HomeMy WebLinkAboutStaff Report 4127
City of Palo Alto (ID # 4127)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 10/21/2013
City of Palo Alto Page 1
Summary Title: Approval of Annual Report of Williamson Act Contracts
Title: Approval of Annual Report of Williamson Act Contracts Within the City
of Palo Alto
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council review the Williamson Act Properties Report for Calendar Year
2013 (Attachment A), approve the renewal of 19 contracts, and direct staff to file the current
list of Williamson Act properties with the appropriate agencies.
Background
The California Land Conservation Act of 1965, commonly known as the Williamson Act, is a
state program to discourage agricultural lands from being converted to urban uses. The
program provides property tax relief to owners of agricultural land who agree to limit the use of
their property to agricultural or other approved compatible uses.
On July 24, 1974, the City of Palo Alto adopted Ordinance No. 2663 to establish rules for both
establishing and administering Williamson Act contracts for Palo Alto properties. Highlights of
the rules regarding administration of established contracts include:
Contracts limit the allowable uses of the property to what is described in the contract.
Contracts remain in place when a property is sold and new owners are subject to the
same use restrictions.
Contracts are for 10-year terms and have a renewal date of January 1.
Each year—at least 80 days prior to that renewal date—the Council reviews the
contracts and, at that time, may initiate a notice of nonrenewal for any contract or
approve a notice of nonrenewal submitted by a landowner. If the Council takes such
action, then that contract does not renew on January 1 and terminates nine years later.
City of Palo Alto Page 2
Under certain conditions, the Council may also approve a landowner’s request to cancel
a contract.
Contracts, for which the Council has not approved a notice of nonrenewal or a
cancellation, automatically renew for another 10-year term each January 1.
Discussion
The attached report and map (Attachments A & B), describe the parcels that were under
contract during calendar year 2013. No notices of nonrenewal have been received since the last
report. At this time, the Council may initiate a notice of nonrenewal for any contract and have
that notice take effect this year. If the Council does not initiate any notices of nonrenewal at
this time, and approves the attached list, then this list will be filed in the City Clerk’s Office and
the information will be forwarded to the appropriate agencies. Under the California Open
Space Subvention Act (OSSA), the City is entitled to partial replacement of local property tax
revenue foregone by participating in the Williamson Act. Planning staff will file the information
with the State Department of Conservation, Division of Land Resource Protection. Then, on
January 1, 2014, the nineteen contracts will renew for another 10-year term.
Notes are included on the attached report and map to clarify that, although the Palo Alto Hills
Golf and Country Club is under Williamson Act contract, no tax benefits accrue to the owners.
Although a golf course is a permitted use, only golf courses that are open to the public and
charge minimal green fees are eligible for tax benefits.
The California Department of Conservation’s Williamson Act Program requires participating
cities and counties to fill out and submit applications for an Open Space Subvention Act
payment per Government Code section 16144, which states: "On or before October 31 each
year, the governing body of each county, city, or city and county shall report to the Secretary of
the Resources Agency the number of acres of land under its regulatory jurisdiction which
qualify for state payments pursuant to the various categories enumerated in Section 16142,
together with supporting documentation as the secretary by regulation may require.”
At this time, the staff recommendation is to renew the existing contracts. Planning staff is
currently working with Santa Clara County Assessor’s Office to conduct research on the
nineteen properties under Williamson Act contract in Palo Alto. This research includes a study
of the benefits these Williamson Act properties provide to the City compared to the loss of
property tax revenue. City staff will provide this information to the City Council at mid-
calendar year 2014 as an informational report. City staff also plans to provide a
recommendation with as to whether or not to discontinue the contracts, particularly those that
comprise residential homes on lots of 10 acres or less in size (the minimum lot size in the Open
Space zone). The current research has been initiated due to the uncertainty regarding the
City of Palo Alto Page 3
overall benefits of the program (see Resource Impacts section below).
Resource Impacts
Minimal resource impacts would result from the recommended action. Property tax revenue is
generally not significant from these properties. Historically, the City of Palo Alto has been
receiving approximately $1,000 a year in subvention payments from the State; however, recent
legislation has resulted in the suspension of State funding for these payments. Assembly Bill X4
was enacted on July 24, 2009 and resulted in a total subvention allowance of $1,000 for all
participating California counties. As a result of this bill, Palo Alto received $0.03 in subvention
payments for fiscal year 2009-10. On October 19, 2010 Senate Bill 863 provided a one-time
allocation of $10,000,000 for the program and an option for participating cities and counties to
recapture 10% of the benefits provided by the contracts; however, on March 24, 2011, Senate
Bill SB80 eliminated these provisions. The most recent legislation, Assembly Bill 1265, passed
on July 15, 2011, again allows participating cities and counties to recapture 10% of the benefits;
however, implementation of this provision is generally only cost effective for cities and counties
that have significant acreage under contract. A total of approximately 425 acres in Palo Alto are
protected under the Williamson Act contracts, as compared to 306,551 acres in Santa Clara
County.
