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File #: RES 23-217    Name: 2024 WILLIAMSON ACT APPLICATIONS
Type: BoS Resolution Status: Passed
File created: 11/17/2023 In control: Board of Supervisors
On agenda: 12/5/2023 Final action: 12/5/2023
Title: a. Conduct a public hearing to consider ten (10) 2024 Williamson Act Applications to Create a Farmland Security Zone ("FSZ") and Contract or to Establish an Agricultural Preserve ("AgP") and Land Conservation Contract (REF230029); and b. Adopt a Resolution: 1. Finding that Open Space Contracts or Easements qualify as a Class 17 Categorial Exemption pursuant to the California Environmental Quality Act (CEQA), California Code of Regulations (CCR) CEQA Guidelines Section 15317 and there are no exceptions pursuant to CEQA Guidelines CCR Section 15300.2; 2. Approving five (5) applications to create five (5) FSZs and Contracts: a. FSZ Application No. 2024-02 (522.70 acres) - Farmland Security Zone Application - The Clark Family Revocable Trust dated October 10, 2001, The Thomas Jr. and Margot Nunes Family Trust, pursuant to the Declaration of Trust dated December 20, 2005, The Clark Revocable Trust U/A/D February 8, 2023; APNs 183-021-021-000 and 418-381-009-000; b. FSZ Application No. 2024...
Attachments: 1. Board Report, 2. Attachment A - Draft Board Resolution, 3. Attachment A - WORD VERSION Draft Resolution, 4. Attachment B - List of 2024 Williamson Act Applications, 5. Attachment C - Map of the 2024 Williamson Act Applications, 6. Attachment D - Board Resolution No. 03-383 (Procedures for Agricultural Preserves), 7. Attachment E - Board Resolution No. 01-486 (Procedure for the Creation of Farmland Security Zones and Contracts), 8. Attachment F - County Notification Letter to City of Salinas dated November 7, 2023, 9. Attachment G - Financial Impact Report for 2024 Williamson Ac, 10. Presentation for Item No. 10, 11. Completed Board Order Item No. 10, 12. Completed Resolution Item No. 10, 13. Revised Completed Resolution Item No. 10, 14. FSZC_RECORDING_122123

Title

a.                     Conduct a public hearing to consider ten (10) 2024 Williamson Act Applications to Create a Farmland Security Zone (“FSZ”) and Contract or to Establish an Agricultural Preserve (“AgP”) and Land Conservation Contract (REF230029); and

b.                     Adopt a Resolution:

1.                     Finding that Open Space Contracts or Easements qualify as a Class 17 Categorial Exemption pursuant to the California Environmental Quality Act (CEQA), California Code of Regulations (CCR) CEQA Guidelines Section 15317 and there are no exceptions pursuant to CEQA Guidelines CCR Section 15300.2;

2.                     Approving five (5) applications to create five (5) FSZs and Contracts:

a.                     FSZ Application No. 2024-02 (522.70 acres) - Farmland Security Zone Application - The Clark Family Revocable Trust dated October 10, 2001, The Thomas Jr. and Margot Nunes Family Trust, pursuant to the Declaration of Trust dated December 20, 2005, The Clark Revocable Trust U/A/D February 8, 2023; APNs 183-021-021-000 and 418-381-009-000;

b.                     FSZ Application No. 2024-03 (405.80 acres) - Farmland Security Zone Application - The Clark Family Revocable Trust dated October 10, 2001, The Thomas Jr. and Margot Nunes Family Trust, pursuant to the Declaration of Trust dated December 20, 2005, The Clark Revocable Trust U/A/D February 8, 2023; APN 111-022-001-000;

c.                     FSZ Application No. 2024-04 (335.40 acres) - Farmland Security Zone Application - Jackson Family Investments III, LLC, A Delaware Limited Liability Company; APNs 183-021-004-000 and 418-381-008-000;

d.                     FSZ Application No. 2024-08 (193.11 acres) - Farmland Security Zone Application - Gary W. Pozzi, Nancy F. Pozzi and the Ermalene Plaskett Family Trust dated September 2, 1999; APN 245-021-010-000;

e.                     FSZ Application No. 2024-09 (810 acres) - Farmland Security Zone Application - Gary W. Pozzi, Nancy F. Pozzi and the Ermalene Plaskett Family Trust dated September 2, 1999; APN 245-021-008-000; and

