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HomeMy WebLinkAboutMINUTES - 04202004 - C43 TO: BOARD OF SUPERVISORS =� ' � `; CONTRA FROM: John Sweeten,County Administrator -s COSTA COUNTY DATE: April 20,2004 SUBJECT: Support SB 1820(Machado)—Williamson Act SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): SUPPORT SB 1820(Machado)which would require a city to succeed to the rights,powers and duties of a county's Williamson Act contract when the city annexes land, as recommended by the Community Development Director. BACKGROUND/REASON(S)FOR RECOMMENDATIONtS): The Board ofSupervisors 2004 State Legislative Platform includes the following policy position: SUPPORT efforts to promote economic incentives for "Smart Growth", including infill and transit oriented development. " SB 1820(Machado) is consistent with this overall policy to encourage Smart Growth, since, effective January 1, 2006, it requires a city to succeed the to rights, powers, and duties of the county when it annexes land under a Williamson Act land conservation contract between the landowner and the county. A city is currently allowed the option of not succeeding the county when it annexes land subject to a Williamson Act contract. CONTINUED ON ATTACHMENT: /1 YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATIO ARD COMMITTEE —APPROVE � OTHER SIGNATURE(S): ACTION OF BOARD ON Vftl 20, APPROVED AS RECOMMENDED_=THER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS{ABSENT Nave I TRUE AND CORRECT COPY OF AN AYES: NOES. ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN, Contact:Sara Hoffman,335-1094 ATTESTED April 20, 2IXJ4 cc CAC} JOHN SWEETEN,CLERK OF Community Development dept. THE BOARD OF SUPERVISORS State Lobbylet AND COUNTY ADMINISTRATOR 40_AL� BACKGROUND/REASON(S)FOR RECOMMENDATION (c©nt'd): The Williamson Act Program has not only been successful in helping to preserve agricultural land in Contra Costa County, but it has helped to channel growth into areas in the county that more suitable for urban development. There are several locations in Contra Costa County where viable agricultural land, which is subject to a Williamson Act contract, could be annexed by a city and brought out of agricultural production. In such a case, the city may at its own option choose not succeed the County and allow the subject to be developed without following procedures under the Williamson Act for cancellation or early termination of a contract. Removing this option would mean that when a city annexes land under a Williamson Act contract it must follow the same procedure as the county when it considers an early termination of the contract. Closing this option could discourage a city from prematurely annexing land which is deemed to be viable for agricultural production, according to the criteria for establishing a Williamson Act contract. SENATE BILL NO. 1820 Introduced by Senator Machado February 20, 2004 An act to amend Sections 51203,51243.6, 56738,and 56754 of,and to amend,repeal, and add Section 51243.5 of, the Government Code, relating to land conservation. LEGISLATIVE COUNSEUS DIGEST SB 1820, as introduced, Machado. Land conservation contracts. (I) Existing lave makes the current fair market valuations required to determine the cancellation fee for removing land from a Williamson Act conservation subject to appeal to the county board of equalization. This bill instead would require the Department of Conservation, if it determines those current fair market valuations are inaccurate, to so inform the board of supervisors or city council considering the cancellation petition, and specifies the formula for the basis of the valuation for the cancellation penalty. (2) Existing law provides that when a city annexes land that is subject to a Williamson Act land conservation contract between the landowner and the county, the city may exercise an option to not succeed to rights,powers,and duties of the county under the contract in specified circumstances. This bill would repeal that option on January 1,2006,and require that the city succeed to the contract when land under contract is annexed to the city. The bill would make related changes. 'dote: majority appropriation: no. Fiscal committee. yes. State-mandated local program. no. 99 SB 1820 —2— The --2 -- The people of the State of`Cali California do enact as follows: I. SECTION 1. Section. 51203 of the Government Code is 2 amended to read: 3 51243. T4w-1`f the Department of Conservation determines 4 that the current fair market valuations referred to in Section 51283; 5 6 7 are not accurate, the department 8 shall so inform the board of supervisors or city council considering 9 the petition to cancel the contract. After the department has 14 notzfaed the hoard or council, the basis for the valuation of the II Cancellation penalty shall be the greater of the two following 12 amounts: 13 (a) The original amount of the current fair market value of the 14 property determiner)by the county assessor pursuant to Section 15 .51283. 16 (b) An independent appraisal on beha(qf the department that 17 calculates current unmstricted fair market value of the property as 18 of it were presently available use for which it is proposed. 19 SEC. 2. Section.51243.5 of the Government Code is amender) 24 to read: 21 512435, (a) This section shall apply only to Land that was 22 within one mile of a city boundary when a contract was executed 23 pursuant to this article and for which the contract was executed 24 prior to January 1, 1991. 25 (b) For any proposal that would result in the annexation to a city 26 of any land that is subject to a contract under this chapter,the local 27 agency formation commission shall determine whether the city 28 may exercise its option to not succeed to the rights, duties, and 29 powers of the county under the contract. 