Agenda - Item 8-a - Minutes - Laserfiche WebLink

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6 terms of the conservation easements as real estate developers come into this part of the 1 County looking for development opportunities. We worry that turning a blind eye to 2 easement violations and lax enforcement will set a precedent that leads to undesired 3 consequences in the near future. We also believe it will significantly impact the ability of 4 the County to attract new properties into the Lands Legacy program as landowners see 5 developers abused existing easements. If we are to protect this land into the future, the 6 County must now take up the challenge and defend these conservation easements with 7 strict interpretation and enforcement…even if it means litigation. 8 9 We believe the definition of the level of enforcement of the Keith Arboretum Conservation 10 Easement is a policy decision that falls squarely on the shoulders of the County 11 Commissioners….not the County Attorney, the County Manager, or the County staff. We 12 ask that you fully embrace this policy-making role, and direct the County Attorney and 13 staff to implement a conservative interpretation and strict enforcement of the terms of the 14 Keith Arboretum conservation easement. 15 16 We have been informed by the County Attorney that you are not able to meet id speak 17 with us, “due to the possibility that this issue may end up in litigation.” We find this 18 directive to be unacceptable. You are our elected representatives, and we have every 19 right to discuss topics of interest and concern in our community with each and every one 20 of you. We have seen meeting notes of at least one meeting between Commissioners 21 and the property owner, and the community requires the same level of access. We look 22 forward to this directive being reversed. 23 24 I’d like to close by letting you know that we are a very active and committed group of 25 community members who have frown up around the Keith Arboretum and Pickard 26 mountain, raised families here, and been the stewards of this land for decades. We are 27 tenacious and do not shy away from challenges. We will continue to monitor, investigate, 28 and report issues and advocate for the strict enforcement of all conservation easements 29 in this area. It is our goal to protect the conservation value of this area…and we will 30 continue to be good stewards of the land for decades to come. 31 32 George Buelher reviewed the following comments: 33 34 The Community requests Orange County to: 35 • Ensure that the conservation values of the original May 19, 2006 Keith Arboretum 36 Conservation Easement are strictly interpreted and enforced, now and in the 37 future, with NO changes. 38 • Proactively inspect the property and investigate all reports of potential 39 conservation easement violations submitted by the community. If it is determined 40 that a violation of the conservation easement is found, the County must ensure 41 that the conservation value of the property is restored and the property is put 42 back in its original state. 43 • Improve communication by: 44 o Engaging the community in a period of public comment when changes are 45 proposed for conservation easement properties. 46 o Improving communications between County departments so the 47 conservation values of the property are always known and of primary 48 interest….no matter which department is approached by a property 49 owner/developer. 50