Supervisors Violate Constitutional Oaths

Supervisors Novasel, Ranalli, and Veerkamp received the following letters on March 8, 2017.  As of this date, former Supervisor Mikulaco has not picked up his letter at the Post Office.

Click here to read letter to Supervisor Veerkamp
Click here to read letter to Supervisor Ranalli
Click here to read letter to Supervisor Novasel
Click here to read letter to former Supervisor Mikulaco

Here are excerpts from the letters and video clips:

Whenever constitutional violations are committed by public officers, there are constitutional remedies available to the people. Such remedies make those who violate their oaths, such as you, accountable and liable for their unconstitutional actions conducted in perjury of their oaths.

Your continued refusal to allow the public the opportunity to make comment on the staff’s monthly TGPA/ZOU status update was a violation of the Ralph M. Brown Act. By your actions, as stated herein, you perjured your oath, which oath was given in exchange for the public trust. Therefore, you violated the public trust, and also violated the rights of free speech, redress of grievances to government and peaceful assembly, guaranteed in the First Amendment, all of which actions were conducted by you without constitutional or any other valid lawful authority.

Your refusal to provide a meaningful process for Citizens made it extremely clear to the audience that this meeting was a joke, a farce and a fraud, simply meant to give the appearance of a just and fair hearing, but delivering nothing of the kind.

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Special Interest Group plots against grassroots community groups

The following message is being distributed by a group that is aligned with Parker Development, “Alliance for Responsible Planning” and being headed by the Board of Supervisor’s appointed Chairperson of the Community and Economic Development Advisory Commission,
Maryann Argyres.

(Save Our County’s comments in red)

Begin forwarded message:

Date: January 7, 2016 at 1:20:55 PM PST
Subject:Alliance for Responsible Planning Luncheon — Friday, January 22, 2016; 11:30 AM to 1:00 PM
You are cordially invited to attend a complimentary luncheon
 
Friday, January 22, 2016
 
From 11:30 AM until 1:00 PM
In the Private Waterfall Buffet Room at Red Hawk Casino.
 
Much has happened since our last luncheon meeting, and new issues are on the horizon. 
 
Following years of public hearings and environmental review, the Board of Supervisors approved the Targeted General Plan Amendment/Zoning Ordinance Update on December 15, 2015.  The first comprehensive update of the zoning ordinance in over 30 years:
 
  • Brings zoning consistent with the General Plan for about 6% of parcels that were previously “inconsistent”;
    There are 94,000 parcels on the tax rolls 6% would be 5640 parcels so why did the county rezone 37,000 parcels?
  • Extends “right to farm” protections to some of our most productive agricultural lands;
    And possibly removed protections from around 2,300 previously Ag zoned parcels that the County “opted out” of Ag without much understanding of the consequence of that action.
  • Provides rural commerce opportunities to maintain economic viability of larger parcels in rural areas;  
    Allowing for rural commerce was already in the existing General Plan, but the County went beyond this by allowing a home occupancy business to be retail or industrial without checking for compatibility with their neighbor.
  • Does not change General Plan Land Uses (“colors”) except a small number of map corrections.
    This is a conflicting statement.  The county changed land use even after telling the public that there would be NO land use changes.  The public argued that this massive General Plan overhaul would not be necessary if they just changed the land use to match the zoning.  We were told by the County that they could not change land use.   
As you might imagine, this does not conclude planning-related issues on the near-term horizon.  
  • Litigation to challenge TGPA/ZOU is threatened by opposition groups;
    This is not a threat but is a duty of the public to hold our government officials responsible for upholding the law.  The Board of Supervisors left the public no choice but to litigate – unfortunately they will be using our money to defend their actions.
  • Petitions to recall the entire Board of Supervisors are being circulated by a small group of activists frustrated by their inability to control County government; 
    The Board of Supervisors are suppose to be public servants and answer to their citizens, that’s what we hired them to do!  We did not yield our sovereignty to the agencies which serve us.
  • Efforts continue to obstruct our “Area of Origin” water rights application, including attempts to discredit the fiscally sound policies of the majority of the EID Board.
  • Is it a sound decision to gamble $11 million of tax and rate payer funds for speculation when they know that the jurisdictions down river will sue to stop them as they did before? The other issue to consider is do we really need water rights for 216,000* more residents on metered water and do we really want to fund the last $180 million* to implement the infrastructure for these future residents? (*these facts are hard to document given they come from those that don’t always share truth)
     
