the statute directs the City to consider land which is "sufficiently close [to the site] that it can serve as a practical alternative for the proposed use." (Sec. 51282(c)). This statutory definition vas added as a result of the Sierra Club case; in au.ei7tpting to interpret "proximate" the Court counseled that it should be applied to "effectuate 'the legislative intent and spirit of the act...' (citations) ". (Sierra Cub 171 Cal. Rpt.r. At 630). Thus, it seems reasonable to interpret that to -the .extent that the site is in a developed area, "proximate" may include a lesser area than if the site were in a remote area, because development patterns will be more evident where there is more development. The applicant's proposed findings cite a proximate area of one mile around the site. If the Council adopts 'the proposed cancellation findings, it should attempt to support the findings by explaining as specifically as possible how it has determined what lands are proximate to the site. As a practical matter, many cancellation requests are based on a landowner's perception that agricultural use of the property is uneconomic. Both the statute and the Sierra Club case address this situation, and state that lack of economic productivity alone is not sufficient to support cancellation. Sec. 51282(d) states as follows: 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 existing use may be considered APR -27 -95 THU 17:53 F. 07/09 TO: City Council, City Manager PROM: Michael S. Riback, City Attorney and Kathleen Faubion, Assistant City Attorney RE: Tentative Cancellation of Williamson Act Contract, Nelson Gardens Property DATE: April 27, 1995 PAGE: 6 only if there is no other reasonable or comparable agricultural use to 'which the land may be put. Lack of economic productivity is not among the required findings for cancellation. In fact, the statute makes it clear that -it is not an issue at all unless a finding is made and supported that no other reasonable agriculture use may be made of the property. Relevant information on this issue could include the effects of urban development over the years on the agricultural operations, and could include changes in agricultural costs. In applying this provision of the statute, the Sierra Club court emphasized the need to identify changed circumstances that now cause the existent operation to be uneconomic. (Sierra Club 171 Cal. Rptr. at 631 -32). In the current application, for example, the court would assign little weight to the small size of the property, because the site. "A►as accepted into agricultural preserve at that same size. It is clear from the nature of the required statutory findings that cancellation decisions are highly dependent on the particular facts of a given situation. A decision to approve a cancellation may not, for example, rest on general statements that development often interferes with agriculture... Instead, the findings must be evaluated and considered as they apply to the particular contract_ before the Council. Michael�f� ck City Attorney Kathleen Fauhion, r� Assistant Attorney MSR:dsp Attachments ]]111I�H' 731uiemL)\4pr95 \gaYdens,m,61 APR -27 -95 THU 17;53 § 51220. Legislative findiugs- The Legislature finds: (a) That the preservation of a maximum amount of the limited suHply of agricultural land is necessary to the conservation of the state's economic resources, and is necessary not only to the mainte- nance of the agricultunal economy of the state, but also for the assur- ance of adequate, healthful and nutritious food for future residents of this state and nation. (b) That the agricultural worlc force is vital, to sustaining agri- cultural productivity; that this work force has the lowest average in- come of any occupational group in this state; that there exists a need to house this work force of crisis proportions which rewires includ- ing among agricultural uses the housing of agricultural laborers; and that such use of agricultural Iand is in the public interest and in con- formity with the state's Farmworker Housing Assistance Plan. (e) That the discouragement of premature and unnecessary con- version of agricultural land to urban uses is a matter of public inter- est and will be of benefit to urban dwellers themselves in that it will discourage discontiguous urban development patterns which unneces- sarily increase the costs of community services to community, resi dents. (d) That in a rapidly urbanizing society agricultural lands have a definite public value as open space, and the preservation in agricul- tural production of such lands, the use of which may be limited under the provisions of this chapter,. constitutes an important physical, so- cial, esthetic and economic asset to existing or pending urban or met- ropolitan developments. (e) That land within a scenic highway enrridor or wildlife habi- tat area as defined in this chapter has a value to the state because of its scenic beauty and its location adjacent to or within view of a state scenic highway or because it is of great importance as habitat for Wildlife and contributes to the preservation or enhancement thereof. (f) For these reasons, this chapter is necessary for the promo- tion of the general .welfare and the protection of the public interest in agricultural land. (Added by Stats.1965, c. 1443, p. 3378, S. 1. Amended by Stat3.1968, C. 1138, P. 2155, § 1; St2ts.1969, C. 1473, p. 3024, § 4; Stats.1980, c. 1::19, p. 4131, § I') P. 08/09 ATTACH --� �- APR -27 -95 THU 17:54 FrNDINds REQ=REM=S FQR WILLYAMON ACT CQNTRACT CANCELLATION (Government Code section 51282) To cancel a Williamson Act contraCL, the city must find either: "That cancellation is in the public interest" or "That cancellation is consistent with the purposes of [the Williamson ActIP To find cancellation in the public interest, the City must find (§ 51282(c)): 1. "That other public concerns substantially outweigh the objectives of [the Williamsbn Act ] " and either 2a. "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 2b. "That development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land." To find cancellation consistent with the purposes of the Williamson Act, the City must find (§ 51282(b)): 1. "That cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245" and 2. "That cancellation is not likely to result in the removal of adjacent lands from agricul- tural use n. end 3. "That cancellation is for an alternative use which is consistent with the applicable provisions of the city or county general plan" and 4. "That cancellation will not result in discontiguous patterns of urban development" and either Sa_ "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" 5b. ATTACHMENT.." or "That development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land." 'e FC _ I Fanelli Consulting, Inc. Land Planning/ Property Management/ Real Estate Broker April 6, 1995 Mr. Harry Peacock, City Manager City of Saratoga 13777 Fruitvale Ave., Saratoga, CA 95070 Dear Harry:- o E rl .1LE dUE D APR 1 D 1995 Cri, i ur SAAATOGA CITY'i�NAGER'S OFFICE Enclosed with this letter are Exhibits "A ", I-BOO and "C" which support the request for cancellation of the Williamson Act on the property known as the Nelson Gardens. These are copies of documents submitted in December by Trinity Development. As you must be aware, the Community Foundation and particularly the Foundation attorney, David Mitchell, are extremely upset with being put in a awkward public position for the second time in their dealings with the City on this property. First, they were told that the Development Agreement or MOU could be handled without public involvement and now they have been asked to take responsibility for a protracted public hearing process. Since their primary goal has been to protect the good name of the Foundation while also trying to bring a benefit to the City of Saratoga, they are particularly irritated by this latest problem. It is important that the next hearings are scheduled promptly to get the focus off of the Foundation and also to meet the obligations of the contract with Trinity Development. I am quite sure that if the contract is not fulfilled, the Foundation will simply sell the property to someone who is willing to hold it until the Williamson Act expires, leaving the City without the benefit it now may receive. 10052 Pasadena Avenue, Suite B • Cupertino, CA 95014 • .(408) 996 -8188 • Fax (408) 996 -8261 Therefore, I am requesting on behalf of the Community Foundation that the hearing on the cancellation be scheduled for Wednesday, May 3rd before the City Council with a recommendation for approval.that evening.and that the' - hearings on the General Plan, Zoning and Tentative Map with the Planning Commission begin no later than May 24th. Please confirm this schedule with me at the earliest possible date. And please let me or Trinity Development know if any.additional documents are needed prior to the hearings. very truly yours, virgini Fanelli cc: Peter Hero David Mitchell Jeff Wyatt Ann Marie Burger, Mayor C(62py T H E COMMUNITY F O U N D A T I O N Of Santa Clara County TO THE HONORABLE CITY COUNCIL OF THE CITY OF SARATOGA: Pursuant to the California Land Conservation.. Act of 1985 (hereafter wWllllamson Act"), the undersigned respectfully represent the following: 1. LAND; The undersigned constitute all of the present owners of the land whose legal description Is set forth in Exhibit "A" attached to this petition and Is hereby Incorporated herein by reference. 2. P 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 Paragraph 1 above 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 described In Paragraph 1 above. The undersigned represents that such cancellation is In the public Interest pursuant to California Government Code Section 51282 A-2 (That cancellation Is In the public Interest), by reason of the facts, circumstances and conditions set forth In Exhibit "C° attached to this petition and In- corporated 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 M1 THE COMMUNITY FOUNDATION OF SANTA CLARA COUNTY By. 960 WEST HEDDING. SUITE 220 • SAN JOSE. CALIFORNIA 95126-1215 PHONE (408) 241- 2666'• FAX (408) 452 -4636 .�1 EXHIBIT "A" LEGAL DESCRIPTION: 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 1''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 Zoutherly 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. 69.03 feet; and thence N. 7411 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;/thence 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 leavir:g the center line of said private roadway and continuing First .4merican Tide PARCEL TWO: (continued) along the Northeasterly line of said 11.32 acre tract, North 270 45' 03" Kest 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 870 21' 57" East 209.24 feet; thence South 100 20' 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 11' 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' 07" 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 C1ara.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 th;e aforementioned map; thence running down the Southerly line of Lot 73 N. 670 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 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. 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. APN: 503- 49 -42, 41 ARB: 503 -49 -15 1 First American Title J Exhibit A, Page 3. H H CQ H x X W 11 .111..1 c•111 ••c+ • • 0.-6.11 1 At (SIK -A •SL Ssoot 1 33 AC L� �"/-s4� G4•� ter? 29 \ 1 ` � I ( 1 . I or K@ IW LQcn.fc Allf{ $04 ('11 �A• 11 o.n•11, (AU /040LA C. 503 = Y ' S(AtI i I TI 1. 36 is )4 31 /4 /) l? 1 1 // ip N R7 i' 1! Z1 / W 1 I • .. TRINITY i�i'r�; AVENUE ?9 ?4 1 / a ■ 1i IS a 16 27 F- v 21 ?0 21 27 LLJ W 2S N o , Z U 14 ' 17 19 72 26 Q _ I a tJ 1 Y ' S(AtI EXHIBIT "C" PROPOSED FACTS ACID FINDINGS UNDER THE WILLIAMSON ACT SUPPORTING CANCELLATION 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 51220 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 discontiguous 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 'currently, in 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 51220(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 agricultural contracts to protect the public The City Council is not required to make findings other than findings (1) and either (2) or (3). §51282(f). _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 commerical 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 sold for residential development until the agricultural restrictions are lifted. Such sale is in the public interest since the net proceed will be added to the endowment of The community Foundation, the income of which will be distributed 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 alternative use of this property, a residential subdivision. ( "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. '(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 entirely surrounded by developed residential subdivisions. -2- (4) There is no other reasonable or comparable agricul- tural use to which the land may be put other than the failing, nonproducing 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. -3- 04/27/1995 16:42 4153241775 ROBIN B KENNEDY ESQ P:4GE 02) LAIN' OFFICES OF R O B I N B K E N N E D Y U`!1`.'ERSITV A _kVF. iLf T6 45. • P4,Q IC...h. vdi01 . 4 4.'7'. a f April 27, 1995 Members of the City Council City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Nelson Garden - Proposed Cancellation of Willigmson Act Contract Dear Councilmembers: Please consider this letter as a supplement to my earlier letter to you, dated March 30, 1995_ I was unable at that time to address the required "Findings" by the Applicant for the Williamson Act Cancellation, as'I had been unable to obtain a copy of such findings either from the Applicant or from City Staff. The Applicant has now kindly furnished me with such a copy and I am now prepared, on behalf of my client, Friends of Nelson Garden, to provide our response to these Findings. Proposed Findings A(1)(a) and (b): `Pursuant to Section 51282(a)(2), cancellation is in the public interest in that 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." Response to Proposed Findings A(1)(a) and (_b): (a) The Legislative Findings of the Williamson Act include "(c) That the discouragement of premature and unnecessary conversion of agricultural land to urban users is a matter of public interest and will be of benefit to urban dwellers themselves ... (d) That in a rapidly urbanizing society agricultural lands have a definite public value as open space, and the preservation in agricultural production of such lands, the use of which may be limited under the provisions of this chapter, constitutes an important - physical, social, esthetic and economic asset to existing or pending urban or metropolitan developments ... (f) ... [T]his chapter is necessary for the 04/27/1995 16:42 4153241775 ROBIN n KENNEDI` ES& PAGE 03 Member of the Saratoga City Council April 27, 1995 Page 2 promotion of the general welfare and the protection of the public interest in agricultural land_" 1 The Act's definition of "Agricultural Land" is "land planted with fruit - or nut- bearing trees ... which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre. "'' The burden is on the Applicant to demonstrate that the Nelson Garden, if cultivated, irrigated and harvested in an agriculturally and economically prudent fashion, would not yield at least $200 per acre per year. The Applicant cannot be permitted to profit from its neglect of the Garden and the philanthropic purposes for which it was given -- i.e., "to preserve a portion of this once great fruit- growing region ... "9 (b) The Williamson Act lists specific findings as conditions precedent to a city council's decision to cancel a Williamson Act Contract. These are very specific, and do not include whether the property still meets the purposes of the Act. That is, this City Council cannot base a decision to cancel the Williamson Act Contract on the Nelson Garden even if it were to find that the property no longer meets the purposes of the Act. Proposed Finding A(1)(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... " Resvonse to Proposed Finding A(1)((c): (a) Once again, the Applicant cannot be allowed to benefit from its own acts or omissions -- in this case, its neglect of the property. The Nature Conservancy, a predecessor -in- interest to the Community Foundation, assigned its ownership of the Garden to the California State Parks Foundation on the basis of the following understanding: The Conservancy is pleased to be able to transfer this property to the Foundation as clearly your organization will best be able to manage ' Gov't Code § 51220. E . Gov't Code § 51201 (b)(4), s California State Parks Foundation brochure entitled "A Link With the Past." 64/27/1995 16:42 4153241779 RUEIN B KENNED',` ESQ PAGE 04 Member of the Saratoga City Council April 27, 1995 Page 3 the area in a manner that both protects and enhances the natural beauty while allowing the citizens of the Santa Clara Valley and the entire State to benefit from its use .4 It was clearly not the intent of any of the predecessors -in- interest to the Community Foundation that the Garden would be closed to the public, fenced and left completed unmanaged and unsupervised. (b) Again, the Williamson Act lists specific findings as conditions precedent for a city council's decision to cancel a Williamson Act Contract. These are very specific, and do not include whether the land is attracting trespassers, vandals and loiterers. Proposed Finding.