Title
Agricultural Commission recommending the Board certify that the Notice of Non-Renewal for Williamson Act Contract No. 259/Keith Pettus and Celia Domingue-Pettus, APN No. 078-280-15 has been submitted and is consistent with Board of Supervisors' Policy C-9.
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Background:
A site visit concerning APN 078-280-15 (Williamson Act Contract # 259), by the Agriculture Department, was conducted on September 9, 2008, in accordance with BOS Policy C-9. At the time, it was noted that there was remnants of a vineyard (grape stakes, empty plastic sleeves, etc.) but no grapevines. There was no other agricultural activity occurring on the 40 acre parcel.
In response to the site visit, a certified letter was mailed to the owners of the parcel, Keith Pettus and Celia Domingue-Pettus, on September 23, 2008, notifying them that the Agricultural Department would be recommending the Non-renewal of WAC #259 to the Agricultural Commission on October 8, 2008, as the parcel did not meet the minimum requirements for a low intensive or high intensive farming operation. The certified letter was received by the Pettus on October 1, 2008. No response to the letter was received by the department.
After conducting a public hearing on October 8, 2008, the Agricultural Commission recommended the Non-renewal of WAC #259. On August 31, 2009, Bill Stephans and Chris Flores conducted a second site visit. This site visit confirmed that there has been no attempt by the parcel owners to re-establish a vineyard or conduct an agricultural operation (photo's attached in attachment Aand D). The property is located in the Pleasant Valley area, at the corner of Pleasant Valley Road and Bodega Way (Supervisorial District II).
Reason for Recommendation:
In accordance with BOS Policy C-9, property owners taking advantage of the tax benefits under the Williamson Act must continue to comply with the requirements of the Act. On October 8, 2008, the Agricultural Commission determined that this property was not being used in a manner consistent with the Williamson Act requirements. After approximately one year of inactivity, the second site visit of August 31, 2009 confirmed the Agricultural Commission's previous determination.
Action to be taken following Board approval:
Board Clerk to send non-renewal notification letter to the Secretary of the Department of Conservation.
Board Clerk to send non-renewal notification letter signed by the Chair to Keith and Celia Domingue Pettus
Contact:
Myrna Tow 6647