Policy Implications
The recommended action implements Ordinance 2663 regarding the administration of the
Williamson Act for Palo Alto properties. The Williamson Act in general complies with the land
use policies of the Comprehensive Plan and specifically supports Goal L-1 regarding growth
management as well as Policy L-1 regarding the extent of urban development.
Environmental Review
The recommended action is ministerial and pursuant to Title 14 of the California Code of
Regulations, Section 15061(b)(3), is exempt from the requirements of the California
Environmental Quality Act (CEQA) in that this action of approving the attached report does not
have the potential for causing a significant effect on the environment.
Attachments:
Attachment A: Williamson Act Parcel Report (PDF)
Attachment B: Williamson Act Map (PDF)
Williamson Act Properties Report for Calendar Year 2013
On the following pages is a list of the 23 Palo Alto properties that were enrolled in the
Williamson Act during the calendar year of 2013.
About the Williamson Act
About this List/Report
The California Land Conservation Act of 1965, commonly known as the Williamson Act is a
state program to discourage agricultural lands from being converted to urban uses. The program
provides property tax relief to owners of agricultural land who agree to limit the use of their
property to agricultural or other approved compatible uses.
On July 24, 1974, the City of Palo Alto adopted Ordinance No. 2663 to establish rules for both
establishing and administering Williamson Act contracts for Palo Alto properties. Highlights of
the rules regarding administration of established contracts include:
Contracts limit the allowable uses of the property to what is described in the contract.
Contracts remain in place when a property is sold and new owners are subject to the same use
restrictions.
Contracts are for 10-year terms and have a renewal date of January 1.
Each year—at least 80 days prior to that renewal date—the Council reviews the contracts and,
at that time, may initiate a notice on nonrenewal for any contract or approve a notice of
nonrenewal submitted by a landowner. If the Council takes such action then that contract does
not renew on January 1 and terminates 9 years later.
Under certain conditions, the Council may also approve a landowner's request to cancel a
contract.
Contracts, for which the Council has not approved a notice of nonrenewal or a cancellation,
automatically renew for another 10-year term each January1.
19 contracts will renew on January 1, 2014 if the Council approves this report.
4 contracts will not renew because Notices of Nonrenewal have been approved. See
individual records for termination dates.
Note: One of the 19 contracts does not include tax benefits. Although the Palo Alto Hills
Golf Course is under contract the use is not eligible for tax benefits--see notes for this parcel.
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Will Renew on January 1, 2014
Palo Alto Hills Golf and Country Club at 3000 Alexis Drive
Although this property is under contract, there are no tax benefits.A golf course may only be
eligible for tax benefits if it is open to the public and charges minimal green fees.