(A)(1)(d): A sale [for residential development] "is in the public interest since the net proceed (sic) will be added to the endowment of The Community Foundation, the income of which will be distributed to qualifying charities, foundations and other community organizations in Santa Clara County." Response to Proposed Finding A(1) (d): (a) The Applicant suggests that the City Council allow the destination of the proceeds from the development of a project constructed on a parcel for. which a Williamson Act Contract is cancelled to become the determinant of the "public benefit" finding. On the basis of that logic, the 501(c)(3) owner of any contracted land would have an incentive to develop its property to yield a maximum profit, regardless of the public benefit of the development itself. For example, Stanford University could petition Santa Clara County to cancel the Williamson Act Contract on its entire Jasper Ridge Biological Preserve to construct a highly profitable commercial or high- density residential development, on the grounds that the proceeds of the sale of the land would be destined for the University's research and educational purposes. It is the plain intent of the Williamson Act that the "public benefit" run with the land -- not with the dollars harvested from its sale. P Darned Finding (-A)(2): "Pursuant to Section 51282(a)(2), cancellation is in the public interest in that there is no proximate noncontracted land which is both available and suitable for the proposed alternative use of this property, a residential subdivision." •1 October 14; 1977 letter from Henry P. Little to William Penn Mott, Jr. 04/27/1995 16:42 4153241779 ROBIN E KENNEUY ESQ PAGE 05 Member of the Saratoga City Council April 27, 1995 Page 4 Response to Proposed FindingA)(2): (a) The Applicant states that a search was made for subdividable lands of the same size as this property or larger within a one -mile radius of the property. As I stated in my March 30 letter: The Council must make an "explicit finding'6 regarding whether any other proximate parcel or parcels are suitable for the development of the ten proposed single family home sites. "The Williamson Act allows the local agency to consider alternative uses of the restricted land only if it first determines that suitable nonrestricted sites are available... Note that the requirement for proximity is not to be construed to unreasonable limit the search for suitable noncontracted land; "proximate" property means property close enough to the restricted parcel to serve as a practical alternative for the proposed use." 6 (Emphasis added.) Note further that "[tlhe size of the proposed development should not be a significant factor in the agency's search for alternative sites." My client requests that the City staff look beyond the one -mile radius of the property to land within the City limits, and consider a collection of non- contracted parcels that are both available and suitable for the proposed single family residential subdivision. Proposed Finding (A)(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 entirely surrounded by developed residential subdivisions." s Sierra, at 858. Note that as of 4:00 p.m. on March 30, 1995 -- the day on which all '-correspondence regarding the hearing is required to be delivered to the City for inclusion in the Council packet -- neither the City, the Community Foundation nor the California Department of Conservation has been able to provide a copy of "Exhibit C" to the Community Foundation's Petition for Cancellation, which exhibit ostensibly describes the facts, circumstances and conditions to demonstrate that such cancellation is in the public interest. On behalf of my client, I object to the inadequacy of information on which W base our objections. 8 Id., at 861. 7 Id. at 862. 64/27/995 16:42 4153241779 ROBIN B KENNEDY ESQ! FA"uE 0o Member of the Saratoga City Council April 27, 1995 Page 5 fees onse to Pro osed Findin g (A)(2): The Applicant cannot have it both ways. Either there is no proximate noncontracted land that is both available and suitable for the proposed residential subdivision, or there is such land available. Only in the latter case can the Applicant logically argue that such alternative site(s) provide less contiguous patterns of urban development than the Nelson Garden: It must then identify those sites and demonstrate their lack of the required contiguity. Proposed Finding (A)(4): "There is no other reasonable or comparable agricultural use to which the land may be put other than the failing, nonproducing orchard of 2+ acres. .. The existing agricultural use is uneconomic ..." " Response to Proposed Finding (A)(4): As stated in my March 30 letter: While the Garden has not in recent years been used for the purposes intended by Mr. Nelson in his gift to TNC, the reason is that the owner of the Garden has elected not to use it for that purpose. The landowner should not be permitted to benefit from its own failure to honor the purposes of the gift." To our knowledge, the Applicant has made no effort to determine whether there is a reasonable or comparable agricultural use to which the land can be put. As but one example, my client and others in the City of Saratoga have long suggested that the property be designated as a public garden. Has the Applicant tested the economic feasibility of such a project? The City Council must be mindful that the Community Foundation acquired the Nelson Garden at zero cost. With the Williamson Act Contract in place, the property 8 With its 1990 Form 990 Federal tax return., the Florence Nelson Foundation provided a :Schedule of Real Property Owner," in which it stated: "'Phis Foundation now owns and maintains real property located in Saratoga, Santa Clara County, State of California, deeded to it by the California State Parke Foundation, a charitable organization, on March 13, 1984, The Foundation maintains the orchard on said premises to preserve for the general public an example of the vanishing apricot orchards as they existed in the early days of the Santa Clara Valley. At the time of harvest, historic types of equipment are used in sun - drying the fruit." In fact, my client informs me that shortly after The Florence Nelson Foundation received the gift of the Garden, it fenced the property and, since that time; the property has not been available to the general public. 54/27/1995 16:42 4153241779 ROBIN B KENNEDY ESQ FA13E 07 Member of the Saratoga City Council April 27, 1995 Page 6 taxes are minimal. How much would the Community Foundation need to earn from the property to render it "economic "? Pro osed Fin '_g 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." Response to Proposed Finding B. Section 51282(b)(3) of the Government Code requires that cancellation be "for an alternative use which is consistent with the applicable provisions of the city ... general plan." In stating that it has fled an application for a General, Plan Amendment, the Applicant admits that the alternative use it proposes -- a nine home single family subdivision -- is not presently consistent with the Saratoga General Plan, The Saratoga General Plan designates the Nelson Garden property as "open space /managed resource production." The Applicant cannot reasonably rely upon this Proposed Finding at this time, as it is clearly inaccurate. Once again and on behalf of my client, I urge this Council to reject the application to cancel the Williamson Act Contract for the Nelson Garden. Sincerely, Robin B. Kennedy cc: The Friends of The Nelson Garden Foundation Nelson Lee, Esq. (Trust for Public 'Lands) David Mitchell, Esq.(Community Foundation) Joanne Spalding, Esq. (Sierra Club) From PHONE No. : 408 9% 6261 Mar. 15 :955 IL r- Ah? P0c^ CfF T ii E C O M M i I N I T Y F O U 1~ D A T I O N Of Santo Clpru C1,014111v TO THE HONORABLE CITY COUNOIL OF THE CITY OF SARATOGA: Pursuant to the California Land Conservation Act of 1885 (hereafter "Williamson Act"), the undersigned respectfully represent the following: 1. LANDo The undersigned constitute all of the prasont owners of the land whose legal description is set forth In Exhibit "A" attached to thle petition and to hereby incorporated herein oy reference. 2. P: A map showing the size and location of sold lands is set forth on Exhibit "8" attached to this petition and Is hereby Incorporated herein by reference. 3. CONTRACT A land Conservation Contract has heretofore been entered Into between Prank 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 8381. Page 234; land described In Paragraph 1 above Is all of that land subject to such Contract. 4. CANCFL CONTRACT: The undersigned hereby request that the City Council of the City of Saratoga approve cancellation of the Contract as to the land described In Paragraph 1 above. The undersigned represents that such cancellation Is In the public Interest pursuant to California Government Code Section $1282 A -2 (That cancellation Is In the public Interest), by reason of the facts, circumstances and conditions sot forth in Exhibit "C" attached to this petition and In- corporated herein by reference as though set forth at length. Wherefore, the underslgned hereby request that the above matter be heard and that the Council take action thereon as provided by the Willie nson Act. The undersigned do also hereby declare that the above is true and correct. EXecuted on THE COMMUNITY FOUNDATION OF SANTA CI.ARA COUNTY r, by: YOU WFS*V 11Finn3N(', 5U1•1't 221) -SAN JO&L, CALIFORNIA 95136 -1315 PF(UNFE (44)x1 241 -2666 • ItAx (408) 452 -4636 DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) PROJECT: Tentative Williamson Act Cancellation FILE NO: GP -94 -003, AZO -94 -002 & SD -94 -005 LOCATION: 20851 Saratoga Hills Rd. Saratoga, CA 95070 The - undersigned, Director of Community Development 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 653 of the City of Saratoga, and based on the City's independent judgment, 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 and Zoning Ordinance designation amendment and subdivision- of the property into• nine (9) residential lots. The subject property is located at 20851 Saratoga Hills Road. NAME AND ADDRESS OF APPLICANT The Community Foundation of Santa Clara County Virginia Fanelli, Agent 960 W. Hedding, Suite 220 San Jose, CA 95126 Phone: (408) 996 -8188 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 t '"'day of qa(A , 1995. Paul L. Curtis Community Development Director forms \ndnelgar Jar J —r- -r. jj ark 47" J o m-3 'Il.i.. 4 1-12.500 R A\ N ZAPPELLI CITY OF SARATOGA _ INITIAL STUDY FOR DETERMINING SIGNIFICANT ENVIRONMENTAL IMPACTS PROJECT: Tentative Williamson Act Cancellation FILE NO: GP -94 7003, AZO -94 -002 & SD -94 -005 LOCATION: 20851 Saratoga Hills Rd. Saratoga, CA 95070 I. BACKGROUND 1. Name of .Proponent : The Community Foundation of Santa Clara County Virginia Fanelli, Agent 2. Address and phone number of Proponent: 960 W. Hedding, Suite 220 San Jose, CA 95126 Phone: (408) 996 -8188 3. Date of Checklist submitted: 3/16/95 4. Agency requiring Checklist: City of Saratoga S. Name of Proposal, if applicable: N/A II. ENVIRONMENTAL IMPACTS YES MAYBE NO 1. Earth. Will the proposal result in: a: Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or over - crowding of the soil? X C. Change in topography or ground surface relief features? f X d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X YES MAYBE NO f. Changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of a lake? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure or similar hazards? X 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X C. Alteration of air movement, moisture or temp- erature, or any change in climate, either locally or regionally? X 3. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements in fresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? X C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water or any water in any water body? X e. Discharge into surface waters, or in any altera- tion of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow or ground waters? X YES MAYBE NO g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water related hazards such as flooding? X j.' Significant changes in the temperature, flow, or chemical content of'surface thermal springs? X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass crops, and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ X d. Reduction in acreage of any agricultural crop? X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish, or insects)? X b. Reduction in the numbers of any unique, rare or endangered species of animals? X C. Introduction of new species of animals into an area or result in a barrier to the migration or movement of animals? X YES MAYBE NO d. Deterioration to existing wildlife or fish habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? + b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glare? 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release o'f hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions. b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an'area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? X X X X X X X X X X X YES MAYBE NO 13.'' Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f.,' Increase in traffic hazardous to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? • f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X X X X X X X X X X X X X YES MAYBE NO 16.1 Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities? a. Power or natural gas? b. Communications system? C. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruc- tion of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. . Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? ►;1 X X X X X X X X X X X X YES MAYBE NO --d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X 21. Mandatory Findings of Sicrnificance: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long -term impacts will endure well into the future) . X C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant). X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X III. DISCUSSION OF ENVIRONMENTAL EVALUATION 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. IV. DETERMINATION: On the basis of this initial evaluation: _X_ I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT. REPORT is required. mayd& 1b, M5 DATE nelgar.eir Fj,-jiATURE---'J March 25, 1995 Ann Marie Burger, Mayor Paul Jacobs, Vice Mayor Gillian Moran, Council Member Karen Tucker, Council Member Donald Wolfe, Council Member City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor and Council Members: This letter is to strongly urge you to not agree to an early cancellation of the Williamson Act Contract on the Nelson Garden Property. The Garden was and continues to be officially designated as an open space for the general public. The issue is not that a private owner wants to develop property which was never designated as open space. This property has a restrection on it to be forever open space and to be open to the public. The City should be urging the Foundation to follow the history of this property. I also believe that the City of Saratoga should be protecting the remaining open spaces for the general public, not helping an organization undermine and reduce those open spaces. Sincerely, Ann and Rick Waltonsmith 21060 Saratoga Hills Rd Saratoga, CA 95070 LAW OFFICES OF R O B IN B K E N N E D Y 301 UNIVERSITY AVENUE • SUITE 480 . PALO ALTO.CA. 94301 . 415 . 324.1226 . FAX . 324- 1779 March 30, 1995 BY HAND DELIVERY Members of the City Council City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Nelson Garden - Proposed Cancellation of Williamson Act Contract Dear Councilmembers: I write on behalf of my client, The Friends of the Nelson Garden Foundation, in connection with the hearing scheduled for Wednesday, April 5, 19951 to consider the proposed cancellation of the Williamson Act Contract on property located at 20851 Saratoga Hills Road, better known as "The Nelson Garden." My client strenuously opposes the proposed cancellation of the Contract which is, as we understand it, the first step in facilitating the effort by the owner of the property, The Community Foundation of Santa Clara County ( "Community Foundation "); to develop the Garden for single family residential parcels —an effort that we. also vigorously oppose. SUMMARY The issue before the City Council with respect to the Petition by Community Foundation to cancel the remaining term of its Williamson Act Contract with the City of Saratoga is whether the public interest that would be served by the development of ten single family home lots constitutes the "most extraordinary circumstances" under the law warranting such cancellation. My client believes that it does not. 1 We object that the hearing was not duly noticed by publication of a notice in a newspaper of general circulation, as is required pursuant to Gov't Code § 51284. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 2 The Community Foundation's efforts to acquire the necessary entitlements to sell the property to a residential real estate developer subvert the intentions of both Frank Nelson's gift of the property to The Nature Conservancy more than twenty years ago and the California Constitutional provision intended to promote the conservation, preservation and continued existence of open space lands. My client intends to use all its resources to prevent the City Council's collusion with the Community Foundation's efforts, which appears to be motivated by the Council's desire to receive, on behalf of the City, "compensation for conversion of open space" that has been promised the City in exchange for the Council's approval of all requisite steps to enable the proposed development. That the specific amount the City will receive is proportionately related to the number of lots whose development it approves2 prompts at least skepticism regarding this Council's ability to act impartially on the Petition. At worst, it raises the question of whether the Members of the City Council have a disabling conflict of interest in ruling on the Petition and the related land use decisions that will inevitably follow. HISTORY The history of the Nelson Garden is well known to you. To summarize it briefly for purposes of providing a context: Between 1971 and 1976, Saratoga resident Frank Nelson began deeding portions of the 5.1 acre parcel to The Nature Conservancy ( "TNC "). On May 19, 1971, Mr. Nelson and the City of Saratoga entered into a Land Conservation Contract by which both parties determined that the highest and best use of the property was for agricultural purposes.3 This is the same contract the cancellation of which is now proposed. TNC's managers at the time felt it was appropriate to be involved in this gift transaction, although the Garden did not contain the kind of ecological values TNC normally identifies in a property, in order to facilitate the ultimate receipt of the property by the California State Parks Foundation'4 2 Paragraph 9, Predevelopment Memorandum of Understanding Regarding Certain Undeveloped Property Located at 20851 Saratoga Hills Road, Saratoga, California, dated November 21, 1994 by and between the City of Saratoga and The Community Development Foundation of Santa Clara County. 3 Recorded as Document Number 401331, in Book 9381, Page 234. 4 March 2, 1995 letter from Steve McCormick, Regional Director, The Nature Conservancy, to The Law Offices of Robin B. Kennedy. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 3 The Nature Conservancy continued to own the Garden until 1977. Mr. Nelson agreed to the transfer of the Garden to the California State Parks Foundation on conditions that (1) he and his sister could continue until their deaths to occupy the houses on the property and (2) "so long as there is no interference with the dedication of the property to public use." Ina letter dated October 14, 1977, Henry P. Little, then Western Regional Director of TNC, informed Frank Nelson that "the conveyance of your lovely Saratoga property has been made to the California State Parks Foundation. You are certainly to be commended for a means of protecting your land both through gifts to the Conservancy and later by working with us to transfer the land to the foundation. Individuals like yourself are the reason the Conservancy and the Foundation can continue to work successfully to protect our valuable natural heritage." In conveying the deed to the California State Parks Foundation, Mr. Little wrote to its President, William Penn Mott, Jr., as follows: The Conservancy is pleased to be able to transfer this property to the Foundation as clearly your organization will best be able to manage the area in a manner that both protects and enhances the natural beauty while allowing the citizens of the Santa Clara Valley and the entire State to benefit from its use.5 (Emphasis added.) The California State Parks Foundation continued to own the Garden until 1984. In a brochure it published during its ownership of the Garden, was a section entitled "A Link With the Past ": There are still a few small islands of fruit trees left in the valley. The Saratoga Nature Center is one. This property has been donated to preserve a portion of this once great fruit - growing region and to serve as an educational center for senior citizens, school children and the general public. Here the care, growing and processing of apricots is demonstrated. The area is of particular interest because there is a small arboretum on the property containing exotic plans and the upper slopes, in natural vegetation, reflect the ecology of the coastal mountains. 5 October 14, 1977 letter from Henry P. Little to William Penn Mott, Jr. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 4 In 1984, under political and budgetary pressures, the Foundation asked the consent of TNC to transfer the Garden to The Florence Nelson Foundation to "allow them to continue the maintenance of the property." On February 27, 1984, The Florence Nelson Foundation• passed a resolution stating, inter alia, that it "will maintain and preserve the Nelson Gardens for charitable purposes consistent with the objectives under which the Nelson Gardens is now maintained. The Foundation will actively seek to obtain all of the necessary permits and approvals to allow more persons and organizations to enjoy the use and beauty of the Nelson Gardens." (Emphasis added.) Pursuant to an Agreement of Merger between The Florence Nelson Foundation and the Community Foundation dated June 21, 1993, the Community Foundation absorbed the corporate identity, existence, purposes, powers, rights and immunities of The Florence Nelson Foundation, and undertook to be subject to the latter's debts, liabilities and trust obligations in the same manner as if The Florence Nelson Foundation had incurred them. . The Community Foundation now proposes to acquire the necessary entitlements from the City of Saratoga to sell the property to a single family home developer, with the net proceeds going to support the Community Foundation's own charitable purposes. While those purposes are entirely commendable, in 1994, only 1.7% of the grants made from board - directed unrestricted and field of interest funds went to environmental purposes.6 THE WILLIAMSON ACT The California Legislature passed the California Land Conservation Act of 1965 (known as the "Williamson Act ") on the basis.of the following findings: (a) That the preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state's economic resources, and is necessary not only to the maintenance of the agricultural economy of the state, but also for the 6 $2,500 to California Student Environmental Action and $3,000 to Wildlife Education & Rehabilitation Center. The Community Foundation of Santa Clara County Annual Report 1994, p. 23. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 5 assurance of adequate, healthful and nutritious food for future residents of this state and nation. (b) That the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest and will be of benefit to urban dwellers themselves in that it will discourage discontiguous urban development patterns which unnecessarily increase the costs of community services to community resident. (c) That in a rapidly urbanizing society agricultural lands have a definite public value as open space, and the preservation in agricultural production of such lands ... constitutes an important physical, social, esthetic and economic asset to existing or pending urban or metropolitan developments.' The Williamson Act empowers local governments to establish agricultural preserves consisting of lands devoted to either'agricultural use, recreational use, open space use or any combination of such uses. As consideration to the landowner for committing his property as an agricultural preserve, the landowner is guaranteed a relatively stable tax base, founded on the value of the land for open space use and not influenced by its development potential. This notion is embodied in Article XIII, Section 8 of the California Constitution, which declares that: To promote the conservation, preservation and continued existence of open space lands, the Legislature may define open space land and shall provide that when this land is enforceably restricted, in a manner specified by the Legislature, to recreation, enjoyment of scenic beauty, use or conservation of natural resources, or production of food or fiber, it shall be valued for property tax purposes only on a basis that is consistent with its restrictions and uses. (Emphasis added.) To ensure that the constitutional requirement of an "enforceable restriction" is met, the Legislature deliberately required a long -term commitment to agriculture or other open space use. If neither party gives timely notice to the other of a contrary intent, the contract automatically renews itself each year, tacking on an additional year to the period of restriction. And although the landowner may terminate his contract at any_ time by giving notice to the 7 1965 Gov't Code § 51220. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 6 contracting government entity, he may not develop the land for the balance of the contractual period of restricted use. On notice of nonrenewal, property taxes gradually return to the level of taxation upon comparable nonrestricted property during the remainder of the term of the restriction.$, 9 The City Clerk informed me, by telephone, that the term of the Williamson Act Contract on the Nelson Garden will expire on December 31, 2000.10 Please clarify, in writing or at your April meeting, the basis for that expiration date. Did the Florence Nelson Foundation give written notice of termination in 1990? My client urges the City Council to allow the Williamson Act Contract on the Garden to expire on -the basis of non - renewal, rather than to approve its early cancellation. The California State Attorney General has found cancellation impermissible "except upon extremely stringent conditions."" CANCELLATION OF WILLIAMSON ACT CONTRACT The California Supreme Court has stated that'it "harbor[s] no doubt that the Legislature intended cancellation to be approved only in the most extraordinary circumstances. "12 (Emphasis added.) The Legislature declared ... that cancellation of Williamson Act contracts is permissible "only when the continued dedication of land under such contracts to agricultural use is neither necessary nor desirable for ,the purposes of [the act.] ... The cancellation provisions were included "As a means of dealing with strictly emergency situations where the public interest no longer dictates that the contract be continued." [Citation omitted.] 8 Rev. & Tax. Code § 426. 9 My client's review of files in the Santa Clara County Tax Assessor's Office indicate that the taxes on the Garden have not increased, despite the apparent filing of a notice of termination by the Foundation in 1990. A search of the County Records reveals that the notice of nonrenewal was not recorded, as is required pursuant to Gov't Code § 51245? Was a copy of the notice of nonrenewal delivered to the Director of Conservation within 30 days after the City's receipt of nonrenewal by the landowner, as is required pursuant to Gov't Code § 51245? 10 Telephone call with Grace Cory, March 28, 1995. 11 62 Ops. Atty. Gen. 233, 240, fn. 6 (1979). 12 Sierra Club u. City of Hayward, 28 Cal. 3d 840, 853, 623 P. 2d 180, 171 Cal. Rptr 619(1981). Saratoga City Council Proposed Cancellation_ of Williamson Act Contract March 30, 1995 Page 7 The issue before the City Council is whether the present circumstances qualify as extraordinary. Fortunately, the Legislature provided reasonably clear guidance on analyzing that question, and the California Supreme Court, in the seminal decision of Sierra Club v. City of Hayward, has provided a model for such analysis. Pursuant to California Government Code § 51282, the landowner of land subject to a Williamson Act Contract may petition the city council for cancellation of any contract as to all or any part of the subject land. (a) ... The 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 the chapter; or (2) That cancellation is in the public interest. (b) For purposes of paragraph (1) of subdivision (a) cancellation of a contract shall be consistent with the purposes of this chapter only if the ... council makes all of the following findings: (1) That the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245. (2) That cancellation is not likely to result in the removal of adjacent lands from agricultural use. (3) That cancellation is for an alternative use which is consistent with the applicable provisions of the city ... 