El Dorado County Board of Supervisors February 9, 2021 Meeting Minutes
Meeting in Video Recording Format
Of note to El Dorado Hills residents:
| 21-0022 | AGENDA #2 order the Auditor-Controller to disburse $176,959.97 to the El Dorado Hills Community Services District from its park and recreation development impact mitigation fee account for fee program administration and expenditures |
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| AGENDA ITEM | Chief Administrative Office recommending the Board order the Auditor-Controller to disburse $176,959.97 to the El Dorado Hills Community Services District from its park and recreation development impact mitigation fee account for fee program administration and expenditures related to the Bass Lake Community Park, Kalithea Park, Valley View Park, and Heritage Village Park. FUNDING: Development Impact Fees. This matter was Approved on the Consent Calendar. |
| 21-0113 | AGENDA #3 order the Auditor-Controller to disburse $117,332.86 to the El Dorado Hills County Water District (El Dorado Hills Fire Department) from its Development Impact Mitigation Fee Account |
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| AGENDA ITEM | Chief Administrative Office recommending the Board order the Auditor-Controller to disburse $117,332.86 to the El Dorado Hills County Water District (El Dorado Hills Fire Department) from its Development Impact Mitigation Fee Account. FUNDING: Development Impact Mitigation Fees. This matter was Approved on the Consent Calendar. |
| 21-0115 | AGENDA #20 authorize the Chair to sign the Credit and Reimbursement Agreement for the construction and acquisition of improvements necessary for the development of the Bell Woods, Bell Ranch and Hawk View residential subdivisions within the Bass Lake Hills Specific Plan Area, funded under the Bass Lake Hills Specific Plan Public Facilities Financing Plan (PFFP), between the County and Lennar Winncrest, LLC |
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| AGENDA ITEM | Department of Transportation, with the concurrence of the Chief Administrative Office, Community Development Finance & Administration Division, recommending the Board authorize the Chair to sign the Credit and Reimbursement Agreement for the construction and acquisition of improvements necessary for the development of the Bell Woods, Bell Ranch and Hawk View residential subdivisions within the Bass Lake Hills Specific Plan Area, funded under the Bass Lake Hills Specific Plan Public Facilities Financing Plan (PFFP), between the County and Lennar Winncrest, LLC., (AGMT 20-54961). FUNDING: Developer Funded and Reimbursed PFFP Funds. This matter was Continued off Calendar upon Approval of the Consent Calendar. |
| 20-1678 | AGENDA #21 Find that it is appropriate to contract with Department of California Highway Patrol for traffic control services in accordance with Section 3.13.030 (E) of the County Ordinance, because the work is with or among any other governmental entities or agencies; and 2) Retroactively approve and authorize the Chair to sign California Standard Agreement 20R245001 (Fenix 5383) with Department of California Highway Patrol to provide traffic control services on construction projects for a total not-to-exceed of $324,800 and a term beginning January 1, 2021 and ending three years thereafter. |
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| AGENDA ITEM | Department of Transportation recommending the Board: 1) Find that it is appropriate to contract with Department of California Highway Patrol for traffic control services in accordance with Section 3.13.030 (E) of the County Ordinance, because the work is with or among any other governmental entities or agencies; and 2) Retroactively approve and authorize the Chair to sign California Standard Agreement 20R245001 (Fenix 5383) with Department of California Highway Patrol to provide traffic control services on construction projects for a total not-to-exceed of $324,800 and a term beginning January 1, 2021 and ending three years thereafter. FUNDING: Various funding sources for Capital Improvement Program Projects, including Federal, State and Local funding at different amounts depending on the project. This matter was Approved on the Consent Calendar. |
| 20-1559 | AGENDA #31 Receive and file a presentation on the SB 35 Legislation and the County’s proposed SB 35 Processing Application Checklists and Procedures; 2) Provide direction to staff on the preferred Approval Authority for SB 35 Streamlined Ministerial Projects where a discretionary review would otherwise be required by Title 130 of the County Code; 3) Provide direction to staff on whether or not the Board wishes to provide an opportunity for appeal within the County’s streamlined ministerial process, and if so, who should be the approval authority for appeals of streamlined ministerial projects where a discretionary review would otherwise be required by Title 130 of the County Code; 4) Provide direction to staff on whether or not the County should reduce the time to submit an appeal of a SB 35 Streamlined Ministerial Project from 10 days to 3 days |
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| AGENDA ITEM | Planning and Building Department, Planning Division, recommending the Board: 1) Receive and file a presentation on the SB 35 Legislation and the County’s proposed SB 35 Processing Application Checklists and Procedures; 2) Provide direction to staff on the preferred Approval Authority for SB 35 Streamlined Ministerial Projects where a discretionary review would otherwise be required by Title 130 of the County Code; 3) Provide direction to staff on whether or not the Board wishes to provide an opportunity for appeal within the County’s streamlined ministerial process, and if so, who should be the approval authority for appeals of streamlined ministerial projects where a discretionary review would otherwise be required by Title 130 of the County Code; 4) Provide direction to staff on whether or not the County should reduce the time to submit an appeal of a SB 35 Streamlined Ministerial Project from 10 days to 3 days; and 5) Approve and authorize the Chair to sign Resolution 211-2021 identifying the Approval Authority and Appeal process for SB 35 Streamlined Ministerial Projects Public Comment: K. Payne The Board received and filed a presentation on the SB 35 legislation and the County’s proposed SB 35 Processing Application Checklists and Procedures. The Board provided direction to staff as follows: 1) SB 35 applications will be decided by the Planning Commission; 2) No right to appeal decisions on SB 35 projects; and 3) Staff level-review of modifications with Planning Director approval for project modifications after approval of an SB 35 project and before issuance of the building permit. A motion was made by Supervisor Thomas, seconded by Supervisor Novasel to Adopt Resolution 211-2021 (Attachment C) with the addition of the Planning Commission as the deciding body and Planning Director as the approving authority for project modifications. Yes: 5 – Novasel, Hidahl, Parlin, Thomas and Turnboo |
