File #: 24-709    Name: REF240030 - WILLAMSON ACT CONTRACTS 2025
Type: General Agenda Item Status: Housing & Community Development - Consent
File created: 10/25/2024 In control: Board of Supervisors
On agenda: 11/12/2024 Final action:
Title: a. Find that the consideration of thirteen (13) Williamson Act Applications, consisting of one (1) Application for the Establishment of an Agricultural Preserve (“AGP”) and Land Conservation Contract (“LCC”) and twelve (12) Applications for the Creation of Farmland Security Zones (“FSZ”) and corresponding FSZ Contracts Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations (CCR), Title 14, Chapter 3, Article 19, Categorical Exemptions, CEQA Guidelines CCR Section 15317 Open Space Contracts or Easements(Class 17 establishment of agricultural preserves) and there are no exceptions pursuant to CEQA Guidelines CCR Section 15300.2. b. Set a Public Hearing for December 3, 2024, at 10:30 A.M., to consider 13 Williamson Act Applications consisting of one (1) Application to Establish an AGP-LCC and 12 Applications to create an FSZ and enter into corresponding FSZ Contracts including: 1. AGP-LCC Application No. 2025-01 - Coker E...
Attachments: 1. Board Report, 2. Attachment A - Notice of Public Hearing for December 3, 2024, 3. Attachment B - Board Resolution No. 03-383 (Procedures for Agricultural Preserves), 4. Attachment C - Board Resolution No. 01-486 (Procedure for the Creation of Farmland Security Zones and Contracts), 5. Attachment D - 2025 Application Matrix, 6. Attachment E - Map of the 2025 Williamson Act Applications, 7. Completed Board Order Item No. 83
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Title

a. Find that the consideration of thirteen (13) Williamson Act Applications, consisting of one (1) Application for the Establishment of an Agricultural Preserve (“AGP”) and Land Conservation Contract (“LCC”) and twelve (12) Applications for the Creation of Farmland Security Zones (“FSZ”) and corresponding FSZ Contracts Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations (CCR), Title 14, Chapter 3, Article 19, Categorical Exemptions, CEQA Guidelines CCR Section 15317 Open Space Contracts or Easements(Class 17 establishment of agricultural preserves)  and there are no exceptions pursuant to CEQA Guidelines CCR Section 15300.2.

b. Set a Public Hearing for December 3, 2024, at 10:30 A.M., to consider 13 Williamson Act Applications consisting of one (1) Application to Establish an AGP-LCC and 12 Applications to create an FSZ and enter into corresponding FSZ Contracts including:

 

1. AGP-LCC Application No. 2025-01 - Coker Ellsworth Family Trust dated September 7, 2000, Shawn McNamara, Tom Thompson and Amy Thompson; Assessor’s Parcel Numbers (APNs) 423-071-030-000 and 423-071-055-000; Approximately 627 acres in the South County Area Plan;

 

2. FSZ Application No. 2025-02 - 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; Approximately 125 acres in the North County Area Plan;

 

3. FSZ Application No. 2025-03 - R2 Hunter, LLC, a California Limited Liability Company; APNs 177-081-005-000; 177-081-006-000; and 177-081-007-000; Approximately 83 acres in the Greater Salinas Area Plan;

 

4. FSZ Application No. 2025-04 - The 1996 Morgantini Revocable Trust Under Declaration of Trust dated August 16, 1996, Beverly Joan Morgantini, Trustee; APNs 111-021-005-000 and 111-021-007-000; Approximately 400 acres in the Central Salinas Valley Area Plan;

 

5. FSZ Application No. 2025-05 - Silacci Family Trust dated June 21, 1982, as to a 50% interest Kenneth A. Salicci Separate Property Trust dated November 16, 2010, as to 50% interest; APN 135-111-005-000; Approximately 105 acres in the Greater Salinas Area Plan;

 

6. FSZ Application No. 2025-06 - Sair Partnership 9 LLC Ranch, a Delaware Limited Liability Company; APNs 223-031-019-000 and 223-071-002-000; Approximately 239 acres in the Central Salinas Valley Area Plan;

 

7. FSZ Application No. 2025-07 - Ticino California LLC, a California Limited Liability Company; APN 221-011-016-000; Approximately 130 acres in the Central Salinas Valley Area Plan;

 

8. FSZ Application No. 2025-08 - Riboli Doctor’s Vineyard LLC, a California Limited Liability Company; APN 165-013-003-000; Approximately 339 acres in the Central Salinas Valley Area Plan;