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 contracted land be put, or, that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 8 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 nonrestricted land may be a single parcel or may be a combination of contiguous or discontiguous parcels. (c) For purposes of paragraph (2) of subdivision (a) cancellation of a contract shall be in the public interest only if the council ... 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 proximate non - contracted 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 nonrestricted land may be a single parcel or may be a combination of contiguous 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 existing use may be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 9 (e) The landowner's petition shall be accompanied by a proposal for a specified alternative use of the land ...13 Subdivision (a): Consistency with Purposes of Chapter Is the subdivision of the Garden property for the purposes of single family housing development consistent with the applicable provisions of Saratoga's General Plan? The Predevelopment Memorandum of Understanding Regarding Certain Undeveloped Property Located at 10851 Saratoga Hills Road, Saratoga, California by and between the City of Saratoga and the Community Foundation dated November 21, 1994 ( "MOU ") lists in Paragraph 6 a set of applications that will be required to proceed with the development of the Garden property. One of those listed is the General Plan Amendment. This suggests that as of November 21, 1994, the open space, conservation and/or housing elements of the Saratoga General Plan were not consistent with the proposed development. Please advise me of the City's position as to whether the General Plan is consistent with the purposes of single family housing development on the Garden property. Is there is any proximate noncontracted land which is both available and suitable for single family home development? The Council must make an "explicit finding"14 regarding whether any other proximate parcel or parcels are suitable for the development of the ten proposed single family home sites. "The Williamson Act allows the local agency to consider alternative uses of the restricted land only if it first determines that suitable nonrestricted sites are available. Please furnish a record of the alternative proximate sites that the City considers as such suitable nonrestricted sites. Note that the requirement for proximity is not to be construed to unreasonable limit the search for suitable noncontracted land; "proximate" property means property close enough to the restricted parcel to serve as a practical alternative for the proposed use. "15 (Emphasis added.) Note further that "[t]he size of the 13 Cal. Gov't Code § 51282. 14 , Sierra, at 858. Note that as of 4:00 p.m. on March 30, 1995 -- the day on which all correspondence regarding the hearing is required to be delivered to the City for inclusion in the Council packet -- neither the City, the Community Foundation nor the California Department of Conservation has been able to provide a copy of "Exhibit C" to the Community Foundation's Petition for Cancellation, which exhibit ostensibly describes the facts, circumstances and conditions to demonstrate that such cancellation is in the public interest. On behalf of my client, I object to the inadequacy of information on which to base our objections. 15 Id. , at 861. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 10 proposed development should not be a significant factor in the agency's search for alternative sites. "16 Before the local agency considers the uneconomic quality of the Garden for agricultural usd, it must determine that there is no other reasonable or comparable agricultural use to which the land may be put. While the Garden has not in recent years been used for the purposes intended by Mr. Nelson in his gift to TNC, the reason is that the owner of the Garden has elected not to use it for that purpose. The landowner should not be permitted to benefit from its own failure to honor the purposes of the gift." The use to which my client proposes that the Garden be put is the same use to which the land was put when the agricultural preservation agreement was originally made -- namely, to provide Saratoga with a "Heritage Garden," for the enjoyment of all Saratoga's citizens. Apparently, the only changes that have occurred are the unwillingness of the present owner to commit the land to the use for which its donor intended for it to be put and the land's increased value for development. As the Supreme Court stated in Sierra: [S]urely the Legislature did not intend a particular use to be deemed uneconomic simply because the land would now be more valuable for development than for agricultural use. If the property was included in an agricultural preserve and was bound by a land preservation contract or agreement on the basis of a certain marginal use, that same use cannot later serve as justification for cancellation. The Legislature would not have extended tax benefits to marginally productive land unless it believed such land would serve the purposes of the act. Therefore, the landowner who argues-that his land no longer serves the act's purposes because it is not valuable for agriculture must demonstrate the changed conditions, irrespective of increased development value, that now make his agricultural operation is Id, at 862. 17 With its 1990 Form 990 Federal tax return, the Florence Nelson Foundation provided a "Schedule of Real Property Owner," in which it stated: "This Foundation now owns and maintains real property located in Saratoga, Santa Clara County, State of California, deeded to it by the California State Parks Foundation, a charitable organization, on March 13, 1984. The Foundation maintains the orchard on said premises to preserve for the general public an example of the vanishing apricot orchards as they existed in the early days of the Santa Clara Valley. At the time of harvest, historic types of equipment are used in sun - drying the fruit." In fact, my client informs me that shortly after The Florence Nelson Foundation received the gift of the Garden, it fenced the property and, since that time, the property has not been available to the general public. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 11 unprofitable. Of course, he must also satisfy the above - quoted explicit requirement of showing that no reasonable alternative agricultural uses would render the land economically viable.18 Our high court has held that a Williamson Act contract does not meet the constitutional standard if it can be cancelled solely upon a showing that the land is now more valuable for development. [Citation omitted.] The obvious reason for this conclusion is that a [contractual] restriction to agricultural use, created to control urban development, would have little enforcement value if it could be cancelled whenever development drew near. We are of the opinion that to pass constitutional muster, a restriction ... may not be terminable merely because such - development is desirable or profitable to the landowner. 19 Subdivision (b): Cancellation in the Public Interest The City Council must find that cancellation of the Williamson Act Contract for the Garden is in the public interest. The "public" means the public at large, not just the interests of the local and regional community.20 The Sierra court cited former Government Code § 51223 as evidence of the Legislative intent regarding the nature of the "interests" the Legislature intended local agencies to consider: "the agreements limiting the use of the land to agriculture are in the public interest `insofar as any such agreements tend to maintain the agricultural economy of the state, prevent premature and unnecessary conversation of land from agricultural uses, assist in the preservation of prime agricultural lands, or are otherwise consistent with the purposes of this [act]'. "21 What substantial evidence has the City Council considered to determine that the public's need for ten single family homes with lot sizes ranging from 12.500 to 29,400 square feet substantially outweighs the public's need for open space? Is there demonstrated need for additional single family lot zoning in the Saratoga area? Please provide written evidence of such demonstrated need, either in writing or at the April 5 hearing. 18 Id., at 863. 19 Lewis u. City of Hayward, 177 Cal. App. 3d 103, 113; 222 Cal. Rptr. 781 (1986). 20 Id., 856. 21 Id, at 857. Saratoga City Council Proposed Cancellation of Williamson Act Contract March 30, 1995 Page 12 CONCLUSION In a City that meets less than half the requirement for the state standard for acreage devoted to parks, the razing of a lovely and unique garden whose original owner thought he had done everything legally appropriate to ensure its preservation in perpetuity22, in favor of the development of ten undoubtedly expensive new single family homes, would constitute a travesty of intent, a sound rejection of the past and a betrayal of the confidence of The Nature Conservancy and The California State Parks Foundation, both of which believed they were entrusting the Nelson Garden to safe hands. On behalf of my client, I strongly urge the Council to reject the Petition. Sincerely, C)L :T I)i Robin B. Kennedy cc: The Friends of The Nelson Garden Foundation Nelson Lee, Esq. (Trust for Public Lands) David Mitchell, Esq.(Community Foundation) Joanne Spalding, Esq. (Sierra Club) 22 I am informed that only the absence of a specific deed restriction in the transfer of the Garden from Mr. Nelson to TNC prevents an action by the State Attorney General to remedy a breach of a charitable trust in this matter. Although it is not relevant to the present action before the Council, the present plans also subvert the intent of the donor's gift. W.B. ALEXANDER 0 20760 TRINITY AVENUE ■ SARATOGA, CAUF'ORNIA 95070 -5340 • (408) 867-0670 March 30, 1995 Ms. Karen Tucker, Mayor Ms. Gillian Moran, Councilmember Ms. Ann Marie Burger, Councilmember Mr. Paul Jacobs, Councilmember Mr. Donald Wolfe, Councilmember Re: Tentative Cancellation of Williamson Act for the Nelson Gardens Dear Mayor and Councilmembers: I received notice- last week of the public hearing on the proposed cancellation of the Williamson Act contract on the Nelson Gardens property located at 20851 Saratoga Hills Road. Unfortunately I will be out of town the night of the meeting. I requested a copy of the negative declaration on the proposed cancellation and was informed that the declaration will not be available for inspection prior to Friday, March 31, at 4:00 p.m. This will not allow adequate time to review and respond to the council inasmuch as this letter has to be delivered to the City Cleric by Thursday, March 30, in order for it to be included in the council's packet. I strenuously object to this procedure and would like to draw your attention to the California Administrative Code, Title 14, § 15073 (a) which reads: (a) The lead agency shall .provide a public review period for a proposed negative declaration. The noticed public review period shall be long enough to provide members of the public with sufficient time to respond to the proposed finding before the negative declaration is approved. I also refer you to Sections 15087 and 15200 -15204 addressing EIR and negative declaration process. I have definitely not been provided an adequate review period as outlined in the above - mentioned sections. I ask that you delay this procedure until Saratogans have been provided with sufficient time to review and respond to the negative declaration. Your notice suggests that I may be unable to challenge any issue that I do not raise either at the hearing or in written correspondence. Without knowledge of what the negative declaration contains, I am unable to raise issues which may be of prime importance later. W.B. Alexander letter of March 30, 1995 to Saratoga City Council May I point out that the idea of constructing ten homes on this property which includes approximately two acres or more of steep hillsides which are unsafe for construction certainly demands a full EIR report: The next point I want to address is the cancellation of the Williamson Act contract. The decision by the California Supreme Court in Sierra Club v. City Hayward, 28 Cal. 3d 840, 623 P.2d 180, 171 Cal. Rptr. 619 (198 1) , declared that "the legislature had intended nonrenewal to be the normal method of terminating contracts, and cancellation to be an extraordinary method used only under unforeseen circumstances or in an emergency." The California legislature in response to this decision passed a statute in 1991 which would grant latitude in local land use planning and offer a window open onl y once for easy exit from the Act by certain landowners. That window has now expired. To allow the property owners to have the tax advantages of the Williamson Act for all these years and to allow cancellation now that development is more profitable is contrary to the purposes of the Act as originally proposed by the legislature. The Act provides for nonrenewal. That is the only fair and reasonable action the City should pursue. Allow the contract to run its term. There are many additional reasons why allowing Nelson Gardens to remain in the Williamson Act is the better course at this time. I will enumerate a few of them below, but I respectfully refuse to be limited to what is in this letter. Many of the neighbors of the Nelson Gardens have strongly resisted conversion of this property into large houses with 3 -car garages on small lots. One often reads and hears that we want a city park instead. That is a misconception. What we want there is a demonstration garden for the benefit of our school children and for the eg neral population of Saratoga. In other words, we want exactly what Mr. Frank Nelson originally wanted. Saratogans. like to think of their community as having a rural atmosphere with minimal sidewalks, streetlights and other urban features. A working orchard .fits Saratoga's character far better than large houses with 3 -car garages on small lots. I cannot believe that any responsible geologist would permit building on the upper two to three acres of this parcel. Large houses with 3 -car garages on small lots are all we can expect from housing development at this time, given the market price of the land. I have attached my cost estimates to show that these houses would have to sell for far more than the current selling prices of homes in this neighborhood. A 4,000 square foot house would be offered at about $1,650,000; a 2,500 square foot house would be offered at about $1,175,000. Admittedly, my assumptions may be incorrect, but until I see an unbiased analysis, these are my numbers. (In fact, my "Case 1" analysis rests on the assumption that you would override our zoning ordinances and grant the developer W.B. Alexander letter of March 30, 1995 to Saratoga City Council .2 variances to build such large houses on 12,500 square foot and 14,000 square foot lots.) I would welcome more accurate numbers. It troubles me to think of the developer forced to abandon this project partially completed. If that should happen we have lost a truly lovely piece of Saratoga's heritage and suffered economic damage in the process. The negative impact on this neighborhood and on our local government could be staggering. I urge you to leave the Nelson Gardens property in the Williamson Act and allow the contract to run its term. Sincerely, ...W.B. Alexander letter of March 30, 1995 to Saratoga City Council 3 NELSON.XLS Page 1 A I B C I D E 1 NELSON GARDENS DEVELOPMENT COST ESTIMATES 2 3 CASE NO. 1- 6 4000 FT HOUSES ON 6 LOTS .4 Purchase price of land: $2,000,000 5 Improvements: 1 $200,000 6 Payments required to City Council: $640,000 7 TOTAL COST OF LAND: $2,840,000 8 9 Acres purchased: 1 5.3• 10 Acres disallowed by eolo ist: 2.3 11 Acres required for fire dept. access: 0 12 NET ACRES AVAILABLE FOR LOTS: 3 13 Number of lots: 6 14 Size of average lot: 0.50 15 COST OF AVERAGE LOT: $473,333 16 17 Cost of houses/ ft: $200 18 Square feet per house: 4000 19 BUILDING COST PER HOUSE: $800,000 20 21 COST OF HOUSE AND LOT: $1,273,333 22 SELLER'S MARKETING COST @ 4 %: $50,933 23 SELLER'S GROSS PROFIT BEFORE TAXES 25 %: $331,067 24 SELLING PRICE: $1,655,333 25 26 CASE NO. 2 - 7 2500 FT HOUSES ON 7 LOTS -' 27 Purchase price of land: $2,000,000 28 Improvements: 1 $200,000 29 Payments required to City Council: $640,000 30 TOTAL COST OF LAND: $2,840,000 31 32 Acres purchased: 5.3 33 Acres disallowed by eolo ist: 2.3 34 Acres required for fire dept. access: 0 .36 NET ACRES AVAILABLE FOR LOTS: 3 36 Number of lots: 7 37 Size of average lot: 0.43 38 COST OF AVERAGE LOT: $405,714 39 40 Cost of houses/ ft: $200 41 Square feet per house: 2500 42 BUILDING COST PER HOUSE: $500,000 43 44 COST OF HOUSE AND LOT: $905,714 45 SELLER'S MARKETING COST @ 4 %: $36,229 46 SELLER'S GROSS PROFIT BEFORE TAXES 25 %: $235,486 47 SELLING PRICE: 1 1 $1,177,429 Page 1 Z � � v Donald S. Macrae �so�a !