Two initiatives will appear on the June 2016 ballot.  The “Yellow Petition” claims to “Reinstate Measure Y”, but even Bill Center has said this initiative goes “far beyond” original Measure Y, and would have “serious economic impacts”. The “Purple Petition” would make sweeping General Plan amendments to conform the Land Use Map to old zoning, among other changes.
“Reinstate Measure Y” goes back to forcing the developers to pay their own way for roads and as originally stated takes the vote away from the Board and back to the people before a road can be allowed to go to level of service F (gridlock). 
The “Retain our current zoning and Rural assets” initiative requires the Board to implement the protection policies as promised in the 2004 General Plan before allowing developers to bulldoze the resources the plan was to protect.  
The Board of Supervisors have enormous power over our land use, over the last 20 years they have severely abused that discretion and these initiatives put that power back in check allowing for common sense development and protection of our treasured resources for local use rather than incentivizing stack and pack development for favored developers at Taxpayers expense.
 
As you can see, there’s a lot to talk about, and we hope you will be able to join us for this timely discussion.  Because seating is limited, please let us know in advance if you are unable to attend
Anyone want to go and set the record straight for this propaganda event? 
 
Thank you again for your valuable contribution to the future of our county.
 
Maryann Argyres
Alliance for Responsible Planning, President
 
RSVP (Regrets Only) by reply to this email or to

alliance4responsibleplanning@gmail.com

COMMUNITY GROUP FILES LEGAL ACTION AGAINST EL DORADO COUNTY APPROVAL OF THE GENERAL PLAN AND ZONING ORDINANCE UPDATE

For Immediate Release                                             Contact: Ellen Van Dyke (530)676-8025

COMMUNITY GROUP FILES LEGAL ACTION AGAINST EL DORADO COUNTY APPROVAL OF
THE GENERAL PLAN AND ZONING ORDINANCE UPDATE

January 14, 2016 – Placerville, CA
On Wednesday January 13, Rural Communities United continued its efforts to protect rural character by filing a case challenging the County’s massive rezoning and gutting of the voter approved 2004 general plan. Rural Communities United is an organization of local residents who seek to protect the County’s rural character for current and future residents.

The case was filed to protect rural groundwater supplies, fire safety, and traffic circulation. The case alleges that the mass rezoning of thousands of parcels fails to respect the 2004 general plan protections for the County’s rural resources. According to the case filed in El Dorado County Superior Court, “These planning blunders have transformed El Dorado County’s general plan and zoning ordinance into the antithesis of orderly planning.”

The case was also filed to protect the rights of local citizens to fair hearings. The case scolds county planning commissioners and supervisors for not giving fair hearings to those who expressed concerns regarding the effects of the rezones on their homes and neighborhoods. According to the case, the County’s deliberate indifference to the rights of its residents has, “caused good people to question their faith in the integrity of their government.”

The case will likely be heard by a judge later in the year in El Dorado County Superior Court. Ellen Van Dyke of Rural Communities United said, “We hope to inspire people throughout El Dorado County to protect the things that make this a great place to live.”

website: www.RuralCommunitiesUnited.org

email: contactRCU@gmail.com

LAST CHANCE – Take Action! Contact Supervisors to stop rezoning Shingle Springs

The Supervisors will take their final action on the General Plan overhaul and Zoning Ordinance Update on Tuesday, December 15, 2015.  This is your last chance to make comment on the project.  
Watch this video to learn more about the project:  https://youtu.be/Dr_LRPTiswk

From Shingle Springs Community Alliance:

On Friday, 11/13/15, the Board of Supervisors voted 4-1 to pass the TGPA/ZOU (General Plan Update/Zoning Ordinance Update or LUPPU).  They will come back on 12/15/15 to finalize their vote and clean up any loose ends to prepare for the anticipated lawsuit.
 
