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<br />7A - ATTACHMENT NO.2 <br />Page 41 <br /> <br />2. Law or Regulation Establishing Jurisdiction. <br /> <br />a. Williamson Act -- Government Code Section 51200 et seq. <br /> <br />3. Standards for Issuing Permits/Findings/Mitigation Requirements. <br /> <br />The purpose of the Williamson Act is to encourage preservation of agricultural <br />and open space lands. The Williamson Act allows local agencies and landowners to enter <br />into voluntary agreements. During the period the agreement is in effect, the landowner <br />receives favorable property tax treatment, in exchange for committing to not subdivide <br />the property or otherwise use the property in a manner inconsistent with its agricultural <br />purposes. Land devoted to salt ponds is eligible for such contracts. (Gov. Code, ~ <br />51201, subds. (k), (0)(3).) <br /> <br />Williamson Act contracts generally have an initial term of ten or more years. The <br />Act provides that, on the anniversary date of the contract, or such other annual date as <br />specified by the contract, a year will be added automatically to the initial contract term <br />unless the landowner files a "notice of nonrenewal." (Gov. Code, ~ 51244.) <br /> <br />A landowner whose property is subject to a Williamson Act contract may file a <br />notice of nonrenewal with the City. Once the landowner files a notice of nonrenewal, the <br />automatic extensions cease and the contract expires at the end of its term. (Gov. Code, ~ <br />51246.) <br /> <br />Most of the Saltworks property is subject to a Williamson Act contract between <br />Cargill and the City. On October 2, 2009, Cargill filed a notice of nonrenewal of its <br />Williamson Act contract. The contract will therefore expire in roughly ten years. <br />Expiration is automatic. <br /> <br />As an alternative to waiting ten or so years, a landowner can file a petition for <br />immediate cancellation. We do not know whether Cargill intends to file such a petition. <br />Such a petition would be filed with, and considered by, the City. To approve the petition, <br />the City would have to follow specific procedures and adopt certain findings, and Cargill <br />would have to pay a cancellation fee, to be determined based on an assessment of the <br />property. Although the Department of Conservation ("DOC") does not have direct <br />approval authority over a cancellation petition, the Williamson Act provides DOC with <br />specific opportunities to review and comment on the petition. The Act also provides <br />DOC with opportunities to challenge the cancellation or assessment. Such authority <br />would not arise, however, unless and until Cargill files a petition for immediate <br />cancellation. <br /> <br />41 <br />