3.                     Partially approving FSZ Application No. 2024-10 (204 acres) - Farmland Security Zone Application - Morgantini Ranches No. 1, A California General Partnership: APNs 419-491-004-000; 419-491-005-000; 419-491-006-000; 109-501-003-000 and 109-501-006-000;

4.                     Continuing without Prejudice to the 2025 round of applications:

a.                     AgP Application No. 2024-01 - Agricultural Preserve Application - Coker Ellsworth Family Trust dated September 7, 2000, Shawn McNamara, Tom Thompson and Amy Thompson; APNs 423-071-030-000 and 423-071-055-000;

b.                     FSZ Application No. 2024-05 - Farmland Security Zone Application - Berkshire Investments LLC, a California Limited Liability Company; APNs 267-044-005-000; 267-044-014-000; 267-044-015-000; and 267-044-016-000;

c.                     FSZ Application No. 2024-06 - Farmland Security Zone Application - Jose Luis Rocha and Alicia Rocha and Jose Guadalupe Rocha and Ana Maria Rocha; APNs 177-081-005-000; 177-081-006-000; and 177-081-007-000; and

d.                     FSZ Application No. 2024-07 - Farmland Security Zone Application - Beverly Joan Morgantini, Trustee of the 1996 Morgantini Revocable Trust Under Declaration of Trust dated August 16, 1996; APNs 111-021-005-000 and 111-021-007-000;

5.                     Authorizing the Chair to execute FSZ Contracts for the recommended five (5) applications to create five (5) FSZs and Contracts for FSZ Application No. 2024-02, FSZ Application No. 2024-03, FSZ Application No. 2024-04, FSZ Application No. 2024-08 and FSZ Application No. 2024-09 and to execute one (1) FSZ Contract to partially approve FSZ Application No. 2024-10 to create FSZ No. 2024-10 and FSZ Contract No. 2024-10; and

6.                     Directing the Clerk of the Board of Supervisors to record the FSZ Contracts prior to the January 1, 2024 property tax lien date subject to the submittal of the corresponding recording fees by the property owners of record.

 

California Environmental Quality Act (CEQA) Action:  Find that Open Space Contracts or Easements qualify as a Class 17 Categorial Exemption pursuant to CEQA, California Code of Regulations (CCR) CEQA Guidelines Section 15317 and there are no exceptions pursuant to CEQA Guidelines CCR Section 15300.2.

Report

RECOMMENDATION:

a.                     Conduct a public hearing to consider ten (10) 2024 Williamson Act Applications to Create a Farmland Security Zone (“FSZ”) and Contract or to Establish an Agricultural Preserve (“AgP”) and Land Conservation Contract (REF230029); and

b.                     Adopt a Resolution:

1.                     Finding that Open Space Contracts or Easements qualify as a Class 17 Categorial Exemption pursuant to the California Environmental Quality Act (CEQA), California Code of Regulations (CCR) CEQA Guidelines Section 15317 and there are no exceptions pursuant to CEQA Guidelines CCR Section 15300.2;

