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ATTACHMENT 3 Settlement Agreement Between and Among the County of Alameda. the City of Livermore, the City of Pleasanton, Sierra Club, Northem California Recycling Association, Altamont Landowners Against Rural Management and Waste Management of Alameda County, Inc. -Excerpt 1.4. Expenditures from the Open Space Account shall be made as fcllos. 7.4.;. The County shat)convene an Advisory Committee consisting of the following members:one 11) member appointed by the Beard,one (1)member appointed by the Livermore City Council. one (1) member appointed by the Plcssar.:un City Council.and one (I) mert er appointed by the Sierra Cub. Ail members shall be residents of Alameda County. A representative of the City of Dublin may participate as a non-voting meir,ber. The ?dv;sory Committee rna; request the assistance of represer.tatives of park d:stncts. land trusts and interested constituencies such as the ranching community. 7.4.2. The Committee shall prepare two(2) priority lists of properties for acquisition ir. re: or permanent easement:,one for each of the gostraphic areas of concern as cefined ir. subsection 7.3.1. The prior ty lists shall give firs:priority to acquisition of proper... having signiF.c:r:t value for preservation of naive biological diversity andror evild:i.`e habitat. anc second priority to acquisition of property having significant value for visual character and/or non-motorized rccrraticr.. The Cornmiaer.shall rot recommend and no money from the ' pen Space Account shall be spent(i)upon the acquisition of land througl: fee cr easement where such acgeisitioa otherwise has been required as a condition of project approval or where such acquisition would otherwise directly facilitate development of open space or(ii)upon a.:quisitions w;thin the viticulture area of the South Liverrrcrr Val';ey Area Plait of lzr.d which otherwise would be acquired through fee or easentent pursuant to Livermore or County • regulatory programs The Cornminee shall also prepare proposed allocsricrs of Finds ir. the Open Space Account for expenditure during the upeemine year from each of the proposed pricri:y lists. Each recommended expenditure for the purchase of a permanent easement tc protect open space shall include whatever level of funding the CoTrnittec finds necessary tc the e:Tccevc long-terns rnoni:orina and er.fcrrement of that easement. The Contmirte•may develop proposed allocations of funds for multiple years. 7.4.3. For each proposed acquisition, the Committee shall cesi=nxe the entity(city,county, land :rust. park disuic;,conservancy or other appropriate cr.tity) that shall he responsible for carrying out that acquisi:ion. 7.4.4. The Committee's recommended priority lists and allocations of funds snail be submitted to :he County and to the appropriate City, as identified below. by March 1 of;tacit year. The County and the appropriate City each shall held public discussions of _ the recommendations a: Board and City Council meetings, respectively. The Cities and County sLaL determine only whether the recommendations are ccrsis:ent uirh the criteria set forth in Subsection 7.4.2. Affirmative action on the reccr•tmendiicrs shall be required by the Board anti the Livcrracre City Council for expenditures in the eastern area, as depicted in Exhibit"C" attached hereto. and by the Board and the P:easanton City Council for expeedi:t.res in the western area,as depicted in Exhibit"C"attached hereto. Acrier on the recommendations shah be taken by both bodies within sixty 601 days of the Committee's submission of its recommendations to the County and appropriate City. In tee absence of concurrence. the recommendations shall be referred back to the Committee for reconsideration. 7.4.5. The Committee scall annually update the recommended priority lists and the proposed expenditures of funds frmt the Oper. Space Account for the upcoming year or years. 1