| 21-0178 | AGENDA #32 receive a presentation regarding the Diamond Springs Parkway Phase 1B Project, CIP 72334/36105011, and approve the current funding plan which relies on the use of approximately $5.219 million in revenue received through the Memorandum of Understanding with the Shingle Springs Band of Miwok Indians, OR approve a revised funding plan which, in lieu of using funding from the Shingle Springs Band of Miwok Indians, advances approximately $5.219 million in designated General Fund reserves to the Community Financing District (CFD) and direct staff to prepare the appropriate documentation to provide that the CFD and potential Traffic Impact Fee Program (TIF) reimburses the designated reserves |
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| AGENDA ITEM | Department of Transportation recommending the Board receive a presentation regarding the Diamond Springs Parkway Phase 1B Project, CIP 72334/36105011, and approve the current funding plan which relies on the use of approximately $5.219 million in revenue received through the Memorandum of Understanding with the Shingle Springs Band of Miwok Indians, OR approve a revised funding plan which, in lieu of using funding from the Shingle Springs Band of Miwok Indians, advances approximately $5.219 million in designated General Fund reserves to the Community Financing District (CFD) and direct staff to prepare the appropriate documentation to provide that the CFD and potential Traffic Impact Fee Program (TIF) reimburses the designated reserves. FUNDING: Master Circulation and Funding Plan (41.8%), Road Fund (<1%), Traffic Impact Mitigation Fees – Zone 1-7 (20.5%), Tribe Funds (18.6%), and State-Local Partnership Program Grant (18.8%). (Local and State Funds). Public Comment: A. Nevis, D. Murillo, K. Payne, L. Brent-Bumb, M. Lane, Edward A motion was made by Supervisor Thomas, seconded by Supervisor Turnboo to: 1) Receive a presentation regarding the Diamond Springs Parkway Phase 1B Project; 2) Approve a revised funding plan to advance $3 million in funds currently designated to build a road for a new courthouse and $2.219 million in funds currently designated for capital building replacement and deferred maintenance to replace the Tribe Funds, enter into a repayment agreement with the Community Financing District, and develop a plan to have the Traffic Impact Fee Program reimburse the remaining portion in order to pay back the funds advanced over a period of 5 – 10 years with repayment first being made to the capital building replacement and deferred maintenance reserves; and direct Transportation staff to continue pursuing additional state funding for the Project for potential cost increases; and 3) Direct staff to return to the Board with a repayment schedule. Yes: 5 – Novasel, Hidahl, Parlin, Thomas and Turnboo |
| 20-1460 | AGENDA #33 Department of Transportation recommending the Board consider the following: 1) Reconvene the Public Hearing that was held on January 26, 2021 (Item 20) and make findings pursuant to California Code of Civil Procedure Section 1245.230 2) Adopt Resolution of Necessity 189-2020 related to the Diamond Springs Parkway Phase 1B Project, CIP 72334/36105011 (Project) authorizing the commencement of eminent domain proceedings to acquire the parcel identified as Assessor Parcel Number 051-250-011 3) Authorize outside Counsel, Meyers-Nave, with cooperation as needed from County Counsel, to proceed with the necessary steps to acquire the required property |
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| AGENDA ITEM | HEARING – Department of Transportation recommending the Board consider the following: 1) Reconvene the Public Hearing that was held on January 26, 2021 (Item 20) and make findings pursuant to California Code of Civil Procedure Section 1245.230 that: a) The public interest and necessity require the proposed Project; b) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in the Resolution of Necessity is necessary for the proposed project; and d) The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record, unless the owner(s) could not be located with reasonable diligence; 2) Adopt Resolution of Necessity 189-2020 related to the Diamond Springs Parkway Phase 1B Project, CIP 72334/36105011 (Project) authorizing the commencement of eminent domain proceedings to acquire the parcel identified as Assessor Parcel Number 051-250-011, owned by Martin Murillo and Diane S. Murillo, Trustees of the MDM Trust under Declaration of Trust Dated December 18, 2007 (4/5 vote required); and 3) Authorize outside Counsel, Meyers-Nave, with cooperation as needed from County Counsel, to proceed with the necessary steps to acquire the required property. (Reconvene from 1/26/2021, Item 20) Public Comment: D. Murillo, K. Payne Supervisor Hidahl opened the public hearing and closed the hearing upon input from staff and the public. A motion was made by Supervisor Thomas, seconded by Supervisor Turnboo to: 1) Reconvene the Public Hearing that was held on January 26, 2021 (Item 20) and make findings pursuant to California Code of Civil Procedure Section 1245.230 that: a) The public interest and necessity require the proposed Project; b) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) The property described in the Resolution of Necessity is necessary for the proposed project; and d) The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record, unless the owner(s) could not be located with reasonable diligence; 2) Adopt Resolution of Necessity 189-2020 related to the Diamond Springs Parkway Phase 1B Project, CIP 72334/36105011 (Project) authorizing the commencement of eminent domain proceedings to acquire the parcel identified as Assessor Parcel Number 051-250-011, owned by Martin Murillo and Diane S. Murillo, Trustees of the MDM Trust under Declaration of Trust Dated December 18, 2007 (4/5 vote required); and 3) Authorize outside Counsel, Meyers-Nave, with cooperation as needed from County Counsel, to proceed with the necessary steps to acquire the required property. Yes: 5 – Novasel, Hidahl, Parlin, Thomas and Turnboo |
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