2.                     Approving five (5) applications to create five (5) FSZs and Contracts:

a.                     FSZ Application No. 2024-02 (522.70 acres) - Farmland Security Zone Application - The Clark Family Revocable Trust dated October 10, 2001, The Thomas Jr. and Margot Nunes Family Trust, pursuant to the Declaration of Trust dated December 20, 2005, The Clark Revocable Trust U/A/D February 8, 2023; APNs 183-021-021-000 and 418-381-009-000;

b.                     FSZ Application No. 2024-03 (405.80 acres) - Farmland Security Zone Application - The Clark Family Revocable Trust dated October 10, 2001, The Thomas Jr. and Margot Nunes Family Trust, pursuant to the Declaration of Trust dated December 20, 2005, The Clark Revocable Trust U/A/D February 8, 2023; APN 111-022-001-000;

c.                     FSZ Application No. 2024-04 (335.40 acres) - Farmland Security Zone Application - Jackson Family Investments III, LLC, A Delaware Limited Liability Company; APNs 183-021-004-000 and 418-381-008-000;

d.                     FSZ Application No. 2024-08 (193.11 acres) - Farmland Security Zone Application - Gary W. Pozzi, Nancy F. Pozzi and the Ermalene Plaskett Family Trust dated September 2, 1999; APN 245-021-010-000;

e.                     FSZ Application No. 2024-09 (810 acres) - Farmland Security Zone Application - Gary W. Pozzi, Nancy F. Pozzi and the Ermalene Plaskett Family Trust dated September 2, 1999; APN 245-021-008-000; and

3.                     Partially approving FSZ Application No. 2024-10 (204 acres) - Farmland Security Zone Application - Morgantini Ranches No. 1, A California General Partnership: APNs 419-491-004-000; 419-491-005-000; 419-491-006-000; 109-501-003-000 and 109-501-006-000;

4.                     Continuing without Prejudice to the 2025 round of applications:

a.                     AgP Application No. 2024-01 - Agricultural Preserve Application - Coker Ellsworth Family Trust dated September 7, 2000, Shawn McNamara, Tom Thompson and Amy Thompson; APNs 423-071-030-000 and 423-071-055-000;

b.                     FSZ Application No. 2024-05 - Farmland Security Zone Application - Berkshire Investments LLC, a California Limited Liability Company; APNs 267-044-005-000; 267-044-014-000; 267-044-015-000; and 267-044-016-000;

c.                     FSZ Application No. 2024-06 - Farmland Security Zone Application - Jose Luis Rocha and Alicia Rocha and Jose Guadalupe Rocha and Ana Maria Rocha; APNs 177-081-005-000; 177-081-006-000; and 177-081-007-000; and

d.                     FSZ Application No. 2024-07- Farmland Security Zone Application - Beverly Joan Morgantini, Trustee of the 1996 Morgantini Revocable Trust Under Declaration of Trust dated August 16, 1996; APNs 111-021-005-000 and 111-021-007-000;

5.                     Authorizing the Chair to execute FSZ Contracts for the recommended five (5) applications to create five (5) FSZs and Contracts for FSZ Application No. 2024-02, FSZ Application No. 2024-03, FSZ Application No. 2024-04, FSZ Application No. 2024-08 and FSZ Application No. 2024-09 and to execute one (1) FSZ Contract to partially approve FSZ Application No. 2024-10 to create FSZ No. 2024-10 and FSZ Contract No. 2024-10; and

6.                     Directing the Clerk of the Board of Supervisors to record the FSZ Contracts prior to the January 1, 2024 property tax lien date subject to the submittal of the corresponding recording fees by the property owners of record.

 

 

 

 

 

 

SUMMARY:

Each calendar year, the Board of Supervisors must consider Applications to Establish Agricultural Preserves (AgP) and enter into Land Conservation Contracts and Applications to Create Farmland Security Zones (FSZ) and enter into FSZ Contracts pursuant to the Land Conservation Act of 1965 (Williamson Act).  On November 7, 2023, the Board set December 5, 2023 as the date to hold a public hearing on this matter.

