Agenda - 09-04-2018 8-a - Minutes

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Good evening. I'm Marilee McTigue and I live on Pickard Mountain near the Keith Arboretum. I realize that this is the last BOCC meeting before the summer break and you have a packed agenda, so I will try and keep my comments brief. The community around the Keith Arboretum remains very concerned about the commercial activities in the property and we have presented the BOCC with much information about these activities over the last 2 months. Weddings, corporate events and large parties continue to be marketed and planned as evidenced by the East West Organics website materials (as of 6/18) attached (including a description of seating for 100 on a veranda that was built without a permit). Airbnb bookings for a 4bedroom dwelling continue, as do charging standard fees for public access to the property via ROMR. Environmental health issues related to bathroom access during events and ROMR activities are also a concern as discussed by the previous speaker. Back in 2006, the BOCC took specific steps that committed Orange County to a conservation easement in the Keith Arboretum property. You agreed to, and signed, a "contract" that defined the terms of the easement. You committed Federal, State, and local taxpayer dollars to acquire the easement, extinguish developmental rights and prohibit commercial activities. This funding included the cost of an appraisal, which allowed the owner of the land to take a Federal tax deduction and a State tax credit. And, most importantly, you agreed, "to preserve and protect the conservation values of the Easement Are and enforce the terms of this Conservation Easement" in perpetuity. So what's different now? Well .... a transition is taking place and properties with conservation easements are now changing hands and development is moving out into the rural part of the County. The role of the Lands Legacy Program must change is response to these new circumstances and it will require more time and effort placed on the enforcement of the conservation easement terms and values. We all know that weak interpretation of the easement terms, lax enforcement, and "looking the other way" when violations occur will only set precedents that will make it harder to protect the conservation values of these properties over time. So where do we go from here? We believe that the BOCC needs to take additional steps to insure that land with Orange County conservation easements is protected into the future. We ask that you "double down" on your commitment to the protection of these lands by (1) developing a strong policy statement that articulates your commitment or the strict enforcement of conservation easements held by Orange County, (2) commissioning a working team of BOCC members to review and recommend enforcement actions for the Keith Arboretum, and (3) instructing the County Attorney, County Manager, and staff to conservatively read, proactively monitor, and strictly enforce the terms of all conservation easement held by the County (including the use of litigation). I'd like to close by letting you know that we are a very active and committed group of community members who have grown up around the Keith Arboretum, raised families here, and been stewards of this land for decades. We are tenacious and do not shy away from challenges. We will continue to monitor, investigate, report issues, and advocate strict enforcement of all conservation easements. It is our goal to protect the conservation value of this area ... and we will continue towards the attainment of that goal for decades to come. We hope you enjoy the summer break, and we will continue to send you updates via email during this time. We'll see you again in the fall.