The public notice that was emailed on Wednesday, December 2, 2015 is copied below. The email announcement is clearly misleading to the public because it states that the sessions on Monday and Tuesday are only a study session and a workshop. The email announcement does not state that any action will be taken by the Board. However, the agenda for the Special Meeting lists several action items where the Board will be approving specifics of the CIP/TIM fee process and providing direction to staff. On the surface this appears to be a violation of the Brown Act and I request that you be abundantly cautious and do not take any action on this item.
Several of you ran for office on the promise of improving transparency and public involvement. Adding a Monday morning “Special Meeting” to the Board Calendar during the month of December when people are trying to enjoy the holidays with family and friends, is not what most people would consider a step in the right direction toward improving transparency and public involvement. Labeling this Special Meeting as a study session when the Board is actually going to be taking action on items is deceitful.
What is additionally concerning is that the public has requested many times this year that the Board improve its processes so that there is no perception of predetermined outcomes regarding projects. However, holding a Public Workshop on a Tuesday evening AFTER the Board approves several items and provides direction to staff at a Monday morning Special Meeting is exactly the type of predetermined outcome that the public has asked for you to discontinue.
Lastly, it has been noted by the public that many Board meetings in recent months have had minimal agendas and, therefore, led to very short Board meetings. Would it have been at all possible to have managed time better so that this very important item could be heard at a regularly scheduled Board meeting instead of a last-minute Special Meeting, which is virtually impossible for working citizens to attend? The public could perceive this as an intentional move to discourage public participation.
Here is the agenda item for the “study session.” This is not simply a study session. This is a Board agenda item where the Board is taking action and providing staff direction:
Community Development Agency, Long Range Planning Division,
recommending the Board consider the following relating to the Major
Capital Improvement Program (CIP) and Traffic Impact Mitigation (TIM)
Fee Program Update:
1) Determine TIM Fee Zone Geography and TIM Fee Zones;
2) Approve TIM Fee Project List;
3) Provide direction on inclusion or removal of right-of-way, sidewalk,
and curb and gutter from the TIM Fee Program and Frontage
4) Provide direction on the percentage allocation of El Dorado County
Transportation Commission State/Federal Grant Projection;
5) Provide direction on relief for secondary dwelling units;
6) Adopt and authorize the Chair to sign Resolution of Intent 204-2015
to amend the General Plan, pending review and approval by County
Counsel and Risk Management;
7) Provide direction for TIM Fee revenue annual transfer of funds from
Zone 8 and Zones 1-7 to ensure fair share funding of roadway
8) Receive and file Draft TIM Fee Ordinance and Resolution;
9) Receive and file TIM Fee Program Environmental Constraints
10) Approve in concept the draft CIP project list, and discuss and
provide direction on “Unfunded” CIP Projects;
11) Receive and file Public Outreach Summary and Report; and
12) Discuss Project Schedule Information. (Est. Time: 3 Hr.)
FUNDING: TIM Fees and Road Fund.