Mendocino County Grand Jury • 2014-2015

The Williamson Act What is it?

Published: April 21, 2015 4 pages
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Findings and Recommendations 8 findings

F1
The Reporting Statement to Maintain Agricultural Preserve Eligibility provides the County with information enabling evaluation of whether continued participation in the Williamson Act is appropriate. The Statement says “Failure to fill out and file this form with the County constitutes a breach of your contract…”
Related Recommendations (3)
R1
the Agricultural Commissioner send the Reporting Statement, by registered mail, every two years as mandated by Code §22.08.090 (F1, F4, F5)
R2
the County enforce the sanctions for failure to file the Reporting Statement. (F1, F2)
R3
the Policy and Procedures, being written by the Resource Lands Protection Committee, be completed and taken before the Board of Supervisors for action in time to allow for the mailing of the Reporting Statement by September 1, 2015. (F1, F7, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Assessor, Mendocino County (All findings and all recommendations) • Agricultural Commissioner, Mendocino County (All findings and all recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Board of Supervisors, Mendocino County (All findings and all recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Pursuant to Penal Code §933.05, responses are requested from the following individual: • Director, Planning and Building Department (All findings and all recommendations) Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. 4
F2
When the County does not enforce this provision it could allow participants to receive an undeserved tax benefit. This could cause a loss of tax revenue to the County.
Related Recommendations (1)
R2
the County enforce the sanctions for failure to file the Reporting Statement. (F1, F2)
F3
In the past, if a property owner did not return the Reporting Statement, either the Assessor’s Office, Planning and Building Department or the Agricultural Commissioner’s Office would look at aerial photography maps, perform visual confirmation or use other means to determine compliance. However, that is not what the Ordinance states.
No recommendations for this finding
F4
The Reporting Statement to Maintain Agricultural Preserve Eligibility has not been sent out in six years. Because the statements have not been sent out, the Grand Jury believes there is a substantial possibility that a large number of parcels, which would have been removed, are still in the Williamson Act. This may have resulted in a loss of tax revenue for the County.
Related Recommendations (1)
R1
the Agricultural Commissioner send the Reporting Statement, by registered mail, every two years as mandated by Code §22.08.090 (F1, F4, F5)
F5
The annual Williamson Act property tax reduction is anywhere from 10 to 95 percent for a participant.
Related Recommendations (1)
R1
the Agricultural Commissioner send the Reporting Statement, by registered mail, every two years as mandated by Code §22.08.090 (F1, F4, F5)
F6
In 2014, the Board of Supervisors shortened the length of the Williamson Act contract from ten to nine years.
No recommendations for this finding
F7
The Policies and Procedures, currently being developed, would require proof of revenue which will show appropriate property use under the Williamson Act.
Related Recommendations (1)
R3
the Policy and Procedures, being written by the Resource Lands Protection Committee, be completed and taken before the Board of Supervisors for action in time to allow for the mailing of the Reporting Statement by September 1, 2015. (F1, F7, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Assessor, Mendocino County (All findings and all recommendations) • Agricultural Commissioner, Mendocino County (All findings and all recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Board of Supervisors, Mendocino County (All findings and all recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Pursuant to Penal Code §933.05, responses are requested from the following individual: • Director, Planning and Building Department (All findings and all recommendations) Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. 4
F8
For the timely mailing of the 2015-16 Reporting Statement, the Board of Supervisors must act on the proposed Policies and Procedures prior to September 1, 2015. 3
Related Recommendations (1)
R3
the Policy and Procedures, being written by the Resource Lands Protection Committee, be completed and taken before the Board of Supervisors for action in time to allow for the mailing of the Reporting Statement by September 1, 2015. (F1, F7, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individuals: • Assessor, Mendocino County (All findings and all recommendations) • Agricultural Commissioner, Mendocino County (All findings and all recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Board of Supervisors, Mendocino County (All findings and all recommendations) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda and open meeting requirements of the Brown Act. Pursuant to Penal Code §933.05, responses are requested from the following individual: • Director, Planning and Building Department (All findings and all recommendations) Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. 4

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Mendocino County County