 

Approximately 802,282 acres of land in the unincorporated area of the County of Monterey (sometimes referred to as “County”) are presently under Williamson Act contract.  This year, ten (10) Williamson Act applications will be considered for 2024, including nine (9) applications for the creation of FSZs and to enter into FSZ Contracts and one (1) application to establish Agricultural Preserves and enter into Land Conservation Contracts.  See Attachment B for the list of 2024 Williamson Act Applications and Attachment C for the Map of each application location. 

 

Staff is recommending approval of five (5) applications and partial approval of one (1) application:  Applications Nos. 2024-02, 2024-03, 2024-04, 2024-08, and 2024-09, partial approval of 2024-10.  Staff is recommending that the Board continue Application Nos. 2024-01, 2024-05, 2024-06, and 2024-07 to the 2025 round of applications without prejudice to preserve the application fees that were submitted with these applications in 2023 for the 2024 round of applications.

 

DISCUSSION:

Overview of County’s Williamson Act Program

A Williamson Act Agricultural Preserve Land Conservation Contract and Farmland Security Zone and Contract are agreements between a property owner and the County whereby the landowner may receive a reduced property tax assessment by agreeing that their property is to be utilized solely for commercial agricultural production of food or fiber and a limited number of “compatible uses”.  The County of Monterey provides two (2) options for landowners who wish to restrict their land to commercial agricultural uses: Agricultural Preserves (AgP) and Farmland Security Zones (FSZ).  Entering into these contracts is entirely voluntary for both the landowner and the County.  The minimum initial term for an Agricultural Preserve and Farmland Security Zone Contract in the County of Monterey is 20 years.  Contracts renew annually on each succeeding January 1, unless either party files a “notice of nonrenewal.”  If a notice of nonrenewal is filed, the property taxes begin to rise as the contract runs out during the remaining years of the term.  Historically, local governments receive an annual subvention of forgone property tax revenues from the State through the Open Space Subvention Act of 1971.  Unfortunately, subvention payments were suspended in Fiscal Year 2009-2010 because of the State’s fiscal constraints.  Regardless of the availability of subvention funds, Williamson Act contracts between landowners and local governments, which provide for a reduced property tax valuation, remain in force.

 

The following Board of Supervisors’ Resolutions authorize the County to enter into contracts with private landowners:

§                     Board of Supervisors Resolution No. 01-485, “Amending Procedure for Agricultural

Preserves” as amended by Board of Supervisors Resolution No. 03-383. (Attachment D); and

§                     Board of Supervisors Resolution No. 01-486, “Amending Procedure for the Creation of

Farmland Security Zones (FSZ) and Contracts”; (Attachment E)

 

The two (2) programs share the following qualifications:

                     The parcel or group of contiguous parcels must consist of 100 or more acres.  However, land of 40 acres or more may be eligible if the Board finds that smaller preserves are necessary due to the unique characteristics of the agricultural enterprises in the area and that the establishment of preserves less than 100 acres is consistent with the general plan of the County.

                     Having a history of being used primarily for the commercial agricultural production of food or fiber for three (3) of the past five (5) years.

                     The property must generate at least $8,000 annually in agricultural gross income during three (3) of the past five (5) years or recently improved land must have the potential for generating $8,000 of gross income during the next succeeding year.

                     The land must be consistent with the County’s General Plan.

                     If the property is within one (1) mile of a city, that city shall be notified of their right to protest the application.

 

The Farmland Security Zone Program, commonly referred to as the Super Williamson Act Program, has an additional requirement that the land under contract must be at least fifty-one percent (51%) “predominantly prime, Farmland of Statewide Importance or Unique” farmland.  This is typically row crop.  Under this program, a property owner receives a greater tax reduction.  Lastly, the Farmland Security Zone Program requires that if an application is within the sphere of influence of a city, the County requires the applicant to provide a Resolution by the City of their approval of the application before the County can process the application. 

