06/21/1978 - Laserfiche WebLink

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CITY COUNCIL MINUTES - June 21, 1978 E. SPECIAL ORDERS: to I. Public Hearings: a) Request for re -consideration of withdrawal from Williamson Act Contract, LANDS OF PERRETT. Mayor Hillestad outlined the format to be followed in hearing the subject request, after which the City Manager read the Environmental Checklist and Negative Declaration Into the record. Thereafter, the City Attorney reiterated that the only matter now to be addressed was the consideration of the Negative Declaration. Mr. Parrett, Applicant, stated that this was environmental action on a paper change only, I.e., removing land from the Williamson Act Contract. Mrs. Miller, Vista del Valle, asked that the Council adher to the General Plan Open Space guidelines and not adopt the proposed Negative Declaration. Mr. Hettinger, Priscilla Lane, expressed serious concern as to the surrendering of the requirement for an Environmental Impact Report at time of subdivision if Council now adopts the proposed Negative Declaration. MOTION SECONDED AND CARRIED: Following a brief discussion with the City Attorney, it was moved by Councilman McReynolds, seconded by Councilman Nystrom and carried by the following roll call vote to adjourn to litigation session. AYES: Councllmembers McReynolds, Nystrom and Proft. NOES: Mayor Hlllestad ABSENT: Councilman Brown. After Council re -convened at 8:26 PM, the City Attorney advised of procedural steps now being taken relative to the cancellation only and the Environmental Impact Study requirements to be met before any development could occur on the subject property. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and passed unanimously by all members present to adopt the Negative Declaration, LANDS OF FERRET request for withdrawal from Williamson Act Contract. The City Manager then Introduced the transparency showing the subject property with future access to be off Stonebrook and gave a brief history of the Williamson Act as It pertained to the Town. Following this, the Deputy City Clerk read Into the record all correspondence and phone messages received to date relative to this matter. The Public Hearing proceeded with sworn testimony (with the exception of attorneys) given as set forth below. Mr. Parrett. Applicant, clarified that the land proposed to be removed from the William- son Act is only the 52 acres and not quarry land or any portion of the adjacent 675 acres. He further outlined background on the many months spent In trying to reach an equitable proposal, provisions In the General Plan for development of the subject property with annexation forecasted therein, mis-conceptions relative to fax savings he will personally reap, his proposed donation of 23 acres for Open Space and, finally, his strong feelings that this withdrawal of 52 acres from the Williamson Act plus the Open Space dedication Is In the best Interest of all residents. Mr. Burns At for the Applicant, Introduced into the record sworn declarations of A. Doyle Reed, H. D. Per raft, David M. Semas and George F. Kucera, accompanied by a letter of summarization. He went on to state that his appearance should not Indicate a threat of litigation, rather a harmonious resolve was hoped for by his clients. Mr. Burns then cited certain legal aspects of the matter before Council, specifically: (1) Good faith to accomplish subsequent withdrawal had been demonstrated by the Town during annexation hearings; (2) His clients had then relied on this in their business pro- ceedings; (3) The property had never been agricultural, thus not In compliance -3-