The Board’s approval included rezoning 37,000 parcels in El Dorado County.   Rezoning the parcels was done without notifying landowners nor adjacent landowners who would be impacted.  The County put the burden of finding the rezoned parcels on citizens.  So, during the hearings on November 10, 12, and 13, citizens did point out several parcels that were being rezoned to higher development densities, which is in conflict with the stated goals.  
Here is a very concrete example of a rezone to a higher, incompatible density, in Shingle Springs.
  1. This map shows the intersection of Ponderosa Road and Highway 50.  The Board rezoned the 2 north corners of Ponderosa and Highway 50 to an intense commercial zone that is for regional projects, like a Costco (in red with horizontal lines).  That will completely destroy our sense of place in Shingle Springs and negatively impact traffic forever.
  2. Additionally, these commercial parcels are adjacent to Medium Density Residential parcels, which are 1-acre to 5-acres in size (the pink color).  A regional project is a very intense use and not compatible with residential homes.  Therefore, a request was made to rezone the commercial parcels to a compatible zone, such as Commercial Office or Commercial Light, but that request was ignored.
    View video here:  https://youtu.be/UhBJKkCZjaA
    View submitted document here:  https://drive.google.com/file/d/0B6SYfsvp_87XZzY2b0pvSGhta2M/view?usp=sharing
    Look up parcels here: http://gem.edcgov.us/zoning_luppu/  If you have questions on the map, contact Shawna Purvines, El Dorado County Long Range Planning, (530) 621-5362
  3. Furthermore, there are already small businesses and offices on these commercial parcels.  Changing their zoning to Commercial Regional makes the businesses on the ground incompatible with the zoning.  The TGPA/ZOU was NOT supposed to create inconsistencies.
  4. Lastly, the community of Shingle Springs has been very active in the past several years.  Why didn’t the Planning staff or Supervisors tell us about the proposed changes and ask for our input???
This is just one example out of the 37,000 parcels that were rezoned.  How many other instances of unnecessary and increased densities were approved without public knowledge?
PLEASE TAKE ACTION – Write to the Supervisors – Customize our sample email to fit your concerns
 

To: <bosone@edcgov.us>, <bostwo@edcgov.us>, <bosthree@edcgov.us>, <bosfour@edcgov.us>, <bosfive@edcgov.us>, <edc.cob@edcgov.us>, shawna.purvines@edcgov.us

Subject: TGPA/ZOU Final vote on 12-15-15

Dear Supervisors Mikulaco, Veerkamp, Ranalli, and Novasel,

I request that you do not approve the rezoning of thousands of parcels in El Dorado County.  The rezone at the intersection of Ponderosa Road and Highway 50 is an example of how the community of Shingle Springs was left out of the process and not informed about the negative impacts to traffic and quality of life from these rezones.  Instead of these rezones, I ask that you use our County resources to protect our existing Community Identity in Shingle Springs as a peaceful country community of homes and ranches on acreage.
 
Thank you to Supervisor Frentzen for voting No on these rezones and the TGPA.
 
Sincerely,
 
[Your Name]
[Your Town]

 

Take Action! Contact Supervisors to stop rezoning Shingle Springs

From Shingle Springs Community Alliance:

On Friday, 11/13/15, the Board of Supervisors voted 4-1 to pass the TGPA/ZOU (General Plan Update/Zoning Ordinance Update or LUPPU).  They will come back on 12/15/15 to finalize their vote and clean up any loose ends to prepare for the anticipated lawsuit.
 