 

Before the applications are considered by the Board of Supervisors, the applications are reviewed by the Agricultural Preservation Review Committee (APRC) and the Agricultural Advisory Committee (AAC), respectively.  These committees review the application materials provided by the applicant against the requirements of both programs.  The APRC consists of staff from the Housing and Community Development (HCD) Planning Department, Agricultural Commissioner’s Office, Assessor’s Office, and the Office of the County Counsel.

 

2024 Round of Williamson Act Applications

This year, ten (10) Williamson Act applications will be considered for 2024, consisting of nine (9) applications for the creation of FSZs and to enter into FSZ Contracts and one (1) application to establish Agricultural Preserves and enter into Land Conservation Contracts.  The ten (10) applications under consideration total 23 parcels and approximately 3,156 acres.

 

The APRC assessed whether each application met the criteria and had complete materials. The applications were scheduled for the AACs review and recommendation on October 26, 2023, and November 16, 2023. However, both scheduled AAC meeting dates were canceled due to a lack of quorum. Therefore, the APRC made the determination to bring the ten (10) applications forward to the Board of Supervisors without the AACs recommendation.  One (1) of the applications lies within one mile of the City of Salinas (FSZ Application No. 2024-06 [Rocha]) which requires notification to the City of Salinas.  A letter notice was mailed to the City of Salinas on November 7, 2023 (see Attachment F).  No application is within the sphere of influence of a city.  The APRC considered the applications on October 12, 2023.  The APRC recommendations for each of the applications are summarized below:

 

AgP Application No. 2024-01  Owner - Coker Ellsworth Family Trust dated September 7, 2000, Shawn McNamara, Tom Thompson and Amy Thompson; APNs 423-071-030-000 and 423-071-055-000.  Recommendation by the APRCContinue without prejudice to the 2025 round of applications.

 

This application includes 627 acres comprised of two parcels in the Jolon Road area of Bradley for the Establishment of an Agricultural Preserve and Land Conservation Contract. The purpose of their request for an Agricultural Preserve is to add two newly acquired parcels to the adjacent parcels that are under an existing Agricultural Preserve and Land Conservation Contract No. 2001-02. The applicant reported that the current use of the parcels which are the subject of the application is hay and grazing land. During the APRC site visit of the property on October 5, 2023, the APRC did not witness a grazing operation or hay land. Since the property was recently purchased, the continuance of this application would allow the owner-applicants time to provide proof of commercial agricultural production or the potential for commercial agricultural production within the next succeeding year by submitting this proof before next year’s deadline of September 15, 2024.

 

FSZ Application No. 2024-02   Owner - The Clark Family Revocable Trust dated October 10, 2001, The Thomas Jr. and Margot Nunes Family Trust, pursuant to the Declaration of Trust dated December 20, 2005, The Clark Revocable Trust U/A/D February 8, 2023; APNs 183-021-021-000 and 418-381-009-000.  Recommendation by the APRCApprove.

 

FSZ Application No. 2024-03   Owner - The Clark Family Revocable Trust dated October 10, 2001, The Thomas Jr. and Margot Nunes Family Trust, pursuant to the Declaration of Trust dated December 20, 2005, The Clark Revocable Trust U/A/D February 8, 2023; APN 111-022-001-000.  Recommendation by the APRC: Approve.

 

FSZ Application No. 2024-04   Owner - Jackson Family Investments III, LLC, A Delaware Limited Liability Company; APNs 183-021-004-000 and 418-381-008-000.  Recommendation by the APRCApprove.

 

FSZ Application No. 2024-05   Owner - Berkshire Investments LLC, a California Limited Liability Company; APNs 267-044-005-000; 267-044-014-000; 267-044-015-000; and 267-044-016-000.  Recommendation by the APRC: Continue without prejudice to the 2025 round of applications.