(/i�G /.4/rc soft A e T C4N�r [.Li4T /O/�/ a C�zuC Box 447 Saratoga, CA 95071 (408) 867 -3155 Donald S. Macrae Box 447 Saratoga, CA 95071 (408) 867 -3155 Donald S. Macrae AUG7/fP' Box 447 Saratoga, CA 95071 D (408) 867 -3155 27�. SARATOGA CITY COUNCIL: ion As a friend of the Gaens, I wish to acteprovision which to the proposal to cance l entered into between Frank Nelson and the City of Saratoga on May 19, 1971, and to the proposed sale of this property by the Community Foundation for subdivision development. Logic would appear to require that each member of this decision - making council would have read the final report of the City of Saratoga Nelson Gardens Task Force Ad HoI willmnotedwelDeonmthe 21, 1988,as well as the Williamson Act. specific restrictions and findings of the Williamson act certified by the Court in Sierra Club vs. Hayward, 1981. Our attorney will cover those provisions. My own remarks are directed toward the preservation of the Nelson Gardens, as was the original intent of Frank Nelson began deeding portions of his property to the Nature Conservancy in December of 1971. In an article in the San wise Mercury News on December 2, 1977, he stated, y present (Helen) and I want t canrbe educated inndthed way teat m working development, so people orchard operates. Some people have never seen an apricot orchard." By law, to the best of my knowledge, the original intent for deeding rides along with the land for perpetuity. Sometime later, records of the Nature Conservancy anto indica ed that Frank Nelson was.interested in transferring State Parks and Recreation Department to be preserved as a model Santa of traditional agricultural land use feducationarofVa the y areats use it to provide public agricultural values. The transfer to the California State Parks aFondationcloccurred October 11, 1977, with the provisio n alities of the property. included to protect the natural area qu Despite explicit directions to do so, no reverter clause was executed. The clear intent of the parties involved was evident by two letters, one from Frank Nelson, July the second, dated October 14, 1977, from Nature Conservancy, Henry Little, Western Regional Director resident of atthe Conservancy, to William Penn Mott, Both emphasized the California State Parks Foundation. protection and enhancement of the natural beauty, while allowing the citizens of the Santa Clara Valley and the entire State to benefit from its use. Steve McCormick, director of the California Field Office of the Nature Conservancy, wrote August 10, 1988, "It is clear to me from reading the file that the Conservancy's intention in accepting the property and eventually, conveying it to the State Parks Foundation, was that the land be kept in the condition that existed when Frank-Nelson deeded the land to the Conservancy. Our assumption, in conveying the land to the Foundation, was that the organization would maintain the open space, undeveloped quality of the property." Budgetary problems within the Foundation induced the Foundation to return it to the Nelson Foundation on March 1, 1984. A brochure about the Nelson Gardens put out by the California State Parks Foundation contained the following statement: "A Link With the Past" "There are still a few small islands of fruit trees left in the valley. . The Saratoga Nature Center is one. This property has been donated to preserve a portion'of this once great fruit - growing region and to serve as-an educational center for senior citizens, school children, and the general public. Here the care, growing and processing of apricots is demonstrated. The area is of particular interest because there is a small arboretum on the property containing exotic plants, and-the upper slopes, in natural vegetation, reflect the ecology of the coastal mountains." Frank Nelson at this time was very elderly, in poor health, deemed incompetent, and no longer in control of the destiny of his very. special orchard. The City of Saratoga attempted, unsuccessfully, to acquire the Gardens,' but rather than donate it to the City, the Nelson Foundation gave it to the Santa Clara County Community Foundation. The latter organization has no concerned local representation on its board and appears to be primarily interested in liquidation of the property to enhance their forty million re serve fund. To determine whether or not there was public support in Saratoga for the preservation of Nelson Gardens in the same or similar context as it existed, one must look at this in several perspectives. The General Plan of Saratoga envisioned many small community parks. These were to be areas for the very young, for mothers with children, and for the elderly. Only a few of these materialized, but, those that have,.., proved to be highly successful. We need more of these. Unfortunately, we need not only more of the small parks; we also need more large parks or areas of open space. We, by state standards, should have three acres of park land for each one thousand residents. We have less than one half of that, and where are we going to make up the deficit? A public opinion survey was conducted in 1988 as part of the work of the Ad Hoc Committee.. The results of the survey were clear. The majority of those polled felt that the city should pursue some form of open space preservation, and most of them indicated they would like to see some form of specialty parks -- educational, agricultural, historical - -in Saratoga. A separate poll was taken involving 113 physicians living within Saratoga. Sixty percent favored retaining Nelson Gardens as a park. In 1994, in an effort to once again_determine public support for acquisition of the Nelson Gardens, over 800 signatures were obtained on petitions in a one week effort by a handful of volunteers. One other neglected need is that of a community garden. One such existed at the Odd Fellows Home site for 15 years. It was a focal point for teaching Saratoga students about the cultivation of plants and making them realize that their fruits and vegetables arise from the soil, and not from supermarket shelves. When the volunteer staff who had nurtured this project were forced-out of the Odd Fellows location, they were assured by the City Council that an alternative site would be forthcoming. This has never materialized. The Nelson Gardens would be an ideal location. The final question is - -what is the vision for Saratoga? The current City Council has drafted such a vision. Among the provisions are: 1) Where the natural beauty of the*city and its hillsides is preserved. 2) Where the historic assets are preserved and promoted. 3) Where desirable recreational and leisure opportunities are provided. 4) Where value is placed on an attractive well- maintained and well - planned community. 41 These provisions do indeed reflect desirable goals, =but somehow they do not mesh with the reality of the present situation where the city seems intent on trading one of its few really historic sites for nine more unneeded houses and a ristful of dollars. There appears to be a parallel between this vision and the Republicans' contract with America. High sounding platitudes have been voiced, but many fear there is an underlying intent to destroy the environment and its protective laws that have evolved over the past 20 years. As you look about Saratoga, it appears that every acre of remaining open space is being replaced by large homes on small lots. Our schools are being overcrowded and underfunded. Our athletic and open space requirements are inadequate, so we now have to encroach on school sites; our infrastructure is deteriorating. Still, the Council seems to have but one objective: the sacrifice of existing space, which, once lost, can never be regained. Instead, the city will have more houses, more congestion, more people - -all this, for short term financial gain. Those controlling the destiny of the city are a part of the aging segment of Saratoga. We do, however, have generations behind us who still have the same needs we once had. Why not give them a chance to enjoy at least a few of the beauties of nature that once were ours? The Nelson Gardens is one of our few remaining historic segments. It is small, but it is important. Let us not offer it up as one more sacrifice to so- called progress. I .Ls.F.L. Stutzman, M.D. 15195 Park Drive Saratoga, CA 95070 City Council Minutes 3 May 3, 1995 in favor of the landscaping project and can now move forward. Councilmember Jacobs stated it is good to see homeowners get together and tax themselves to get something done. He commended the homeowners. TUCKER/JACOBS MOVED TO ADOPT THE RESOLUTION PRELIMINARILY APPROVING THE ENGINEERS REPORT FOR THE REAUTHORIZATION OF THE DISTRICT FOR FY 95 -96. PASSED 5 -0. TUCKER/WOLFE MOVED TO ADOPT THE RESOLUTION OF INTENTION RELATING TO THE REAUTHORIZATION OF THE DISTRICT FOR FY 95 -96. PASSED 5 -0. TUCKER/WOLFE MOVED TO ADOPT THE RESOLUTION PRELIMINARILY APPROVING THE ENGINEBR•S REPORT FOR ANNEXATION NO. 1995 -1. PASSED 5 -0. TUCKER/JACOBS MOVED TO ADOPT THE RESOLUTION OF INTENTION RELATING TO ANNEXATION NO. 199S -1. PASSED S -0. TUCKER/JACOBS MOVED TO ADOPT THE RESOLUTION OF INTENTION RELATING TO THE DETACHMENT OF TERRITORY FROM THE DISTRICT. PASSED 5 -0. 5) Resolution relating to Salary Ranges and Base salary of Management Employees Councilmember Moran stated the Council has asked that they be kept up to date on the budget and the financial implications of their actions. She suggested that they ask staff to give Council information on the total payroll cost, including benefit, and the implications on the budget. She stated it is important that this information be passed on to the negotiator before they go into negotiations with non - management employees and would like confirmation that this information was received by the negotiator. MORAN /JACOBS MOVED TO ADOPT A RESOLUTION RELATING TO SALARY RANGES AND BASE SALARY OF MANAGEMENT EMPLOYEE. PASSED 5 -0. MORAN /JACOBS MOVED THAT THE COUNCIL REQUEST FROM STAFF A MEMO TO BE SUBMITTED AT THE MAY 9TH MEETING THAT WOULD GIVE COUNCIL THE FOLLOWING INFORMATION: ESTIMATED PAYROLL COST OF RAISE FOR MANAGEMENT EMPLOYEES, TOTAL COST WITH ASSOCIATED BENEFITS, THE IMPACT FORECASTED ON THE GENERAL FUND BALANCE AND IT'S RELATIONSHIP TO THE RESERVE REQUIREMENT. A COPY OF THIS SHOULD GO THE NEGOTIATOR AND CONFIRMATION THAT IT HAS BEEN RECEIVED. PASSED 5 -0. C. CLAIMS AGAINST THE CITY 1) Claim of Mollard in connection with damage to shimming pool MORAN /JACOBS MOVED TO REJECT THE CLAIM. PASSED 5 -0. 6. PUBLIC HEARINGS - 8 :00 pm. A. Consideration of proposed cancellation of a Williamson Act Contract on property located at 20851 Saratoga Hills Rd. The 5.1 acre property is partially developed. The applicant ultimately proposes to subdivide the property into a mazimum of ten (10) single - family residential lots. The property is located approzimately 1500 ft. west of Saratoga - Sunnyvale Road and is bordered on the north by Trinity Avenue, on the east by Pontiac Avenue, and on the south.by Saratoga Hills Road and Pontiac Avenue. A Negative Declaration has been prepared for the proposed cancellation of the contract. (Applicant, Community Foundation of Santa Clara County) City Manager. Peacock stated additional written communication was received from Ms. Betty Peck, dated May 1, 1995. Planning Director Curtis reviewed the staff report dated May 3, 1995. The public hearing was opened at 8:15 p.m. Mr. David Mitchell, representing the Community Foundation, stated the City Council Minutes 4 May 3, 1995 question is not, whether this property will be used for a public garden as it is not a community garden now and absent the purchase of the property, it will not be a community garden. He stated the question is whether the Williamson Act restrictions will be removed now or removed five years from now. He noted in the event that the five years goes by before there is a cancellation, there will be no payments to the City for the park fund. Mr. Mitchell briefly reviewed the history of the property noting the Community Foundation purchased the property by merger in October 1993. He noted Mr. Nelson's original intent was to preserve the property, that proved impossible and Mr. Nelson knew this. _. The property has passed through two agencies dealing in open space and neither is willing to hold the property in that condition. The property was transferred to the Nelson Foundation without any conditions. In October 1988 Mr. Nelson wrote a letter to the Director of the California State Parks Foundation, expressing.the fact that the property needed to be sold and the proceeds used for charitable purposes. This is what the Community Foundation intends to do.. Ms. Virginia Fanelli, representing the Community Foundation, addressed finding #2 as outlined in the Memo from the City Attorney to the Council dated April 27, 1995. She noted they have looked at a one mile radius from this site and found three one acre sites, outlined in the map presented. She explained why none of these sites are adequate. Mr. Mitchell stated there are a substantial number of fees being paid into the Park Fund for the cancellation of the Williamson Act. In addition to this, the property is isolated and too small for a park. He noted the Community Foundation and the Nelson Foundation have no duty to maintain this property as a garden. Mr. Mitchell stated the Community Foundation's endowment, which this will be added to, provides income which is used for many different charitable uses, both in Saratoga and throughout the County. He stated under Community Foundation policies the income from this property would generate $60,000 to $70,000 a year. He also noted the expense in keeping the property would stop. Mr. Mitchell stated in its present fenced and locked condition the property is doing no one any good. He stated the question is whether the property should remain in its present condition for the next five years or the City receive a substantial sum and the Community Foundation be allowed to add to their endowment fund to be used for charitable purposes. Dr. F.L. Stutzman, 15195 Park Dr., read a prepared statement (undated) which had been presented to the