SR 05:173 - Laserfiche WebLink

The easement sets forth what uses are permitted and what uses are prohibited on the site. Most of the permitted uses relate to the use of the property for habitat and related purposes, such as building a water tank. Prohibited uses include any further subdivision of the property, construction of most structures, and activities that would pollute or degrade the surface or subsurface waters on the site. The easement also spells out that the City, as holder of the easement, is to conduct inspections and other reasonable activities to monitor the owner's compliance with the terms of the easement and, if necessary, to enforce the terms of the easement. The City, itself, however, has not conducted the inspections. Rather, the inspections have been conducted by representatives of the Tri-Valley Conservancy (formerly known as the South Livermore Valley Land Trust), a not for profit organization located in Livermore, which holds a number of other conservation easements in the South Livermore area and has the knowledge and expertise to perform these services. To date, the Tri-Valley Conservancy has not been paid by the City for providing these services. Earlier this year, representatives from the Conservancy discussed with staff a formal arrangement between the City and the Conservancy for these services. The attached Agreement is the product of those discussions. DISCUSSION Conservancy representatives would coordinate with affected stakeholders--the Homeowners Association, the State Department ofFish and Game, the site biologist (LSA)--and then make an annual site visit to determine compliance with the terms of the easement. The Conservancy would make a report to the City of its findings, including the status of the property owner's compliance with the terms of the easement. (To the extent there is not compliance, it would be incumbent for the City to follow up on these matters.) The Conservancy would also review the annual report prepared by the site biologist and make recommendations to the City accordingly. FISCAL IMPACT The Conservancy has offered to provide these services for $1525 the first year, with an increase of $100 in each of the next two years (the Agreement is proposed to be three years in length). This cost is similar to what the City is paying the California Rangelands Trust to monitor the conservation easement on the Koopmann property adjacent to the golf course. Funds are available for this purpose. SR:05:173 Page 2