 

This application includes 125 acres comprised of four parcels on San Miguel Canyon Road in North Monterey County. The property meets the primarily Prime Soils designation and the financial commercial agricultural requirements for an FSZ contract. However, during the review of this FSZ application, the Assessor’s Office found that the owner-applicant failed to report cost information for recent improvements on the parcels. The proposed improvements will potentially result in escaped assessments and/or re-assessment of property tax values for the property which is the subject of FSZ Application No. 2024-05. Once the required information has been submitted, the Assessor’s Office will need to determine the escaped assessments and/or property tax values. If the required information is timely received, the escaped assessments and/or the re-assessment of the property tax values will be included in the tax roll on or about February 2025, at the earliest. Currently, there is no baseline for the Assessor’s Office to determine the outstanding property taxes. The property tax value must be determined by the Assessor’s Office to calculate the Williamson Act restricted value. Therefore, the APRC recommends a continuance without prejudice to next year’s round of applications for the owner-applicant to work with the Assessor’s Office to submit the required tax valuation information.

 

FSZ Application No. 2024-06  Owner - Jose Luis Rocha and Alicia Rocha and Jose Guadalupe Rocha and Ana Maria Rocha; APNs 177-081-005-000; 177-081-006-000; and 177-081-007-000.  Recommendation by the APRCContinue without prejudice to the 2025 round of applications.

 

This application includes 82.75 acres comprised of three (3) parcels on Hunter Lane between the City of Salinas and the town of Spreckels. The property meets the primarily Prime Soils designation and the financial commercial agricultural requirements for an FSZ contract. Although the property is less than 100 acres in total, there are more than 40 acres included in the application which meets the intent of the special Board of Supervisors finding to allow smaller preserves to enter into Williamson Act contracts if these lands demonstrate unique characteristics of the agricultural enterprises of the area. The APRC found the subject parcels’ soil content is fundamentally rich and exceptionally productive and critically important to preserve in agriculture, especially since the land is in an area that has a higher threat of urban expansion as it is located between the City of Salinas and the town of Spreckels. This finding is consistent with the circumstances of two (2) other existing FSZs and FSZ contracts on Hunter Lane that are less than 100 acres, but over 40 acres: Martin Ranch (FSZ 2022-05; 59.61 acres) and the Scattini Ranch (FSZ 99-009; 45.8 acres).

 

The Rocha application has no issues with qualifying for an FSZ based on the soils and financial commercial agricultural requirements; however, the issue with the Rocha application is that one of the parcels which is the subject of the FSZ application has a pending code enforcement case due to construction work performed on a ranch house without the benefit of required construction permits. The APRC recommends that this application be continued without prejudice to next year’s round of Williamson Act applications to preserve the application fees paid for the FSZ application, pending compliance with the Code Enforcement Administrative Citation Letter sent to the applicant dated October 3, 2023.

 

FSZ Application No. 2024-07  Owner - Beverly Joan Morgantini, Trustee of the 1996 Morgantini Revocable Trust Under Declaration of Trust dated August 16, 1996; APNs 111-021-005-000 and 111-021-007-000.  Recommendation by the APRCContinue without prejudice to the 2025 round of applications.

 

This application includes 399.73 acres comprised of two (2) parcels on Arroyo Seco Road in Greenfield. The property meets the primarily Prime Soils designation and the financial commercial agricultural requirements based on their application submittal information for the creation of an FSZ and FSZ contract. However, during the review of this FSZ application, the Assessor’s Office found that the owner-applicant failed to report vineyard planting information for approximately 13 years. This information will potentially result in escaped assessments and/or re-assessment of property tax values for the property which is the subject of FSZ Application No. 2024-07. Once the required information has been submitted, the Assessor’s Office will need to determine the escaped assessments and/or property tax values. If the required information is timely received, the escaped assessments and/or the re-assessment of the property tax values will be included in the tax roll on or about February 2025, at the earliest. Currently, there is no baseline for the Assessor’s Office to determine the outstanding property taxes. The property tax value must be determined by the Assessor’s Office to calculate the Williamson Act restricted value. Therefore, the APRC recommends a continuance without prejudice to next year’s round of applications for the owner-applicant to work with the Assessor’s Office to submit the required tax valuation information.