Council in their packets at the April 5th and May 3rd meetings. Ms. Ann Waltonsmith, 21060 Saratoga Hills Road, stated she talked to a representative who deals in preserving open space. She noted this representative had some ideas to preserving this land including. the City buying this property at a bargain price. She noted the City should be careful before moving ahead and losing'an opportunity to save this property. She requested that the City and Community Foundation work together to preserve this. Mr. Don Macrae, stated he has lived in the valley for many years and has watched the valley become congested as well has having pollution and traffic problems. He believes it was Mr. Nelson's vision to preserve this property to meet the needs of the community. He noted that very little of the funds from the Community Foundation are donated to ecology and there were special concessions to allow this property to go under the Williamson Act. Ms. Robin Kennedy, Attorney, representing Friends of the Nelson Gardens, summarized her comments in her letters to the Council dated March 30, 1995 and April 27, 1995. She reviewed her response to the proposed findings, which must be met to cancel the Williamson Act. Ms. Kennedy addressed a court case involving the County of Stanislaus. Mr. Bud Alexander, 20760 Trinity Ave., stated he is on the list to receive communication about this issue, and did not receive a copy of exhibit C. He noted proposed finding A1(c) regarding trespassers etc., he has yet to see a vandal or trespasser. Mr. Alexander stated there is adequate residential in this area and expressed concern about overcrowding the schools if more residential is proposed. Y City Council KinutOs 5 May 3, 1995 Mr. Al Abshire, 19735 Solano Dr., stated the Williamson Act is in place for a good reason and the City should not consider cancelling it. Mr. Mitchell stated a number of the arguments against cancelling the Williamson Act, would have a lot more force if they were not talking about such a short time (5 years) . He noted there was a six year period between the Nelson Foundation's negotiations with the City of Saratoga and the merger of the Nelson Foundation with the Community Foundation. He stated there did not appear to be any attempt to put together a plan to make this into a garden. He noted in the six year period, nothing happened, and there was no logical way to put together a plan to benefit anyone, other than the immediate neighborhood. Mr. Mitchell stated the Community Foundation is obligated to make its endowment work for the entire community. He stated they do not have any obligation to maintain this property in agriculture that is active and open to the public. Mr. Mitchell noted this property is not in the City's open space element of the General Plan, nor is it in the City's development proposal for parks. He reviewed past and present board members who are Saratoga residents and spoke in favor of the cancellation. He noted the funds received from the Community Foundation will be for the public's benefit and will go in the Park Development Fund, which will be used to enhance other open space areas of the City. He noted if the Williamson Act is held for another five years the funds will not be available. The public hearing was closed at 9 p.m. In response to Councilmember Tucker's question, Mr. Riback stated he is not familiar with the Stanislaus court case. Councilmember Wolfe stated the property is surrounded by residential and it is a matter of timing. He believes if the City does not establish the funds for the enhancement of the existing parks they will be missing an opportunity. He addressed Sanborn Park noting there is a Youth Science Institute in this park for the school children. He stated he would like more information on this. He also noted, in response to public's comments, the Bay Area has been declared one of the more pollution free areas in the United States. Councilmember Jacobs believes all the findings required can be made, he noted exhibit C of Ms. Fanelli's letter dated April 6th provides, the minimum of the necessary findings and the remarks made by the applicants provide additional basis for the cancellation. He stated it is not appropriate for the Council to define the findings at this time, but direct staff and legal counsel to provide this. He stated the Council should address the general public policy issues which have been raised. Councilmember Jacobs stated the City does not own this property and does not and never will have the funds to purchase it. He noted Saratoga is a poor city because other government agencies take money from the cities and it does not come back to the cities. He noted so many of the things the Council would like to do they can't because they do not have the money. He added the proponents of the cancellation had approximately 10 years to come up with a plan. He stated for the Council to come up with the money to purchase this property they would have to levy a tax and this would have to be approved by a two thirds vote because it is a special tax. He stated petitions should have been circulated and then put on the ballot if so requested. He noted the Council cannot take the property and cannot afford to buy it even if they wanted to. Councilmember Jacobs addressed a letter from Mr. Frank Nelson dated October 17, 1988 regarding the sale of this property. He noted this property is surrounded by housing, is prime land for housing and cannot be purchased cheaply. Councilmember Jacobs went on to say that all Councilmembers would like more open space and parks, and have been offered $600,000 to put into the Park Development Fund to be used for the existing parks. He added if this land is left in the Williamson Act for another five years, the property is then free to be developed and there will be no funds offered to the City. He agrees the Williamson Act is there for a reason, but believes this is a situation were the Williamson Act serves the public no purpose. Councilmember Jacobs addressed Ms. Kennedy's letter regarding the findings of the California Land Conservation Act and noted the City must make the best of what they can and move `Y City Council Kinutes . 6 May 3, 1995 forward. Regarding the General Plan, Councilmember Jacobs added the Council has, back in October, enunciated and voted on its intent to effectively change the General Plan to permit development on this land. Councilmember Moran believes the important parts of this decision were made several months ago when the Community Foundation proposed the funds to the City. She feels the findings can be made. Councilmember Tucker stated she would like information on Sanborn Park and what they provide. Mayor Burger stated she concurs with the majority of the Council that the findings can be made to cancel the Williamson Act. City Attorney Riback stated if the City Council believes there is substantial evidence to support the findings for the tentative cancellation, the Council should direct the City •Attorney to prepare the appropriate findings to bring back for review. WOLFS /JACOBS MOVED TO REMOVE THE PROPERTY KNOWN AS THE NELSON GARDENS AT 20851 SARATOGA HILLS ROAD FROM THE WILLIAMSON ACT AND DIRECT THE CITY ATTORNEY TO PREPARE THE RESOLUTION FOR THE TENTATIVE CANCELLATION. PASSED 5 -0. S. C. 2) Claim of Wharton in connection with automobile damage sustained on Quito Road. MORAN /TUCKER MOVED TO REJECT THE CLAIM. PASSED 5 -0. 3) Claim of Dondick in connection with Bicycle Accident TUCRER/JACOSS LOVED TO REJECT THE CLAIM BECAUSE OF LATENESS. PASSED 5- 0. 4) Claim of Ressler in connection with Fallen Tres WOLFS /MORAN MOVED TO REJECT THE CLAIM. PASSED 5 -0. 7. OLD BUSINESS A. Landscaping for Highway 85 - Councilmember Tucker (continued from 4/19) City Engineer Perlin stated at the previous meeting staff was directed to obtain the modified landscaping plans, this has been done and they have been available at City Hall. He stated there are a total of 284 trees along the Saratoga portion of the freeway and Caltrans proposes to change the deciduous trees to Redwood trees. Mr. •Perlin reviewed the plan before the Council, noting he is recommending deciduous trees at the right -of -ways. along the Saratoga portion of the freeway for aesthetic reasons. He noted there is room for a variety of trees at the right -of -way. In response to Councilmembers' questions, Mr. Perlin stated homes are further from the road at the overpass sections and there are no plans for landscaping the freeway median. He noted if the City wanted to landscape the Saratoga portion of the median they could do so with permission from Caltrans. He noted the plan is to switch trees one for one. They are not moving or changing the number of trees, but simply changing the species. Ms. Joan Hershkowitz, 19364 Shubert Ct., stated the deciduous trees are not aesthetically pleasing and prefers all evergreens. She stated she would urge the Council to explore the sound absorbing panels for the median if landscaping is considered. She noted several letters have been sent to local politicians to explore federal funds for noise studies. Councilmember Moran asked if 'concerns regarding disease had been identified when planting all one species. Mr. Perlin stated trees can get diseased along the freeway. He also stated the degree to which an evergreen versus a deciduous tree can Historical background for Saratoga's Mayor and Council Members: In 1971, I asked Alan Chadwick if he would come to Saratoga and help us start a garden. He said yes. At that time, we met on the schoolgrounds where we thought the garden could be. He came with his apprentice Gregg Haines. The trustees felt there would be too much vandalism on school property. The late Doug Adams, then a school trustee, went before the city council asking them to support this project. Jerry Smith, mayor, along with the council members, said to find the land we wanted and if they didn't own the land, they would rent it. Alan came to speak to the faculty. The garden was written up as the community outreach program by Saratoga School, on Oak Street, in order to receive funding for the media center. Alan then said that he would come as head gardener. The city took longer than expected in legal procedures involving insurance and contracts with the Odd Fellows (Owners of the land Alan had chosen for the garden) that he became discouraged and sent Gregg Haines to manage the garden when it opened in 1972. Alan returned after a couple of years to live here and manage the garden. He had given a series of lectures at Montalvo and Foothill College which were well- received by the community. He began his work training apprentices and lecturing at the garden, now called the Saratoga Community Garden, a demonstration garden. Seasonal celebrations were held at the Garden. We joined'with the Hakone Gardens in celebrating New Year's. All the apprentices took turns working with Tonso Ishihara in the beautiful Japanese garden. During these years we also became active in the Nelson Gardens. We held a joint farmers market on the Odd Fellows property that we rented for $1.00 a year. Jenny McMichael, a graduate of Stanford now living in Switzerland, and Charles Griffin, now getting his degree in horticulture from Davis, were two of the managers on the Nelson property. They held a spectacular "open house" celebrating the 25th Anniversery of the City of Saratoga. Visiters were able to see a historic working orchard. The field trips to the Saratoga Community Garden grew from one in 1974 to 6,000 children a year in the Garden. I count every day lost when children are not in the garden. I took my Kindergarten class every Monday to this outdoor classroom. After 15 years, the garden merged with the Youth Science Institute, about the time the Odd Fellows had to sell the land. I am asking you to again make available this kind of education for the children of our community. Ilatl Sincerely, a �7 3 �� -� Legal Notices If you need to run a legal notice in Saratoga, the Saratoga News remains the paper of record. Our address is 14375 Saratoga Ave., Suite E2, Saratoga, CA 95070. The deadline for legal notices is 2:00 p.m. Friday for the following Wednesday's publication. If you have questions about deadlines or rates call Stephanie Thompson at 408/298 -8500 or fax your legal ad to 408/271 -3520. Z8 SARATOGA NEWS MARCH 22, 1995 - .Y',1...Ly_J. -. i •. • -- -- - - - - - - -- - - - - -- - - - after March 30, 1995. (Pub CC 3/22) CNS1256942 �, . NOTICE OF PETITION TO a ADMINISTER ESTATE OF KATHARINE W. FLOHR CASE NO.PRI34817 To all heirs, beneficiaries, creditors, contingent creel- ' Itors, and persons who may otherwise be Inter - ested In the will or estate, or both of KATHARINE W. FLOHR, KATHARINE WARD FLOHR. A PETITION has been filed by JANICE LIMING In the Superior Court of California, County of Santa Clara. THE PETITION requests that JANICE. LIMING be appointed as personal representative to adminis- ter to estate of the dece- dent. - THE PETITION requests the decedent's WILL and codicils, if any, be admit. ted to probate. The will antl any codicils are avall- able for examination in the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will al- low the personal repre• sentative to take many actions without obtaining court approval. Before taking certain very Impor. tam actions, however, the Personal representative will be required to give no- tice to Interested persons unless they have walved notice or consented to the proposed action.) The Independent adminls tratldn authority will be granted unless an Inter• ested person files an ob- jection to the petition and shows good cause why the court should not grant the authority. the pe A HEARING on tF .. tlon will be held on April 7, 1995 at 9:00 a.m. In Dept. 10 located at 191 North FIrst St., San Jose, CA 95113. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your ob- jections or file written ob- jections with the court be- fore the hearing. Your ap pearance may be In per- son or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mall a copy to the personal representa. tive appointed by the court within four months from the date of first Is• suance of letters as pro- vided In section 9100 of the California Probate Code. The time for filing claims will not expire De• fore four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person Inter- I ested In the estate, you may file with the court a formal Request for Special Notice of the fil- ing of an Inventory and eppralSal of estate 8S sets or of any petition or account as provided In section 1250 of the California Probate Code. A Request for Special Notice form Is available from the court clerk. Attorney for petitioner. / ROBERT A. FROEHLICH, ESQ. _ 99 Almaden Blvd., Suite 500 San Jose, CA 95113. /s /Robert A. Froehlich/ (Pub SN 3/22,3/29, S 4/5) C NOTICE OF PETITION TO ADMINISTER ESTATE 0 ELIZABETH KEADY EUJ CASE NO.PR134820 To all heirs, beneficiaries creditors, contingent cre Itors, and persons who may otherwise be Inter - ested In the will or estate or both Of ELIZABETH KEADY ELLIS. A PETITION has been fit by WILLIAM C. ELLIS In the Superior Court of California, County of Santa Clara. THE PETITION requests that WILLIAM C. ELLIS be appointed as personal representative to administer the estate of the decedent. THE PETITION requests the decedent's WILL and codicils, If any, be admit- ted to probate. The will and any codicils are avail, able for examination In the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This author. Ily will allow the personal representative to take many actions without oo- talning court approval. Before taking certain very Important actions, how- ever, the personal repre• sentative will be required to give notice to Inter- ested persons unless they have waived notice or consented to the pro• posed action.) The inde. pendent administration authority will be granted . unless an Interested per- son files an objection to the petition and shows good cause why the court should not grant the au. thority. A HEARING on the petition will be held on April 13, 1995 at 9:00 a.m. In Dept. 10 located at 191 North First St., .. . San Jose, CA 95113. ' IF YOU OBJECT to the granting of the petition, Cy should appear at the hearing and state your ob. jectlons or file written ob- jections with the court be- fore the hearing. Your ap- pearance may be In per- son or by your attorney IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mall a copy to the personal representa- tive appointed by the court within four months from the date of first la suance of letters as pro- vlded in section 9100 of the California Probate Code. The time for filing claims will not expire be- fore four months from the hearing date noticed above. YOU MAY EXAMINE the Is kept by the court. If you are a person Inter- ested In the estate, you may file with the court a formal Request for Special Notice of the fiF ng of an Inventory and appraisal of estate as- sets or of any petition or account as provided In S 1250 of the Califomla Probate Code. A Request for Special Notice form Is available from the court clerk. Attorney for petitioner. DANIEL E. HANLEY 1091 Lincoln Ave., San Jose, CA 95125. s /Daniel E. Henley / Pub SN 3/22, 3/29, 4/5) ORDER TO SHOW CAUSE FOR CHANGE OF NAME CASE NO. CV747918 UPERIOR COURT OF ALIFORNIA, COUNTY OF SANTA CLARA , 191 NORTH FIRST STREET, F SAN JOSE, CA 95113 S IN THE MATTER OF THE APPLICATION OF SHIH -YIN LIN. G THE COURT FINDS that Petftlonegs) SHIH -YIN Llh has /have filed a Petition for Change of Name with the clerk of this court for an order changing eel Applicant(s) name from SHIH -YIN LIN to SHINA SHIH -YIN LIN. THE COURT. ORDERS all People Interested In this matter appear before this court to show cause why this application for change of name should not be granted on May 2, 1995. at 9:00 a.m. In Department 10 located at 191 North First Street, San Jose, CA 95113. A COPY of this order to show cause be published once a week for four suc- cessive weeks prior to to day of said hearing 16 SAN JOSE CITY TIMES; e newspaper of general cir- culation printed In the County of Santa Clara. Dated: 3/9/95 /s /LBDoris H. Cordell/ Judge of the Superior Court (Pub SN 3/22, 3/29, 4/5, 4/12) Ci� Notices - v � 0�091 NOTICE OF HEARING BEFORE CITY COUNCIL Notice Is hereby given that to Deputy City Clerk of the Saratoga City Council, State of California, has Set Wednesday. the 5th day of April, 1995, at 8:00 p.m. (or earlier It public hearings are reached be- fore that time on the agenda) In the City Council Chambers at 13777 Frultvale Avenue, Saratoga, California, as the time and place for Public hearings on: Consideration of pro- posed Cancellation of a Williamson Act Contract on property located at 20851 Saratoga Hills Rd. The 5.1 acre property Is partially developed. The applicant ultimately pro- poses to subdivide the property Into a maximum oI ten (SO) single - family resdemlell lots. Th e prop arty 19 located approxE mately 1500 ft. west of SeratorSunnyvale Road and Is bordered on the north by Trinity Avenue, on the east by Pontiac Avenue, and on the south by Saratoga Hills Road and Pontiac Avenue. A Negative Declaration has been prepared for the pro- posed cancellation of the contract. (Applicant, Community Foundation of Santa Clare County) All interested persons may appear and be heard at the above time and )lace. If you challenge he subject projects In burt, you may be limited o raising only those Is• was you or someone Ilse raised at the public tearing described In this Iotice or In written torte• spondence delivered to the City Council at, or prior to, the public hear- ing. In order to be Included In the City Council's Informs tion packets, written com- munications should be filed on or before the Thursday before the meet - Ing. A copy of any mate- rial provided to the City Council on the above hearing(s) Is on file at the Office of the Saratoga City Clerk at 13777 Frultvale Avenue, Saratoga. General questions may b directed to the City Clerk, 867 -3438. /Grace Cory/ Deputy City Clerk (Pub SN 3/22) CC292 NOTICE TO ABATE NUI- SANCE NOTICE IS HEREBY GIVEk THAT ON March 15, ' 1995, the City Council . of the City of Saratoga declared a public nul- sane to exist on to eel es APN 38644038 Saratoga, California (Cox Avenue Railroad Tracks). The conditions constltub Ing such public nuisance and the actions to be taken for abatement thereof are as follows: CondNlon ConeotM Aet10n Accumulation of palm Remove to satisfaction tree clippings and debris of City Manager for more than one week I Upon failure to abate such public nuisance through the corrective so- tlons described herein, the nuisance will be abated by the City of Saratoga and all costs of abatement will be as- sessed against the prop any on which the nui- sance exists and will con- Stllute a special assess• ment upon and against such property until paid, said assessment to be collected at the same time and In the same manner as ordinary mu• nicipal taxes. A copy of the Declaration of nul- sane by the Cl ryb Council is on file In the Office of the Saratoga City Clerk. Any property owner object- ing to the proposed abatement by the city of Saratoga Is hereby noti- fied to attend a meeting of the City Council of the City of Saratoga to be held on April 19, 1995, commencing at 7:30 p.m., at the Saratoga City Hall, 13777 Frutvale Avenue, Saratoga, California, when their objections will be heard and given due consideration. Dated this 16th day of March, 1995. City Manager /City Clerk City of Saratoga CC293 (PUB SN 3/22) NOTICE TO THE PUBLIC The Saratoga City Council, at a regular meeting on March 15, 1995, Introduced the fol- lowing ordinance(s):, 1) Ordinance designating the Warner Hutton House as a Historic Landmark 2) Ordinance approving a Development Agreement between the City of Saratoga and Greenbrier Homes specifying devel- opment requirements for the previously approved 94-lot, single -family real- dential development on the former Paul Masson Winery Site at 13150 Saratoga Ave. These Ordinances will be considered for adoption at the meeting of April 5. Ordinances generally be. come effective 30 days after adoption. The full texts of all Introduced and adopted ordinances are available during regular business hours at the of• flce of the City Clerk, 13777 Frultvale Avenue. Deputy City Clerk CC294 (Pub SN 3/22) described Is 6einpp sold 'as W. The street atldress and other common desionation. it any, Deed any, prior GE SERVICES, 3e ttreet, Stockton, ESE OFFICES s, Agent Aprl15, 1995 Santa Clare County on from the date of first is- 2/24/95. 2/24/95. suance of letters as pro. General 3/2253/298, 3/15, o1 Notices t eeCalifornia Probate tetle. The time for filing NOTICE OF PETITION TO claims will not expire ADMINISTER ESTATE OF fore four months from in BUSINESS DOUGLAS M. ADAMS hearing date noticed above. NAME STATEMENT NAME STATEMENT 1 CASE NO. PR134783 To all heirs, beneficiaries, . YOU MAY EXAMINE the The The following a) 19 creditors, contingent creel- Ole kept by the court. If hors, and persons who - you are a person Inter - (are) doing business as: business 1 & B Enterprises, may otherwise be Inter. ested In the estate, you may Ole with the court a 16330 Matill)a Dr., ested In the will or estate,., or both of DOUGLASS M. formal Request for Los Gatos, CA 95030. Jack Boyd Boyd, ADAMS, AKA, DOUGLAS' Special Notice of the fll• Ing of an Inventory and MURDOCK ADAMS, AND DOUGLAS ADAMS. appraisal of estate as. Los Gatos, A 9 Los Gatos, ss s con- This business Is con- A PETITION has been filed sets or of any petition or account as provided In tluctetl by an Indlvltlual. by MARTIN N. LETTUNICH In the Superior Court of section 1250 of the ReglStrent Degan t0 trans• California, County of California Probate Code. act business under the Santa Clare. A Request for Special Us business name THE PETITION requests Notice form is available or names listed or names listed here In . that MARTIN N. LET - from the court clerk. /S /Ja /s /Jack Boyd/ TUNICH be appointed as Attorney for petitioner: MARTIN N. LETTUNICH This statement was filed with the County Clerk of personal representative to administer the estate. 19100 Cox Ave., Ste. A Saratoga, CA ,,;: Santa Clara: County on- of the decedent. THE PETITION ; 95070 /s /Martln S. Lettunlch/ 2/22 95: ' $N 3/1, 318, 3/15, raQuestsx, the decedent' r WILL and Pub SN 3/19: 3/22, 3/29) 3Pub /22) codicils,'If any, be admit- . ted to probate. The will and any codicils are avlill- NOTICE OF TRANSFER FICTITIOUS BUSINESS able for examination in.., OF PERSONAL PROP NAME STATEMENT the file kept by the cdurlj ' ERTY - #298218 THE PETITION requests PURSUANT TO SECTION The following person(s) Is authority to administer 3440.1 of THE CALIFOR (are) doing business as: the estate under the ':` NIA CIVIL CODE Wet Paint, ' , Independent ' Beneficial Mortgage 410 S. Abbot Ave., Administration of Estates Corporation, a Delaware . Milpitas, CA 95053. Act. (This authority will al- corporation whose princl- James J. Fang, low the personal repro• pal executive office Is 21991 Scenic Heights Wy., Saratoga, CA 95070, sentative to take many - actions without obtaining One Christina Center, 301 North Walnut This buslnese Is con- court approval. Before Street, Wilmington, ducted by en Individual. taking certain very Impor• Delaware 19807, ReglStrent began to trans- tans actions, however, the Intends to sell to a trust, act business under the Personal representative the trustee of which IS fictitious business name will be required to give no- The Chase Manhattan or names listed here In tice t0 Interested persons' :.Bank (National 2/95, unless they have waived Association) whose ad- /s/James J. Fang/ notice or consented to dress Is 4 Chase This statement was filed the proposed action.) MetroTech Center, with the County Clerk of The independent adminis- Brooklyn, New York Santa Clara County on tration authority will be 11245, certain rights un- 3/3/95. granted unless an Inter. der certain home equity (Pub SN 3/8, 3/15, ested person files an OD revoviing credit line ac. 3/22.3/29) jection to the petition and counts (the -H me Equity shows good cause why Loans -), secured by FlC7RIOU5 BUSINESS the court should not grant the authority. ,, deeds oftrust or mort- gages on residential prop NAME STATEMENT A HEARING on the petl- ' art as located In 1297946 The following person(s) Is tfon will be held on April 19, 1995 at 9:00 a.m. In' California, which were originated or acquired by (are) doing business as: Dept. 10 located-at 191 the seller (or related com- 01)1 P Technical, North First St., San Jose, panies) In the ordinary 02) J P Marketing, CA 95113. course of its lend) ��gg buSF 999 Evelyn Terrace W. IF YOU OBJECT to the nesses. Certain ril is 113. Sunnyvale, granting of the petition, under the Home Equity CA 94086. you should appear at the Loans remain with Jay F. Prince, hearing and state your ob. Beneficial Mortgage 999. Evelyn Terrace W. jectlons or file written fib- Corporation and the docu- 113, Sunnyvale, jectlons with the court be- mentallon evidencing cer- CA 94086. fore the hearing. Your ap- tain of the loans and This business Is con - pearance may be In per- mortgage interests will ducted by an Individual. Registrant has not be- son or by your attomey continue to be located at yet gun to transact business IF YOU ARE A CREDITOR or a contingent the following office: Beneficial Mortgage under the fictitious busl- creditor of the deceased, you must Co. 1, 1999 Sout 9aScom ness name or names file your claim with the Avenue, Suite 390, listed herein. court and mall a copy to Campbell, San Jose, CA /s /Jay F. Prince/ the personal represents 95008. The sale of the This statement was filed live appointed by the Home Equity Loans Is with the County Clerk of court within four months scheduled to occur on or Legal Notices If you need to run a legal notice in Saratoga, the Saratoga News remains the paper of record. Our address is 14375 Saratoga Ave., Suite E2, Saratoga, CA 95070. The deadline for legal notices is 2:00 p.m. Friday for the following Wednesday's publication. If you have questions about deadlines or rates call Stephanie Thompson at 408/298 -8500 or fax your legal ad to 408/271 -3520. Z8 SARATOGA NEWS MARCH 22, 1995 - .Y',1...Ly_J. -. i •. • -- -- - - - - - - -- - - - - -- - - - after March 30, 1995. (Pub CC 3/22) CNS1256942 �, . NOTICE OF PETITION TO a ADMINISTER ESTATE OF KATHARINE W. FLOHR CASE NO.PRI34817 To all heirs, beneficiaries, creditors, contingent creel- ' Itors, and persons who may otherwise be Inter - ested In the will or estate, or both of KATHARINE W. FLOHR, KATHARINE WARD FLOHR. A PETITION has been filed by JANICE LIMING In the Superior Court of California, County of Santa Clara. THE PETITION requests that JANICE. LIMING be appointed as personal representative to adminis- ter to estate of the dece- dent. - THE PETITION requests the decedent's WILL and codicils, if any, be admit. ted to probate. The will antl any codicils are avall- able for examination in the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will al- low the personal repre• sentative to take many actions without obtaining court approval. Before taking certain very Impor. tam actions, however, the Personal representative will be required to give no- tice to Interested persons unless they have walved notice or consented to the proposed action.) The Independent adminls tratldn authority will be granted unless an Inter• ested person files an ob- jection to the petition and shows good cause why the court should not grant the authority. the pe A HEARING on tF .. tlon will be held on April 7, 1995 at 9:00 a.m. In Dept. 10 located at 191 North FIrst St., San Jose, CA 95113. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your ob- jections or file written ob- jections with the court be- fore the hearing. Your ap pearance may be In per- son or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mall a copy to the personal representa. tive appointed by the court within four months from the date of first Is• suance of letters as pro- vided In section 9100 of the California Probate Code. The time for filing claims will not expire De• fore four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person Inter- I ested In the estate, you may file with the court a formal Request for Special Notice of the fil- ing of an Inventory and eppralSal of estate 8S sets or of any petition or account as provided In section 1250 of the California Probate Code. A Request for Special Notice form Is available from the court clerk. Attorney for petitioner. / ROBERT A. FROEHLICH, ESQ. _ 99 Almaden Blvd., Suite 500 San Jose, CA 95113. /s /Robert A. Froehlich/ (Pub SN 3/22,3/29, S 4/5) C NOTICE OF PETITION TO ADMINISTER ESTATE 0 ELIZABETH KEADY EUJ CASE NO.PR134820 To all heirs, beneficiaries creditors, contingent cre Itors, and persons who may otherwise be Inter - ested In the will or estate or both Of ELIZABETH KEADY ELLIS. A PETITION has been fit by WILLIAM C. ELLIS In the Superior Court of California, County of Santa Clara. THE PETITION requests that WILLIAM C. ELLIS be appointed as personal representative to administer the estate of the decedent. THE PETITION requests the decedent's WILL and codicils, If any, be admit- ted to probate. The will and any codicils are avail, able for examination In the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This author. Ily will allow the personal representative to take many actions without oo- talning court approval. Before taking certain very Important actions, how- ever, the personal repre• sentative will be required to give notice to Inter- ested persons unless they have waived notice or consented to the pro• posed action.) The inde. pendent administration authority will be granted . unless an Interested per- son files an objection to the petition and shows good cause why the court should not grant the au. thority. A HEARING on the petition will be held on April 13, 1995 at 9:00 a.m. In Dept. 10 located at 191 North First St., .. . San Jose, CA 95113. ' IF YOU OBJECT to the granting of the petition, Cy should appear at the hearing and state your ob. jectlons or file written ob- jections with the court be- fore the hearing. Your ap- pearance may be In per- son or by your attorney IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mall a copy to the personal representa- tive appointed by the court within four months from the date of first la suance of letters as pro- vlded in section 9100 of the California Probate Code. The time for filing claims will not expire be- fore four months from the hearing date noticed above. YOU MAY EXAMINE the Is kept by the court. If you are a person Inter- ested In the estate, you may file with the court a formal Request for Special Notice of the fiF ng of an Inventory and appraisal of estate as- sets or of any petition or account as provided In S 1250 of the Califomla Probate Code. A Request for Special Notice form Is available from the court clerk. Attorney for petitioner. DANIEL E. HANLEY 1091 Lincoln Ave., San Jose, CA 95125. s /Daniel E. Henley / Pub SN 3/22, 3/29, 4/5) ORDER TO SHOW CAUSE FOR CHANGE OF NAME CASE NO. CV747918 UPERIOR COURT OF ALIFORNIA, COUNTY OF SANTA CLARA , 191 NORTH FIRST STREET, F SAN JOSE, CA 95113 S IN THE MATTER OF THE APPLICATION OF SHIH -YIN LIN. G THE COURT FINDS that Petftlonegs) SHIH -YIN Llh has /have filed a Petition for Change of Name with the clerk of this court for an order changing eel Applicant(s) name from SHIH -YIN LIN to SHINA SHIH -YIN LIN. THE COURT. ORDERS all People Interested In this matter appear before this court to show cause why this application for change of name should not be granted on May 2, 1995. at 9:00 a.m. In Department 10 located at 191 North First Street, San Jose, CA 95113. A COPY of this order to show cause be published once a week for four suc- cessive weeks prior to to day of said hearing 16 SAN JOSE CITY TIMES; e newspaper of general cir- culation printed In the County of Santa Clara. Dated: 3/9/95 /s /LBDoris H. Cordell/ Judge of the Superior Court (Pub SN 3/22, 3/29, 4/5, 4/12) Ci� Notices - v � 0�091 NOTICE OF HEARING BEFORE CITY COUNCIL Notice Is hereby given that to Deputy City Clerk of the Saratoga City Council, State of California, has Set Wednesday. the 5th day of April, 1995, at 8:00 p.m. (or earlier It public hearings are reached be- fore that time on the agenda) In the City Council Chambers at 13777 Frultvale Avenue, Saratoga, California, as the time and place for Public hearings on: Consideration of pro- posed Cancellation of a Williamson Act Contract on property located at 20851 Saratoga Hills Rd. The 5.1 acre property Is partially developed. The applicant ultimately pro- poses to subdivide the property Into a maximum oI ten (SO) single - family resdemlell lots. Th e prop arty 19 located approxE mately 1500 ft. west of SeratorSunnyvale Road and Is bordered on the north by Trinity Avenue, on the east by Pontiac Avenue, and on the south by Saratoga Hills Road and Pontiac Avenue. A Negative Declaration has been prepared for the pro- posed cancellation of the contract. (Applicant, Community Foundation of Santa Clare County) All interested persons may appear and be heard at the above time and )lace. If you challenge he subject projects In burt, you may be limited o raising only those Is• was you or someone Ilse raised at the public tearing described In this Iotice or In written torte• spondence delivered to the City Council at, or prior to, the public hear- ing. In order to be Included In the City Council's Informs tion packets, written com- munications should be filed on or before the Thursday before the meet - Ing. A copy of any mate- rial provided to the City Council on the above hearing(s) Is on file at the Office of the Saratoga City Clerk at 13777 Frultvale Avenue, Saratoga. General questions may b directed to the City Clerk, 867 -3438. /Grace Cory/ Deputy City Clerk (Pub SN 3/22) CC292 NOTICE TO ABATE NUI- SANCE NOTICE IS HEREBY GIVEk THAT ON March 15, ' 1995, the City Council . of the City of Saratoga declared a public nul- sane to exist on to eel es APN 38644038 Saratoga, California (Cox Avenue Railroad Tracks). The conditions constltub Ing such public nuisance and the actions to be taken for abatement thereof are as follows: CondNlon ConeotM Aet10n Accumulation of palm Remove to satisfaction tree clippings and debris of City Manager for more than one week I Upon failure to abate such public nuisance through the corrective so- tlons described herein, the nuisance will be abated by the City of Saratoga and all costs of abatement will be as- sessed against the prop any on which the nui- sance exists and will con- Stllute a special assess• ment upon and against such property until paid, said assessment to be collected at the same time and In the same manner as ordinary mu• nicipal taxes. A copy of the Declaration of nul- sane by the Cl ryb Council is on file In the Office of the Saratoga City Clerk. Any property owner object- ing to the proposed abatement by the city of Saratoga Is hereby noti- fied to attend a meeting of the City Council of the City of Saratoga to be held on April 19, 1995, commencing at 7:30 p.m., at the Saratoga City Hall, 13777 Frutvale Avenue, Saratoga, California, when their objections will be heard and given due consideration. Dated this 16th day of March, 1995. City Manager /City Clerk City of Saratoga CC293 (PUB SN 3/22) NOTICE TO THE PUBLIC The Saratoga City Council, at a regular meeting on March 15, 1995, Introduced the fol- lowing ordinance(s):, 1) Ordinance designating the Warner Hutton House as a Historic Landmark 2) Ordinance approving a Development Agreement between the City of Saratoga and Greenbrier Homes specifying devel- opment requirements for the previously approved 94-lot, single -family real- dential development on the former Paul Masson Winery Site at 13150 Saratoga Ave. These Ordinances will be considered for adoption at the meeting of April 5. Ordinances generally be. come effective 30 days after adoption. The full texts of all Introduced and adopted ordinances are available during regular business hours at the of• flce of the City Clerk, 13777 Frultvale Avenue. Deputy City Clerk CC294 (Pub SN 3/22) described Is 6einpp sold 'as W. The street atldress and other common desionation. it any, Deed any, prior GE SERVICES, 3e ttreet, Stockton, ESE OFFICES s, Agent Aprl15, 1995 FC IlFanelli Consulting, Inc. Land Planning / Property Management / Real Estate Broker April 6, 1995 Mr. Harry Peacock,.City Manager City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Harry: Rr"' ["', E � I J, Ell . AR 10 IYY5 U 0'.t' i wiSARATOGA CITY 1';1ryrItAOER'S OFFICE Enclosed with this letter are Exhibits "A", "B" and "C" which support the request for cancellation of the Williamson Act on the property known as the Nelson Gardens. These are copies of documents submitted in December by Trinity Development. As you must be aware, the Community Foundation and particularly the Foundation attorney, David Mitchell, are extremely upset with being put in a awkward public position for the second time in their dealings with the City on this property. First, they were told that the Development Agreement or MOU could be handled without public involvement and now they have been asked to take responsibility for a protracted public hearing process. Since their primary goal has been to protect the good name of the Foundation while also trying to bring a benefit to the City of Saratoga, they are particularly irritated by this latest problem. It is important that the next hearings are scheduled promptly to get the focus off of the Foundation and also to meet the obligations of the contract with Trinity Development. I am quite sure that if the contract is not fulfilled, the Foundation will simply sell the property to someone who is willing to hold it until the Williamson Act expires, leaving the City without the benefit it now may receive. 10052 Pasadena Avenue, Suite B • Cupertino, CA 95014 • (408) 996 -8188 • Fax (408) 996 -8261 Lf C �_ LA ✓- C CJ ILA e Therefore, I am requesting on behalf of the Community Foundation that the hearing on the cancellation be scheduled for Wednesday, May 3rd before the City Council with a recommendation for approval that evening and that the hearings on the General Plan, Zoning and Tentative Map with the Planning Commission begin no later than May 24th. Please confirm this schedule with me at the earliest possible date. And please let me or Trinity Development know if any additional documents are needed prior to the hearings. Very truly yours, Virgini Fanelli CC: Peter Hero David Mitchell Jeff Wyatt Ann Marie Burger, Mayor T H E C(62pv C O M M U N I T Y F O U N D A T I .O N Of Santa Clara County TO THE HONORABLE CITY COUNCIL OF THE CITY OF SARATOGA: Pursuant to the California Land Conservation Act of 1985 (hereafter "Williamson Act "), the undersigned respectfully represent the following: 1. LAND; The undersigned constitute all of the present owners of the land whose legal description Is set forth in Exhibit "A" attached to this petition and is hereby Incorporated herein by reference. 2. P. 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 Paragraph 1 above 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 described In Paragraph 1 above. The undersigned represents that such cancellation is In the public Interest pursuant to California Government Code Section 51282 A -2 (That cancellation is In the public Interest), by reason of the facts, circumstances and conditions set forth in Exhibit "C attached to this petition and In- corporated 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 THE COMMUNITY FOUNDATION OF SANTA CLARA COUNTY By: Y Peter Hero, Executive Director 960 WEST HEDDING, SUITE 220 • SAN JOSE, CALIFORNIA 95126 -1215 PHONE (408) 241 -2666 • FAX (408) 452 -4636 I EXHIBIT "A" LEGAL DESCRIPTION: 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. 62° 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; (thence 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 46° 14' 39" West 54.80.feet; North 59°03' West 66.16 feet and North 490 21' 02" West 65.97 feet; thence leavir:g the center line of said private roadway and continuing First .4merican Title 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 58° 06' 34" West 228.27 feet; thence North 740 51' 33" Test 67.35 feet; thence leaving said parallel line, North 50 15' 09" Nest 73.42 feet; thence North 190 04' 09" East 85.70 feet; thence North 620 10' 33" East 81.41 feet; thence North 870 21' 57" East 209.24 feet; thence South 100 20' 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 11' 53" for an arc distance of 62.97 feet; thence.South 00 24' 0011-East 176.52 feet; thence along the arc of a tangent curve to the right, ith a radius of 60.00 feet, thru a central angle of 860 54' 07' 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 Flaps at pages 25, 26, and 27 Official Records of Santa C1ara.County; thence running down the Westerly line of the aforementioned Lot 74 N. 50 15' 09" N 73.42 feet; N. 19° 04' 09" E. 85.70'feet; N. 620 10' 33" E. 81.41 feet to the common corner of Lots 73 and 74 of tt�- 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 V 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. 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. APN: 503- 49 -42, 41 ARB: 503 -49 -15 First American Title I Exhibit A, Page 3,,' ... � o... 0 ri(,HI E -Al-iE SEM �A SE SSOA 1 33 Ac .ync H 29 \ 1 �1 Ofrl(f DI Cr S! t164•j �j EMl kl c�A to ,co. l (AL[D4wLA 1, r,1ON �.,. TRINITY ; 711 t0. t P o O�V� 503 a�9 1 it �J S(Alf ly= 100' EXHIBIT "C" PROPOSED FACTS A,4,�D FINDINGS UNDER THE WILLIAMSON ACT SUPPORTING CANCELLATION* 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 51220 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 discontiguous 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 currently in 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 'Co meet either tests. b) Findings 51220(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 agricultural contracts to protect the public x The City Council is not required to make findings other than findings (1) and either (2) or (3). §51282(f). -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 commerical 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 sold for residential development until the agricultural restrictions are lifted. Such sale is in the public interest since the net proceed will be added to the endowment of The community Foundation, the income of which will be distributed 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 alternative use of this property, a residential subdivision. ( "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 flitting that description. (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 entirely surrounded by developed residential subdivisions. -2- (4) There is no other reasonable or comparable agricul- tural use to which the land may be put other than the failing, nonproducing 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. -3- MAY -12 -95 FR I 09:35' I1 rYERS', 14r' VE, RIBACK, SILVER-,& WILSON r A PROFESSIONAL LAW GUHPOHAfION J' .. 57[Vtra�..t�.fr1LYLnlF" TA aOSA QFFI�C� E1.12ARETH H, SH,vek GATE=WAY PLAZA 555 F :FTH STREET, SUITE M .� MIGhAR S.,RIBACr.' SANTA RG3A, CA 9r401 „r• _ '! :e,JIrETHA.14'iLSOIJ• 777 DAVIS STREET, SUITE 300. 111( F EL . ODRIn lL - R Cr+ TELEPHONE: 1707) 6;64 €00�J 'p11C}IAEL F.'RbDRI7UEZ SAN LFANDg�, 1 A IFi3RNIQ 94577 FA( $1+4141.x: (707) 645 -6117 KATHLEEN FAUBIQV. AICY TELEPKUNE' (0101 351 =4300 WENDY''A, ROBERTS, DAVID W. SKINNER., �" FACSlMII.E :, (510) 351 -4481 STEVCN T, MATTAS 1 kl[K U /.,JARVIS VERONICA A, F. NE99 1 Or CGVN$9L - ANDREA J. SAL 200AN - - MEMORANDUM TO: city Council DATE May 12,' 1995 City Manager FROM: Michael S. Riblck, Q.T.Nr Attorney RE: Mllianison Act Contract Cancellation Proceedings During the prbceedinrys on N /lay 3 regardirt� the request or T-b. e {.'llI � "Nelson Gardens" property for lVilliauls;ot. Robin Kenncd' },, zcprescrtting the .rxte +leis d tl `Garden Foundation cited to a recent.'court case she clairlletl w.IS 11e.levant. to the issue of the Williamson Act contract cancellation. ( S i_nislaus ' Audtjbon SQci.ety, Inc. v. County !)f Suanislaus 95 D.A.1 .''3396, 'Man�h 20, '199 -). The case involved an application to build a golf course/couiitav club bri land and %: Y "i "ilbainso>,_ Act contra'cr. The issues before the court were whether, the county had prGliedy prepared „ a negative declaration for the projec=t [c.he cUnstruttiv114q the gull cul_irsz`ca1.a :;t :ry ciubl and whe=ther the golf course use was a "compatible use" permitted unde=r the convra�t. The case wti iq decided entirely on LE A grounds as the, determined that an ETR should have been prepared instead of a negative, declaratiull. In fact, the cuu,'+ spec.i-icaU declined to mile on the Williamson Act issue at al.l, which, in any case had nOtbin4g to do �.Nith eitl-►er.non- renexval or cancellation of th'c c.otitrart... fti Michael S. Ribacic City Attorney ; MSR.dsp �c: Coy imunity Development Director' J; \wPI7 \Nltt� 3S Alwi 3 ,u1'fEMO\,NLAY9S \GARDE`�S.A4161 - '�"