Prime
Owner:
1
Assessed Value
Land Class:
5/1/1973Contract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Palo Alto Hills Golf and Country Club, Inc., 3000 Alexis Drive, Palo Alto, CA 94304
Acreage:
General Notes:
119.92
182-35-035APN:
2011:$1,317,995.00
Value Notes:
4279Resolution No:
2012:$1,344,354.0 2013 $1,371,241.0
No address; adjacent to Country Club at 3000 Alexis Drive
Prime
Owner:
2
Assessed Value
Land Class:
5/1/1973Contract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Palo Alto Hills Golf and Country Club, Inc., 3000 Alexis Drive, Palo Alto, CA 94304
Acreage:
General Notes:
5.52
182-35-008APN:
2011:$47,825.00
Value Notes:
4279Resolution No:
2012:$48,781.00 2013 $49,756.00
Open Space land adjacent to the Arastradero Preserve
Prime
Owner:
3
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
City of Palo Alto, 250 Hamilton Ave., Palo Alto, CA 94301
Acreage:
General Notes:
11.42
182-33-014APN:
2011:$0.00
Value not assessed because owned by public/quasi public agencyValue Notes:
UnknownResolution No:
2012:$0.00 2013 $0.00
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El Camino Park (east of Palo Alto Ave to University Ave)
Prime
Owner:
4
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Leland Stanford Jr., Univ. Board of Trustees, P.O.Box 10250, Palo Alto, CA 94303
Acreage:
General Notes:
10.00
120-31-009APN:
2011:$118,153.00
The City of Palo Alto leases this land for public use; however, it is privately owned.Value Notes:
UnknownResolution No:
2012:$127,999.00 2013 $133,565.00
El Camino Park (west of Palo Alto Ave to the creek)
Prime
Owner:
5
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Leland Stanford Jr., Univ. Board of Trustees, P.O.Box 10250, Palo Alto, CA 94303
Acreage:
General Notes:
0.72
12031001APN:
2011:$8,492.00
The City of Palo Alto leases this land for public use; however, it is privately owned.Value Notes:
UnknownResolution No:
2012:$9,199.00 2013 $9,599.00
No address; on Page Mill Road; below Foothill Open Space Preserve
Non Prime
Owner:
6
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Richard D. Guhse Trustee, 37 Babras Court, Hollister, CA 95023
Acreage:
General Notes:
20.01
351-05-043APN:
2011:$923.00
Value Notes:
UnknownResolution No:
2012:$1,000.00 2013 $1,043.00
3837 Page Mill Rd, Palo Alto, 94304
Non Prime
Owner:
7
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
David P. and Cynthia Lautzenheiser Trustee, 3837 Page Mill Road, Palo Alto, CA 94022
Acreage:
General Notes:
10.00 minus 1 acre for Homesite = 9.00
351-05-042APN:
2011:$366,599.00
Value Notes:
UnknownResolution No:
2012:$373,957.00 2013 $381,446.00
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3845 Page Mill Rd, Palo Alto, 94304
Non Prime
Owner:
8
Assessed Value
Land Class:
2/16/1976Contract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Judith A. Block Trustee, 412 Webster St., Palo Alto, CA 94301
Acreage:
General Notes:
8.72 minus 1 acre for Homesite = 7.72
351-05-024APN:
2011:$48,180.00
Value Notes:
UnknownResolution No:
2012:$49,166.00 2013 $50,158.00
3849 Page Mill Rd, Palo Alto, 94306
Non Prime
Owner:
9
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Jeffrey A. and Mary L. Thomas, 3849 Page Mill Road, Palo Alto, CA 94022
Acreage:
General Notes:
10.00
351-05-050APN:
2011:$1,350,000.00
Value Notes:
UnknownResolution No:
2012:$1,411,375.0 2013 $1,326,000.0
3855 Page Mill Rd, Palo Alto, 94306
Non Prime
Owner:
10
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Patrick K. Suppes, 599 College Avenue, Palo Alto, CA 94306
Acreage:
General Notes:
10.00
351-05-049APN:
2011:$478,538.00
Value Notes:
UnknownResolution No:
2012:$488,108.00 2013 $497,870.00
3865 Page Mill Rd, Palo Alto, 94304
Non Prime
Owner:
11
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Grace Carland Trustee, 3865 Page Mill Road, Palo Alto, CA 94022
Acreage:
General Notes:
10.00 minus 1 acre for Homesite = 9.00
351-05-048APN:
2011:$33,091.00
Value Notes:
UnknownResolution No:
2012:$33,779.00 2013 $34,465.00
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3875 Page Mill Rd, Palo Alto, 94304
Non Prime
Owner:
12
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Richard D. Kniss Trustee & Et Al, 1985 Cowper Street, Palo Alto, CA 94301
Acreage:
General Notes:
10.00
351-05-047APN:
2011:$461.00
Value Notes:
UnknownResolution No:
2012:$500.00 2013 $521.00
3885 Page Mill Rd, Palo Alto, 94304
Non Prime
Owner:
13
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
William W. and Sharon T. Luciw Trustee, 3885 Page Mill Road, Palo Alto, CA 94022
