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3 <br /> <br />The community around the Keith Arboretum remains very concerned about the commercial <br />activities in the property and we have presented the BOCC with much information about these <br />activities over the last 2 months. Weddings, corporate events and large parties continue to be <br />marketed and planned as evidenced by the East West Organics website materials (as of 6/18) <br />attached (including a description of seating for 100 on a veranda that was built without a <br />permit). Airbnb bookings for a 4bedroom dwelling continue, as do charging standard fees for <br />public access to the property via ROMR. Environmental health issues related to bathroom <br />access during events and ROMR activities are also a concern as discussed by the previous <br />speaker. <br /> <br />Back in 2006, the BOCC took specific steps that committed Orange County to a conservation <br />easement in the Keith Arboretum property. You agreed to, and signed, a “contract” that defined <br />the terms of the easement. You committed Federal, State, and local taxpayer dollars to acquire <br />the easement, extinguish developmental rights and prohibit commercial activities. This funding <br />included the cost of an appraisal, which allowed the owner of the land to take a Federal tax <br />deduction and a State tax credit. And, most importantly, you agreed, “to preserve and protect <br />the conservation values of the Easement Are and enforce the terms of this Conservation <br />Easement” in perpetuity. <br /> <br />So what’s different now? Well….a transition is taking place and properties with conservation <br />easements are now changing hands and development is moving out into the rural part of the <br />County. The role of the Lands Legacy Program must change is response to these new <br />circumstances and it will require more time and effort placed on the enforcement of the <br />conservation easement terms and values. We all know that weak interpretation of the <br />easement terms, lax enforcement, and “looking the other way” when violations occur will only <br />set precedents that will make it harder to protect the conservation values of these properties <br />over time. <br /> <br />So where do we go from here? We believe that the BOCC needs to take additional steps to <br />insure that land with Orange County conservation easements is protected into the future. We <br />ask that you “double down” on your commitment to the protection of these lands by (1) <br />developing a strong policy statement that articulates your commitment or the strict enforcement <br />of conservation easements held by Orange County, (2) commissioning a working team of BOCC <br />members to review and recommend enforcement actions for the Keith Arboretum, and (3) <br />instructing the County Attorney, County Manager, and staff to conservatively read, proactively <br />monitor, and strictly enforce the terms of all conservation easement held by the County <br />(including the use of litigation). <br /> <br />I’d like to close by letting you know that we are a very active and committed group of community <br />members who have grown up around the Keith Arboretum, raised families here, and been <br />stewards of this land for decades. We are tenacious and do not shy away from challenges. We <br />will continue to monitor, investigate, report issues, and advocate strict enforcement of all <br />conservation easements. It is our goal to protect the conservation value of this area…and we <br />will continue towards the attainment of that goal for decades to come. <br /> <br />We hope you enjoy the summer break, and we will continue to send you updates via email <br />during this time. We’ll see you again in the fall. <br /> <br />b. Matters on the Printed Agenda <br />(These matters will be considered when the Board addresses that item on the agenda <br />below.) <br />