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State of California The Resources Agency <br /> MEMORANDUM <br /> To: Project Coordinator <br /> ® � Date. December 21 , 1999 <br /> Resources Agency <br /> Mr. Tom Gau <br /> San Joaquin County Community °� "•�� 9�°- -; <br /> Development Department DIC 2 <br /> 1810 East Hazelton Avenue 1�9s <br /> Stockton, CA 95205 <br /> Community Development Ge <br /> From: Department of Conservation <br /> Office of Governmental and Environmental Relations <br /> Subject: Draft Environmental Impact Report (DEIR) for Austin Road Landfill <br /> Expansion Project - SCH# 90020718 <br /> The Department of Conservation's Division of Land Resource Protection (Division) <br /> monitors farmland conversion on a statewide basis and administers the California Land <br /> Conservation (Williamson) Act. The Division has reviewed the above DEIR addressing the <br /> City of Stockton's sale of the permitted Austin Road Landfill, including the expansion areas, <br /> to a private firm. (The actual expansion project remains the same as addressed in a <br /> certified 1991 environmental impact report.) The Division offers the following specific <br /> comments regarding a portion of the project area, the 83-acre Brocchini parcel, which was <br /> formerly under a Williamson Act contract when acquired by the City for landfill purposes <br /> Government Code Section 51295 (attached) requires that the City provide notice to <br /> the Director of the Department of Conservation, currently Darryl Young, prior to returning <br /> publicly acquired contracted land to private ownership. Government Code Section 51295 1 <br /> also requires that the formerly contracted land be reenrolled in a new Williamson Act <br /> contract, or be re-encumbered under an equally limiting enforceable deed restriction, <br /> before being transferred to a private owner. The duration of the new enrollment or deed <br /> restriction is determined by subtracting the length of time the land was held by the public <br /> agency from the number of years that remained on the original contract at the time of <br /> acquisition. Of course, if the land has been held by the City at least as long as the term of <br /> the contract at the time of its acquisition, the above requirements do not apply. <br /> If the land being sold does not meet the above criteria (i.e., if formerly under a <br /> Williamson Act contract prior to being legally acquired by-the City, was held by the City <br /> for at least as long as the remaining term of the contract at the time of acquisition), then <br /> it cannot be sold and transferred without first being re-encumbered as specified by <br /> Section 51295. <br /> 34 <br />