Acreage:
General Notes:
8.45 minus 1 acre for Homesite = 7.45
351-05-046APN:
2011:$900,000.00
Value Notes:
UnknownResolution No:
2012:$979,301.00 2013 $918,000.00
3895 Page Mill Rd, Palo Alto, 94304
Non Prime
Owner:
14
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Lawrence Markosian, 635 Wildwood Lane, Palo Alto, CA 94303
Acreage:
General Notes:
10.00 minus 1 acre for Homesite = 9.00
351-05-045APN:
2011:$233,568.00
Value Notes:
UnknownResolution No:
2012:$238,266.00 2013 $243,041.00
3905 Page Mill Rd, Palo Alto, 94304
Non Prime
Owner:
15
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Michael R. Lowry, 3905 Page Mill Road, Palo Alto, CA 94022
Acreage:
General Notes:
6.43 minus 1 acre for Homesite = 5.43
351-05-044APN:
2011:$1,037,775.00
Value Notes:
UnknownResolution No:
2012:$918,000.00 2013 $174,796.00
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4201 Page Mill Rd, Palo Alto, 94304
Non Prime
Owner:
16
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Bruce A Leak, 4201 Page Mill Road, Palo Alto, CA 94022
Acreage:
General Notes:
11.31 minus 1 acre for Homesite = 10.31
351-25-015APN:
2011:$1,470,236.00
Value Notes:
UnknownResolution No:
2012:$1,499,757.0 2013 $1,529,799.0
5061, 5065, 22601 Skyline Blvd
Non Prime
Owner:
17
Assessed Value
Land Class:
3/6/1973Contract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Irene V. Fogarty Trustee & Et Al, 1009 Rosewood Ave., San Carlos, CA 94070
Acreage:
General Notes:
139.59 minus 1 acre for Homesite = 138.59
351-12-006APN:
2011:$34,699.00
Value Notes:
4707Resolution No:
2012:$35,894.00 2013 $36,813.00
22601 Skyline Blvd, Palo Alto, 94306
Non Prime
Owner:
18
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Harvey D. Jr. and Pamela K. Loucks Trustee, Rt 2 Box 332, La Honda, CA 94020
Acreage:
General Notes:
10.39
351-12-062APN:
2011:$509.00
Value Notes:
UnknownResolution No:
2012:$552.00 2013 $575.00
No address; adjacent to 22601 Skyline Blvd
Non Prime
Owner:
19
Assessed Value
Land Class:
UnknownContract Start:
Unchanged; contract will continue for at least another 10 years.Contract Status:
Harvey D. Jr. and Pamela K. Loucks Trustee, Rt 2 Box 332, La Honda, CA 94020
Acreage:
General Notes:
12.35 minus 1 acre for Homesite = 11.35
351-12-063APN:
2011:$292,738.00
Value Notes:
UnknownResolution No:
2012:$298,637.00 2013 $500,000.00
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Will Not Renew on January 1, 2014 because a Notice of Nonrenewal has been approved
Open Space within Foothill Open Space Preserve
Non Prime
Owner:
1
Assessed Value
Land Class:
2/27/1979Contract Start:
Notice of Nonrenewal approved on 10/6/2008; contract will terminate on 12/31/2017Contract Status:
Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022
Acreage:
General Notes:
27.34
351-04-031APN:
2011:$0.00
Value not assessed because owned by public/quasi public agencyValue Notes:
5657 and 5658Resolution No:
2012:$0.00 2013
Open Space within the Montebello Open Space Preserve
Non Prime
Owner:
2
Assessed Value
Land Class:
2/28/1973Contract Start:
Notice of Nonrenewal approved on 10/6/2008; contract will terminate on 12/31/2017Contract Status:
Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022
Acreage:
General Notes:
8.74
351-12-043APN:
2011:$0.00
Value not assessed because owned by public/quasi public agencyValue Notes:
4706Resolution No:
2012:$0.00 2013
Open Space within the Montebello Open Space Preserve
Non Prime
Owner:
3
Assessed Value
Land Class:
2/26/1975Contract Start:
Notice of Nonrenewal approved on 10/6/2008; contract will terminate on 12/31/2017Contract Status:
Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022
Acreage:
General Notes:
10.72
351-25-014APN:
2011:$0.00
Value not assessed because owned by public/quasi public agencyValue Notes:
5067Resolution No:
2012:$0.00 2013
Open Space within the Montebello Open Space Preserve
Non Prime
Owner:
4
Assessed Value
Land Class:
2/28/1973Contract Start:
Notice of Nonrenewal approved on 10/6/2008; contract will terminate on 12/31/2017Contract Status:
Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022
Acreage:
General Notes:
24.00 minus 1 acre for Homesite = 23.00
351-06-017APN:
2011:$0.00
Value not assessed because owned by public/quasi public agencyValue Notes:
4708Resolution No:
2012:$0.00 2013
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2013
1/1/14
Note: Although the Palo Alto Hills Golf and Country Club is under contract, it is not eligible to receive tax benefits; only golf cources open
to the public are eligible.