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HomeMy WebLinkAbout11-121Resolution A RESOLUTION OF THE BUTTE COUNTY BOARD OF 5UPERVISORS IMPLEMENTING AN AMENDED WILLIAMSON ACT PROGRAM FOR 2012 UNDER AB 1265 WHEREAS, the State passed the California hand Conservation (Williamsan) Act in 1965 to promote the general welfare and protect the public interest in agricultural land; and WHEREAS, the Williamson Act enables local governments to enter into enforceable contracts with private landowners far the purpose of restricting specific parcels of land to agricultural ar open space use; and WHEREAS, in return, landowners receive property tax assessments which are substantially lower because they are based upon agricultural and open space use; and WHEREAS, under the Open Space Subvention Act, the State has provided subvention payments to local governments to offset the property tax revenues foregone under the Williamson Act; and WHEREAS, until 2008, Butte County received adequate annual subvention payments to offset the foregone property revenues; and WHEREAS, during the last three years State subvention payments have been substantially less than needed to offset the foregone property tax revenues; and WHEREAS, AB 1265 allows local jurisdictions to amend their Williamson Act program in any year in which subvention payments during the previous fiscal year were less than one-half of the foregone property tax revenues; and WHEREAS, amendment of the County's Williamsan Act program under AB 1265 requires a reduction in the term of affected Williamson Act contracts from ten years to nine years, for the duration of the period during which AB 1265 is implemented; and WHEREAS, the decrease in affected contract terms under AB 1265 would restore to the County a substantial portion of the property taxes foregone under the Williamson Act because property taxes would be increased commensurate with the reduction in the term of the contracts; and WHEREAS, implementation of an amended Williamson Act program under AB 1265 shall be suspended for any subsequent year in which subvention payments for the previous fiscal year exceed one-half of the foregone general fund property tax revenue. NOW THEREFORE, BE lT RESOLVED that the Butte County Board of Supervisors: 1. Finds that State payments for fiscal year 2011-2012 under the Open Space Subvention Act are less than one-half of Butte County's actual foregone general fund property tax revenue; 2. Implements the provisions of AB 1265 effective .lanuary 1, 2012; 3. Adopts amended Bufe County Adminisfrafive Procedures and Uniform Rules for Implemenfing fhe California Land Conservafian (Williamson) Acf in order to implement AB 1265; and 4. Establishes the deadline to apt out of the amended Williamson Act contracts by submitting a notice of non-renewal as February 1, 2012. DULY PASSED AND ADOPTED this 25~h Day of October 2011, by the following vote: AYES: Supervisors Connelly, Wahl, Yamaguchi and Chair Lambert NOES: Supervisor Kirk ABSENT: None ABSTAIN: None Steve Lambe hair Board of Su rvisors ATTEST: Paul H~n, C of Administrative ff er and Clerk~bf tt~e 4~rd,