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El Dorado County Board of Supervisors June 28, 2022 Meeting Minutes

June 29, 2022 in El Dorado CountyEl Dorado County Board of SupervisorsEl Dorado County Board of Supervisors Meeting Minutes

Meeting in Video Recording Format

Of note to El Dorado Hills residents:

22-0401AGENDA #34
Air Quality Management District (AQMD) recommending the Board, acting as the AQMD Board of Directors, approve and authorize the Chair to sign Resolution 101-2022 adopting the Fiscal Year (FY) 2022-23 recommended budget for the El Dorado County AQMD. (Cont. 6/14/2022, Item 47)
Agenda Item
Air Quality Management District (AQMD) recommending the Board, acting as the AQMD Board of Directors, approve and authorize the Chair to sign Resolution 101-2022 adopting the Fiscal Year (FY) 2022-23 recommended budget for the El Dorado County AQMD. (Cont. 6/14/2022, Item 47) FUNDING: Permit revenues, State surcharge fees, Grants.

Resolution 101-2022 was Adopted upon Approval of the Consent Calendar
22-0692AGENDA #36 Department of Transportation recommending the Board adopt and authorize the Chair to sign Resolution 095-2022 to reaffirm the acceptance of an Irrevocable Offer of Dedication for Road Right-of-Way (in fee) on Assessor’s Parcel Number 120-070-003-000 as part of the Saratoga Estates project.
Agenda ItemDepartment of Transportation recommending the Board adopt and authorize the Chair to sign Resolution 095-2022 to reaffirm the acceptance of an Irrevocable Offer of Dedication for Road Right-of-Way (in fee) on Assessor’s Parcel Number 120-070-003-000 as part of the Saratoga Estates project. FUNDING: Road Fund.

Resolution 095-2022 was Adopted upon Approval of the Consent Calendar
22-0990AGENDA #37 Department of Transportation recommending the Board adopt and authorize the Chair to sign Resolution 100-2022 approving the revised Traffic Impact Fee Administrative Manual.
Agenda ItemDepartment of Transportation recommending the Board adopt and authorize the Chair to sign Resolution 100-2022 approving the revised Traffic Impact Fee Administrative Manual. FUNDING: Traffic Impact Fee Program.

Resolution 100-2022 was Adopted upon Approval of the Consent Calendar
22-0959AGENDA #38 Department of Transportation recommending the Board adopt and authorize the Chair to sign Resolution 098-2022 setting for election a measure to consider a special tax increase to provide street and highway lighting services in the Highlands Village Lighting Zone of Benefit 98507 within County Service Area 9, noting that the measure will be submitted to the zone electorate on the ballots distributed for the Election to be held November 8, 2022. (Supervisorial District: 1)
Agenda ItemDepartment of Transportation recommending the Board adopt and authorize the Chair to sign Resolution 098-2022 setting for election a measure to consider a special tax increase to provide street and highway lighting services in the Highlands Village Lighting Zone of Benefit 98507 within County Service Area 9, noting that the measure will be submitted to the zone electorate on the ballots distributed for the Election to be held November 8, 2022. (Supervisorial District: 1) FUNDING: County Service Area Zone of Benefit Special Taxes. (100%)