 

9. FSZ Application No. 2025-09 - Irene P. Guidotti and John E. Guidotti, Co-Trustees of the Exemption Trust under the 1995 Guidotti Revocable Trust dated January 12, 1995, John E. Guidotti, a married man as his sole and separate property, Janice Andreotti, an unmarried woman, as her sole and separate property, Ella J. Guidotti, Trustee of the 1997 Ella J. Guidotti Revocable Trust dated February 6, 1997,  James E. Guidotti and Paula A. Guidotti, Trustees of the 1998 James & Paula Guidotti Revocable Trust dated March 17, 1998, Roy Anthony Marci and Dorothy Rose Marci, Trustees of the 1992 Marci Revocable Trust dated June 26, 1992, Milton Guidotti and Rosemary Guidotti, Trustees of the 1995 Milton & Rosemary Guidotti Revocable Trust dated December 28, 1995, and Fred H. Guidotti and Judy P. Guidotti, Trustees of the Guidotti Family Trust dated July 19, 2006; APN 165-072-002-000; Approximately 125 acres in the Central Salinas Valley Area Plan;

 

10. FSZ Application No. 2025-10 - Ella J. Guidotti, Trustee of the 1997 Ella J. Guidotti Revocable Trust dated February 6, 1997, James E. Guidotti and Paula A. Guidotti, Trustees of the 1998 James & Paula Guidotti Revocable Trust dated March 17, 1998, Roy Anthony Marci and Dorothy Rose Marci, Trustees of the 1992 Marci Revocable Trust dated June 26, 1992, Milton Guidotti and Rosemary Guidotti, Trustees of the 1995 Milton & Rosemary Guidotti Revocable Trust dated December 28, 1995,  James E. Guidotti and Paula A. Guidotti, Trustees of the 1998 James & Paula Guidotti Revocable Trust U/D/T dated March 17, 1998, Elmer J. Guidotti and Irene P. Guidotti, Trustees of the 1995 Guidotti Revocable Trust U/D/T dated January 12, 1995, Irene P. Guidotti and John E. Guidotti, Co-Trustees of the Exemption Trust under the 1995 Guidotti Revocable Trust dated January 12, 1995,  John E. Guidotti, Janice Andreotti, and Fred H. Guidotti and Judy P. Guidotti, Trustees of The Guidotti Family Trust dated July 18, 2006; APN 183-021-032-000; Approximately 326 acres with +/- 280 farmable acres in the Central Salinas Valley Area Plan;

 

11. FSZ Application No. 2025-11 -  Lisette Moore Allen, Successor Trustee of the Joe S. Moore Trust Agreement dated April 27, 2000 (APN 167-052-005-000); Lisette Moore Allen, Successor Sole Trustee of the Joe S. Moore Trust Agreement dated April 27, 2000 and The Louis and Myrna Moore Family Trust, initially created October 4, 2000, Louis Charles Somavia Moore and Myrna Silvia Zepeda Moore as Trustees (APN 223-011-041-000); Approximately 284 acres in the Central Salinas Valley Area Plan;

 

12. FSZ Application No. 2025-12 - Arroyo Vineyards LLC, a Delaware Limited Liability Company; APNs 109-391-013-000 and 419-491-007-000; Approximately 186 acres in the Central Salinas Valley Area Plan;

 

13. FSZ Application No. 2025-13 - Arroyo Vineyards LLC, a Delaware Limited Liability Company; APNs 183-021-008-000; 183-021-016-000; 183-021-033-000; and 183-021-034-000; Approximately 318 acres in the Central Salinas Valley Area Plan; and

 

c. Direct the Clerk of the Board of Supervisors to publish the Notice of Public Hearing for the Public Hearing to take place on December 3, 2024, at 10:30 A.M., to consider one (1) Application to Establish an Agricultural Preserve and 12 Applications to Create Farmland Security Zones and enter into corresponding Williamson Act AGP-LCC and FSZ Contracts as set forth in the Applications listed above.

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RECOMMENDATION:

It is recommended that the Board of Supervisors:

Set a public hearing for December 3, 2024, at 10:30 A.M. to consider the 2025 Williamson Act Applications, to establish one (1) Agricultural Preserve (“AGP”) and Land Conservation Contract (“LCC”) and to create 12 Farmland Security Zones (“FSZ”) and FSZ Contracts.