3€1 (c) In making the determination required by subdivision (b), 31 pursuant to Section 51206, the local agency formation 32 commission may request, and the Department of Conservation 33 shall provide, advice and assistance in interpreting the 34 requirements of this section.If the department has concerns about 35 an action proposed to be taken by a local agency formation 36 commission pursuant to this section or Section 51243.6, the 37 department shall advise the commission of its concerns,whether 38 or not the commission has requested it to do so.The commission 99 -3— SB 1820 1 shalt address the department's concerns in any hearing to consider 2 the proposed annexation or a city's determination whether to 3 exercise its option not to succeed to a contract, and shalt 4 specifically find that substantial evidence exists to show that the 5 city has the present option under this section to decline to succeed f to the contract. 7 (d) A city may exercise its option to not succeedto the rights, 8 duties,and powers of the county under the contract if both of the 9 following had occurred prior to December 8, 1971: 10 (1) The land being annexed was within one mile of the city's 11 boundary when the contract was executed. 12 (2) The city had filed with the county beard of supervisors a 13 resolution pretesting the execution of the contract. 14 (e) A city may exercise its option to not succeed to the rights, 15 duties, and powers of the county under the contract if each of the 16 following had occurred prior to January 1, 1991: 17 (1) The land being annexed was within one mile of the city's 18 'boundary when the contract was executed. 19 (2) The city had filed with the local agency formation 20 commission a resolution protesting the execution of the contract. 21 (3) The local agency formation commission had held a hearing 22 to consider the city's protest to the contract. 23 (4) The local agency formation commission had found that the 24 contract would be inconsistent with the publicly desirable future 25 use and control of the land. 26 (5) The local agency formation commission had approved the 27 city's protest. 28 (f) It shall be conclusively presumed that no protest was filed 29 by the city unless there is a record of the filing of the protest and 30 the protest identifies the affected contract and the subject parcel. 31 It shall be conclusively presumed that required notice was given 32 before the execution of the contract. 33 (g) The option of a city to not succeed to a contract shall extend 34 only to that part of the land that was within one mile of the city's 35 boundary when the contract was executed. 36 (h) If the city exercises its option to not succeed to a contract, 37 then the city shall record a certificate of contract termination with 38 the county recorder at the same time as the executive officer of the 39 local agency formation commission files the certificate of 40 completion pursuant to Section 57203. The certificate of contract 9s E 3 SB 1820 —4 - 1 4 --- 1 termination shall include a legal description of the land for which 2 the city terminates the contract, 3 (1) This section shall remain in effect only until January 1, 4 2006, and shall have no force or effect on or after that date, unless 5 a later enacted statute that is chaptered before January 1, 2006, 6 deletes or extends that date. 7 SEC. 3. Section 51243.5 is added to the Government Cade,to 8 read: 9 512.43.5. On and after January 1,2006,no city may decline to 14 succeed to the terms of a Williamson Act contract when land I 1 subject to a contract is annexed to the city. 12 SEC. 4. Section 51243.6 of the Government Code is amended 13 to read: 14 51243.6. The Legislature finds and declares the following: 15 (a) The enforceability of contracts entered into pursuant to this 16 article is necessary to permit the preferential taxation provided to 17 the owners of land under contract,pursuant to Section 8 of article 18 X111 of the California Constitution. 19 (b) The option granted to a city pursuant to Section 51.243.5 to 20 elect not to succeed to a contract may be held only by the city and 21 only with respect to annexations approved by the local agency 22 formation commission prior to January 1, 2006. 23 (c) *10 contracting landowner has a reasonable expectation that 24 a contract can be terminated immediately pursuant to this article 25 without penalty. 26 SEC, 5. Section 56738 of the Government Code is amended 27 to read: 28 56738. If the proposal would result in the annexation to a city 29 of land that is subject to a contract executed pursuant to the 30 Williamson act(Chapter 7 (commencing with Section 51200)of 31 Division 1), thea the petition shall state whether the city shall 32 succeed to the contract pursuant to Section 51243 or whether the 33 city intends to exercise its option to not succeed to the contract 34 pursuant to Section 51243.5. The city's option to not succeed to the 35 contract, if any, shall exist only for annexations approved by the 36 commission prior to January 1, 2006, 37 SEC. 6. Section 56754 of the Government Code is amended 38 to read: 39 56754. (a) If a change of organization or reorganization 40 approved by the commission prior tD Januarys 1, 2006, would result s� - 5— SB 1820 1 in the annexation to a city of land that is subject to a contract 2 executed pursuant to the Wiffliamson Act(Chapter 7(commencing 3 with. Section 51 X 0) of Division 1), the commission, based on 4 substantial evidence in the record, shall determine one of the 5 following: 6 fft�" 7 (1) That the city shall succeed to the rights,duties,and powers 8 of the county pursuant to Section 51243,or 9 (b)- 10 (2) That the city may exercise its option to not succeed to the 11 rights, duties, and powers of the county pursuant to Section 12 51243.5. 13 tb% if a change flfotganization or reorganization approved by 14 the commission on or of er January 1, 2006, would result in the 15 annexation to a city of land that is subject to a contract executed 16 pursuant to the Williamson Act (Chapter 7 (commencing with 17 Section 51200)of Division 1), the commission shall determine that 18 the city shall succeed to the rights duties, acrd powers of the county 19 pursuant to Section 51.242. D 99