Resolution 098-2022 was Adopted upon Approval of the Consent Calendar
22-1065AGENDA #40 Department of Transportation and County Counsel recommending the Board:
1) Make findings in accordance with Chapter 3.13, Section 3.13.030 of the County Ordinance Code, Contracting Out, that there are specialty skills and qualifications not expressly identified in County classifications in the performance of litigation representation for property acquisition matters and eminent domain; and
2) Approve and authorize the Chair to sign retroactive, perpetual Agreement for Legal Services between County of El Dorado and Burke, Williams & Sorensen, LLP for legal advice and litigation representation, review of resolutions of necessity, and property acquisition matters inclusive of eminent domain, concerning various Capital Improvement Program Projects, beginning June 6, 2022
Agenda ItemDepartment of Transportation and County Counsel recommending the Board:
1) Make findings in accordance with Chapter 3.13, Section 3.13.030 of the County Ordinance Code, Contracting Out, that there are specialty skills and qualifications not expressly identified in County classifications in the performance of litigation representation for property acquisition matters and eminent domain; and
2) Approve and authorize the Chair to sign retroactive, perpetual Agreement for Legal Services between County of El Dorado and Burke, Williams & Sorensen, LLP for legal advice and litigation representation, review of resolutions of necessity, and property acquisition matters inclusive of eminent domain, concerning various Capital Improvement Program Projects, beginning June 6, 2022
DISCUSSION / BACKGROUND
Transportation obtains right-of-way to construct projects listed in the Capital Improvement Program (CIP). In the process of obtaining right-of-way, there may be a need for legal advice and litigation representation, review of resolutions of necessity, and property acquisition matters inclusive of eminent domain in order to construct the CIP projects.
 
At the present time, the departments do not have staff with the necessary skills to perform this work as it requires very specialized skill sets that are not available in-house and it is not currently economically feasible to maintain those skill sets with full-time staff.  Chapter 3.13 of the El Dorado County Code of Ordinances, Contracting Out, includes Section 3.13.030, Criteria, which establishes those instances where contracts may be awarded and work can be performed by independent contractors.  It is recommended that the Board find that the legal advice and litigation work for property acquisition matter may be contracted out because the work requires specialty skills and qualifications not expressly identified in County classifications (Criteria 3.13.030 (B)).
 
Transportation and County Counsel currently have an agreement for these services with Meyers Nave, A Professional Corporation (Meyers Nave), but plans to terminate this agreement upon approval of the new Agreement with Burke, Williams & Sorensen. The termination is a result of County Counsel’s main attorney from Meyers Nave leaving this firm to new employment with Burke, Williams & Sorensen. Meyers Nave has previously notified the County that they will not do any further work under the existing agreement unless the County agrees to a rate increase. The agreement with Burke, Williams & Sorensen rate is equal to the amount of the rate increase proposed by Meyers Nave. This will provide continuity on project litigation on various projects already in process.

This matter was Approved on the Consent Calendar
22-1101AGENDA #53 Planning and Building Department, Planning Division, Long Range Planning Unit, recommending the Board review and provide direction on the Long Range Planning Project Prioritization Matrix for Fiscal Year 2022-23, as follows: 1) Review the Matrix and the recommended project prioritization; 2) Direct staff to modify the Matrix, as necessary, to reflect the Board’s current priorities; and 3) Endorse a final Matrix that prioritizes County-initiated land use and housing projects managed by the Long Range Planning Unit for Fiscal Year 2022-23.
Agenda ItemPlanning and Building Department, Planning Division, Long Range Planning Unit, recommending the Board review and provide direction on the Long Range Planning Project Prioritization Matrix for Fiscal Year 2022-23, as follows: 1) Review the Matrix and the recommended project prioritization; 2) Direct staff to modify the Matrix, as necessary, to reflect the Board’s current priorities; and 3) Endorse a final Matrix that prioritizes County-initiated land use and housing projects managed by the Long Range Planning Unit for Fiscal Year 2022-23. FUNDING: N/A

Public Comment: K. Payne, J. Gainsbourgh, A. Nevis

A motion was made by Supervisor Hidahl, seconded by Supervisor Thomas to Approve this matter and direct staff to:
1) Consolidate a list provided by each Supervisor to staff of proposed amendments to the General Plan and Zoning Ordinance to consider and return to the Board with that list; and
2) Prepare a memo to the Chief Administrative Officer by August 30, 2022 of the costs broken out separately associated with each of the Tier 3 projects on the Long Range Planning Prioritization Matrix.

Yes: 5 – Novasel, Hidahl, Parlin, Thomas and Turnboo

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