 

FSZ Application No. 2024-08  Owner - Gary W. Pozzi and Nancy F. Pozzi and Ermalene Plaskett Family Trust dated September 2, 1999; APN 245-021-010-000.  Recommendation by the APRC: Approve.

 

FSZ Application No. 2024-09   Owner - Gary W. Pozzi and Nancy F. Pozzi and Ermalene Plaskett Family Trust dated September 2, 1999; APN 245-021-008-000.  Recommendation by the APRC: Approve.

 

FSZ Application No. 2024-010   Owner - Morgantini Ranches No. 1, A California General Partnership; APNs 419-491-004-000; 419-491-005-000; 419-491-006-000; 109-501-003-000 and 109-501-006-000.  Recommendation by the APRC: Partially approve with the exclusion of Assessor’s Parcel Number (APN) 419-491-004-000.

 

The APRC recommends that APN 419-491-004-000 consisting of 72.73 acres of Grazing Land, be excluded from the FSZ contract because said APN does not meet the soils criteria classification for the creation of an FSZ.  APN 419-491-004-000 is classified as “Grazing Land” and this classification does not qualify for an FSZ.  To qualify for an FSZ, the soils classification must be one or more of the following classifications: Prime Farmland, Farmland of Statewide Significance, Unique Farmland, or Farmland of Local Importance. Additionally, APN 419-491-004-000 is currently under a Williamson Act Contract, specifically Agricultural Preserve Land Conservation Contract No. 68-082.

 

Therefore, the APRC recommends that APN 419-491-004-000 be excluded from the proposed FSZ and FSZ contract. The rest of the APNs under FSZ Application No. 2024-10 would total approximately 204 acres which is well over the 100-acre minimum size required for the creation of an FSZ and FSZ contract.

 

OTHER AGENCY INVOLVEMENT:

Results from the APRC October 12, 2023 Meeting.  The APRC is comprised of representatives from the following County Departments: Housing and Community Development - Planning, Office of the County Counsel, the Assessor-Recorder’s Office, and the Agricultural Commissioner’s Office.  The APRC conducted site visits for each application on October 5, 2023, and reviewed all ten (10) of the 2024 applications on October 12, 2023. 

 

 

 

Recommendation for Approval: The APRC recommends the following five (5) applications be approved as they all meet the qualifications for the respective program. 

                     Application No. 2024-02, Clark, approximately 522.70 acres (FSZ)

                     Application No. 2024-03, Clark, approximately 405.80 acres (FSZ)

                     Application No. 2024-04, Jackson, approximately 335.40 acres (FSZ)

                     Application No. 2024-08, Pozzi, approximately 175.36 acres (FSZ)

                     Application No. 2024-09, Pozzi, approximately 193.11 acres (FSZ)

 

Recommendation for Partial Approval: The APRC recommends FSZ Application No. 2024-10, (Morgantini Ranches No. 1, a California General Partnership) be approved subject to excluding Assessor’s Parcel Number (APN) 419-491-004-000. FSZ Application No. 2024-10 includes five (5) APNs; 419-491-004-000, 419-491-005-000, 419-491-006-000, 109-501-003-000 and 109-501-006-000. Therefore, the APRC recommends partial approval of FSZ Application No. 2024-10 to include the following four (4) APNs; 419-491-005-000, 419-491-006-000, 109-501-003-000 and 109-501-006-000.

 

Application Nos. 2024-01, 2024-05, 2024-06 and 2024-07 - APRC Recommendation of Continue without Prejudice:  The APRC unanimously voted to recommend a “continuance without prejudice” to the 2025 round of applications to provide the owner-applicants with time to work through issues affecting their respective applications. The continuance would preserve the Williamson Act Application fees paid this year and not require the payment of application fees for the 2025 round of applications, subject to working through their respective application issues by next year’s Williamson Act application deadline of September 15, 2024. Applicants are required to update their financial information with the Assessor-Recorder’s Office as applicable.

