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178 Mr. Harry Jackson, Secretary and Counsel, Leslie Salt Co., explained that cancellation fee as provided under the Code is an attempt to expiate taxing jurisdictions, and that cancellation cannot be invoked simply because, for example, the owner decides he had a better use to which the land could be put. It must be by mutual agreement, and the City must approve. He added there are also situations where City would not want to impose a cancellation fee. In Council discussion, it was determined that while State approval is not required, the Director of Agriculture requires a copy of the application, as an informational matter. It was also questioned whether inquiries had been made concerning putting the land to other uses, and City Manager stated there had been no communications received relative to use other than that proposed. Mr. Jackson urged Council to approve the Preserve, and requested that action of Council include authority for the Mayor to execute the Land Conservation Contract to implement procedures spelled out in Williamson Act. Some concern was expressed by Councilman Henderson relative to applying the designation for open space to the whole of the area proposed, since portions had been indicated in a study done by the City in 1965 on land use to be located where industrial development should be encouraged. She indicated she would like an examination of change in boundary to permit immediate availability for portential development of a specified area. Mr. Jackson advised that the Bay Plan Commission urges that salt ponds and managed wet lands remain in those uses. The relatively undeveloped land adjacent to Redwood Creek would require substantial conversion to take it out of salt production. Mr. Coleman Johnson, President, Leslie Properties, added that in the event of Port expansion, this would be an instance where the Preserve could be rescinded, to allow going to a higher type development. Council continued discussion concerning potential for diverting portions of the land for industrial use, and it was felt there was sufficient protection for both City and Leslie in the event of future proposal for changes. City Attorney advised Council that the law required report from Planning Director must make the finding that proposed agricultural preserve is consistent or inconsistent with General Plan, and in absence of such plan, that the proposal at least is not inconsistent with proposed General Plan, Councilman Keckley moved to close the public hearing, seconded by Councilman Weymouth and carried. Councilman Weymouth moved to adopt RESOLUTION NO, 6277 ESTABLISHING AGRICULTURAL PRESERVE NO. 1 (LESLIE SALT CO.), seconded by Councilman Keckley. Motion carried on roll call vote.