The Board’s approval included rezoning 37,000 parcels in El Dorado County.   Rezoning the parcels was done without notifying landowners nor adjacent landowners who would be impacted.  The County put the burden of finding the rezoned parcels on citizens.  So, during the hearings on November 10, 12, and 13, citizens did point out several parcels that were being rezoned to higher development densities, which is in conflict with the stated goals.  
Here is a very concrete example of a rezone to a higher, incompatible density, in Shingle Springs.
  1. This map shows the intersection of Ponderosa Road and Highway 50.  The Board rezoned the 2 north corners of Ponderosa and Highway 50 to an intense commercial zone that is for regional projects, like a Costco (in red with horizontal lines).  That will completely destroy our sense of place in Shingle Springs and negatively impact traffic forever.
  2. Additionally, these commercial parcels are adjacent to Medium Density Residential parcels, which are 1-acre to 5-acres in size (the pink color).  A regional project is a very intense use and not compatible with residential homes.  Therefore, a request was made to rezone the commercial parcels to a compatible zone, such as Commercial Office or Commercial Light, but that request was ignored.
    View video here:  https://youtu.be/UhBJKkCZjaA
    View submitted document here:  https://drive.google.com/file/d/0B6SYfsvp_87XZzY2b0pvSGhta2M/view?usp=sharing
    Look up parcels here: http://gem.edcgov.us/zoning_luppu/  If you have questions on the map, contact Shawna Purvines, El Dorado County Long Range Planning, (530) 621-5362
  3. Furthermore, there are already small businesses and offices on these commercial parcels.  Changing their zoning to Commercial Regional makes the businesses on the ground incompatible with the zoning.  The TGPA/ZOU was NOT supposed to create inconsistencies.
  4. Lastly, the community of Shingle Springs has been very active in the past several years.  Why didn’t the Planning staff or Supervisors tell us about the proposed changes and ask for our input???
This is just one example out of the 37,000 parcels that were rezoned.  How many other instances of unnecessary and increased densities were approved without public knowledge?
PLEASE TAKE ACTION – Write to the Supervisors – Customize our sample email to fit your concerns
 

To: <bosone@edcgov.us>, <bostwo@edcgov.us>, <bosthree@edcgov.us>, <bosfour@edcgov.us>, <bosfive@edcgov.us>, <edc.cob@edcgov.us>, shawna.purvines@edcgov.us

Subject: TGPA/ZOU Final vote on 12-15-15

Dear Supervisors Mikulaco, Veerkamp, Ranalli, and Novasel,

I request that you do not approve the rezoning of thousands of parcels in El Dorado County.  The rezone at the intersection of Ponderosa Road and Highway 50 is an example of how the community was left out of the process and not informed about the negative impacts to traffic and quality of life from these rezones.  Instead of these rezones, I ask that you use our County resources to protect our existing Community Identity in Shingle Springs as a peaceful country community of homes and ranches on acreage.
 
Thank you to Supervisor Frentzen for voting No on these rezones and the TGPA.
 
Sincerely,
 
[Your Name]
[Your Town]

 

Please attend the Board of Supervisors meeting on 11/10/15 to overhaul our current 2004 “voter approved” General Plan and Zoning Ordinance

Dear El Dorado County Residents and Rural Lifestyle Supporters,

Below is a request that was sent to the Board of Supervisors regarding their upcoming meeting to overhaul our General Plan and zoning ordinance.

This project will forever change the rural life style that we enjoy in El Dorado County.  Many individuals have joined together to challenge the County Board of Supervisors in asking them to stop this “process”.  There is a video attached below, pointing out some of the issues of this proposed plan, done in collaboration with many community groups.  Please attend the meeting on 11/10/15 and share your concern with the Board of Supervisors.

The hearing starts at Tuesday, November 10th, 2015 at 10:30 a.m. in the Board of Supervisors Chamber on 330 Fair Lane, Placerville, CA, Building A.

Here is the video:  https://youtu.be/JbP_AlPJ7No


Request for Time Specific Public Comment and to clarify the process for public participation of the Targeted General Plan Amendment & Zoning Ordinance Update at the 11-10-15 Hearing:

Dear Supervisors,

We are requesting that you provide a specific time for public comment BEFORE the Planning Staff starts their presentation EACH DAY.  This will allow working citizens to schedule time off from work to attend the meeting and make their comment. Public participation during the Planning Commission Hearing was very restrained and limited.  The public was frustrated because they had to sit through hours and hours of staff presentations just to have a very restrictive 3 minutes to address this huge, impacting project that will affect our quality of life in El Dorado County forever.  At the Planning Commission hearing, the agenda that was posted was not followed.  We request that the Board hearing be organized better so that the public CAN participate.