 

Results from the Agricultural Advisory Committee (AAC) MeetingThe AAC was not able to review the 2024 applications due to a lack of quorum at two separate meetings scheduled on October 26, 2023, and November 16, 2023. Therefore, an AAC recommendation will not be presented at the Board of Supervisors hearing on December 5, 2023.

 

FINANCING:

Allowing the subject ten (10) applications to attain FSZ and AgP status will reduce the assessed valuation of each property involved. The estimated impact amounts for each of the ten (10) applications to be considered for approval are shown on the Financial Impact Report attached herein (Attachment G).

 

However, the Financial Impact Report will not have accurate estimated tax reductions for those applications that are being recommended for continuance since several of these applications have not been correctly assessed due to ownership non-reporting or incorrectly reporting actual site improvements. With this caveat, the Assessor’s Office estimates that the annual net tax loss, if the ten (10) applications are approved would be $242,578 without subvention payments and $224,890 with subvention payments. Subvention payments were suspended in Fiscal Year 2009-2010 because of the State’s fiscal constraints.

 

 

 

Nevertheless, there is a greater overall economic benefit for agricultural conservation. In June 2020, the Monterey County Agricultural Commissioner’s Office published the “Economic Contributions of Monterey County Agriculture Report” which estimated that agriculture in this County contributed $11.7 billion to the economy in 2018 alone.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The processing of Williamson Act Contract Applications in a timely manner represents the County’s effective and timely response to the Agricultural Commissioner’s and Housing and Community Development Department’s customer requests.  Additionally, the ability to maintain a Williamson Act Contract provides an economic benefit to the agricultural industry, which is a main economic driver of the County of Monterey. 

 

Check the related Board of Supervisors Strategic Initiatives:

X Economic Development

X Administration

Health & Human Services

Infrastructure

- Public Safety

 

Prepared by:  Kayla Nelson, Associate Planner, Housing and Community Development ext. 6408

Reviewed and Approved by: Craig Spencer, Acting Director of Housing and Community Development

 

This report was prepared with assistance by:

§                     Mary Grace Perry, Deputy County Counsel, Office of the County Counsel-Risk Management

§                     Gregg Macfarlane, Assistant Assessor-Valuation, Assessor-Recorder’s Office

§                     Marc Gomes, GIS Analyst, Agricultural Commissioner’s Office

§                     Nadia Garcia, Ag Resource and Policy Manager, Agricultural Commissioner’s Office

 

The following attachments are on file with the Clerk of the Board: 

Attachment A - Draft Board Resolution

Attachment B - List of 2024 Williamson Act Applications

Attachment C - County-wide Map- Monterey County 2024 Williamson Act

Attachment D - Board Resolution No. 01-485, as amended by Board Resolution No. 03-383 (Procedures for Agricultural Preserves)

Attachment E - Board Resolution No. 01-486 (Procedure for the Creation of Farmland Security Zones and Contracts)

Attachment F - County Notification Letter to City of Salinas dated November 7, 2023

Attachment G - Financial Impact Report for 2024 Williamson Act Applications

                     

cc: Front Counter Copy; Board of Supervisors; Juan Hidalgo, Agricultural Commissioner/Sealer of Weights and Measures, Agricultural Commissioner’s Office; Craig Spencer, Acting Director of Housing and Community Development; Nadia Garcia, Ag Resource and Policy Manager, Agricultural Commissioner’s Office; Mary Grace Perry, Deputy County Counsel, Office of the County Counsel-Risk Management; Gregg Macfarlane, Assistant Assessor-Valuation, Assessor-Recorder’s Office; Applicant/Owners and/or Applicant/Owners’ respective Legal Representatives/Agents; The Open Monterey Project; LandWatch; Lozeau Drury LLP; Project File REF230029.