 

SUMMARY:

Each calendar year, the Board of Supervisors must consider Applications to Establish AGPs and LCCs and Applications to Create FSZs and corresponding FSZ Contracts pursuant to the Land Conservation Act of 1965 (Williamson Act).  This year, 13 Williamson Act Applications for 2025, including one (1) Application to Establish an AGP and enter into an LCC, and 12 Applications for the Creation of FSZs and enter into corresponding FSZ Contracts will be considered.  The 13 applications being considered this year include 5 applications from the 2024 round of applications (submitted for the January 1, 2024, property tax lien date) which were continued without prejudice to the 2025 round of applications to preserve the application fees while the owner-applicants resolved issues related to application eligibility criteria.

 

DISCUSSION:

Williamson Act AGP-LCC and FSZ Contracts consist of agreements between landowners and the County whereby the landowners 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 compatible uses as set forth in the Board of Supervisors approved list of compatible uses as applicable to AGPs and FSZs, respectively.  Williamson Act Contracts are established with an initial 20-year term which renews annually on January 1 of each succeeding year to add one (1) additional year to the term unless notice of nonrenewal is provided by the landowner or County.

 

The Agricultural Preservation Review Committee (APRC) which consists of staff from the Department of Housing and Community Development (HCD-Planning), Agricultural Commissioner’s Office, Assessor-Recorder’s Office, and the Office of the County Counsel reviewed the 2025 Williamson Act Applications on October 3, 2024.  The Monterey County Agricultural Advisory Committee (AAC) will consider the 2025 Williamson Act Applications on October 24, 2024.  Because this item must be set for a noticed public hearing, the December 3, 2024, staff report will provide the Board of Supervisors with recommendations from the APRC and the AAC regarding each of the applications.  Board action is required to establish, by contract, AGP and FSZ status for those selected applications, to commence in the year 2025, if the subject property meets the criteria pursuant to Board Resolution No. 01-485, as amended by Board Resolution No. 03-383 (Procedures for Agricultural Preserves) (Attachment B) and Board Resolution No. 01-486 (Procedure for the Creation of Farmland Security Zones and Contracts) (Attachment C). 

 

Approximately 802,280 acres of land within the unincorporated area of the County of Monterey are presently under Williamson Act Contract.  The 13 applications under consideration total 26 parcels and approximately 3,287 acres.  Agricultural Preserves are generally comprised of “non-prime” (typically grazing) lands, whereas Farmland Security Zone acreage must be comprised of at least fifty-one percent (51%) “predominantly prime” farmland (typically row crop).

 

Attached to this report is the 2025 Application Matrix (Attachment D) listing the name, acreage and parcel number(s) and General Plan/Area Plan location, for applications submitted, and a large-scale map (Attachment E) showing the general locations of the proposed applications. 

 

OTHER AGENCY INVOLVEMENT:

The APRC, consisting of staff from HCD-Planning, Agricultural Commissioner’s Office, Assessor-Recorder’s Office, and the Office of the County Counsel reviewed the 2025 Williamson Act Applications on October 3, 2024.  The Monterey County Agricultural Advisory Committee (AAC) will consider the 2025 Williamson Act Applications on October 24, 2024.  The APRC and AAC’s recommendations will be provided in the Board Report for the Public Hearing on December 3, 2024.  

 

FINANCING:

In the event that the Board of Supervisors decides to approve the applications and enter into these Contracts at the December 3, 2024, hearing, the assessed valuation of properties placed under said Contracts shall be reduced to their respective restricted values, resulting in a property tax reduction.  An estimate of the net tax reduction will be provided in the Board Report for the Public Hearing on December 3, 2024. 

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The processing of Williamson Act Applications in a timely manner represents the County’s effective and timely response to customer requests by HCD-Planning, the Agricultural Commissioner’s Office, the Assessor-Recorder’s Office, and the Office of the County Counsel.  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 by: Mary Israel, Supervising Planner, Housing and Community Development

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

 

This report was prepared with assistance by:

§                     Mary Grace Perry, Deputy County Counsel, Office of the County Counsel

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

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

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

 

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

Attachment A - Notice of Public Hearing for December 3, 2024, at 10:30 A.M.

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

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

Attachment D - 2025 Application Matrix

Attachment E - Map of the 2025 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, Director of Housing and Community Development; Nadia Ochoa, Ag Resource and Policy Manager, Agricultural Commissioner’s Office; Mary Grace Perry, Deputy County Counsel, Office of the County Counsel;  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 REF240030.