See the schedule below that is currently posted on the Long Range Planning webpage.

We are requesting:  1) that the FEIR be addressed separately; 2) that the Significant and Unavoidable Impacts be addressed separately; 3) that the Overriding Considerations be addressed separately; 4) that each section of the Zoning Ordinance be addressed individually;  5) that each element of the General Plan be addressed individually; 6) and most importantly, that the public be provided to comment on each of these individual items.

This listing reflects the above request:

  1. Final Environmental Impact Report (FEIR)
  2. Significant and Unavoidable Impacts – all 28 – 41, depending on which document you read
  3. Overriding Considerations
  4. Zoning Ordinance Update
  5. Land Use
  6. Transportation
  7. Housing
  8. Conservation
  9. Open Space
  10. Noise
  11. Safety
  12. Agriculture and Forestry
  13. Public Services
  14. Parks and Recreation
  15. Economic Development

Hearing Schedule:

(Please note that the schedule below shows that the hearing starts at 10am on Tuesday, however the BOS agenda shows 10:30am.  Please clarify.)

http://www.edcgov.us/LongRangePlanning/LandUse/TGPA-ZOU_Main.aspx

Targeted General Plan Amendment & Zoning Ordinance Update (TGPA-ZOU)

The Board of Supervisors will hold a public hearing for the TGPA-ZOU Project and Final Environmental Impact Report (EIR) beginning on November 10, 2015 in the Board Chambers, 330 Fair Lane, Placerville. The tentative* outline is below.

*Note: All dates, times and topics listed below are subject to change. Additional dates and topics may be added.  Please check this webpage for updates.

Tuesday, November 10
AM (approx. 10 am to 1 pm) – Project Background and Process
PM (approx. 2 pm to 5 pm) – Project Components focused on Rural Areas – Natural Resources, Agriculture and Rural Lands

Thursday, November 12
AM (approx. 9 am to Noon) – General Plan policies and Zoning Ordinance items related to community site design and general edits/clean-ups
PM (approx. 1 pm to 5 pm) – Project Components focused on Community Regions

Friday, November 13
The Board Chambers is reserved ALL DAY (approx. 9 am to 5 pm) – Continuation of previous discussions as needed and Board deliberation

To view the Final EIR, click on “TGPA-ZOU Final EIR July 2015” below. Printed copies of Chapters 1 through 8 with a CD of the complete FEIR may be purchased for $35 each by calling 621-4650.

37,000 parcels rezoned without public input in El Dorado County

The Planning Commission heard staff testimony and public comment on Thursday, August 27, regarding the Targeted General Plan Amendment and Zoning Ordinance Update (TGPA/ZOU) and will continue on Wednesday, September 2, at 8:30am.


One thing that became very clear during the hearing is that the County DID NOT make any effort to notify the public about proposed zoning changes to parcels. The small print of the Public Notices in the newspaper and the County’s email notices did not make it clear that it is up to you to research whether or not your parcel or adjacent parcels are proposed to change.


Here is an example: At the hearing, parcels were identified that are proposed to be rezoned to Commercial Regional ( a new zone being created), which is a high-intensity retail commercial zone. However, the parcels are currently zoned Commercial, which is a very broad category that includes light commercial to heavy commercial. If the new zoning is applied, then the parcels will not be considered for light commercial, despite the fact that light commercial is more compatible with the nearby residential properties. Staff acknowledged that property owners did not have input into the decision, nor were the adjacent property owners notified. Staff determined the criteria and proposed changes without property owner input. And the list of 37,000 proposed parcel changes could be full of incompatible rezones.


You can look up the information regarding your parcel here, using either your parcel number or street address: http://gem.edcgov.us/zoning_luppu/ It would also be good for you to click around the map to see if any parcels adjacent to your property are proposed for rezoning.


If you have questions regarding what they are doing with your parcel or nearby parcels, call Shawna L. Purvines, Principal Planner, County of El Dorado, (530) 621-5362 or email at shawna.purvines@edcgov.us
Please attend the meeting. Just tell the Planning Commissioners to vote for NO PROJECT. They have no right to massively amend the voter-approved General Plan or change our historic zoning rights.