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Planning and Building Department, Tahoe Planning and Building Division, recommending the Board consider the following regarding the development of the Tahoe El Dorado Area Plan:
1) In accordance with Chapter 3.13, Section 3.13.030 of County Ordinance Code, Contracting Out, find that specialty skills and qualifications not expressly identified in County classifications are involved in the performance of the work;
2) Approve and authorize the Chair to sign competitively bid Agreement 9035 with Ascent Environmental, Inc. to assist the County with Phases 2 and 3 of the Tahoe El Dorado Area Plan, in the amount of $982,889 and a term effective upon execution and expiring June 30, 2027; and
3) Authorize the Purchasing Agent to execute any further documents determined necessary related to Agreement 9035, including amendments which do not increase the not-to-exceed amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: Discretionary Transient Occupancy Tax - 80% and Affordable Housing Funds - 20%.
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DISCUSSION / BACKGROUND
The County coordinates its land use planning efforts in the Tahoe Basin with the Tahoe Regional Planning Agency (“TRPA”). The adopted plan for the Tahoe Basin is TRPA's “Regional Plan for the Tahoe Basin” and supersedes the El Dorado County General Plan. General Plan Goal 2.10., Policy 2.10.1.2 states that the County shall work with TRPA and other agencies to identify lands capable of supporting affordable housing development without jeopardizing attainment of the Environmental Thresholds identified by TRPA. The General Plan goes on to direct the County in Policy 2.10.1.3 to identify and prioritize the completion of community plans within the County’s jurisdictional area of the Tahoe Basin. Implementation Measure LU-0 further specifies that the County must 1) coordinate with TRPA and other agencies to create a comprehensive approach to land use regulation in the Tahoe Basin; 2) prepare and adopt a community plan for the Tahoma/Meeks Bay area; 3) identify additional affordable housing opportunities; 4) modify the County’s Zoning Ordinance to be consistent with, or adopt as County Code, the TRPA Code of Ordinances and Plan Area Statements; and 5) implement actions recommended in TRPA’s periodic threshold evaluation.
In December 2023, TRPA passed the Phase 2 Housing Amendments to its Code of Ordinances, encouraging development of affordable and workforce housing in the Tahoe Basin by allowing flexibility in some development standards. To fully benefit from the Phase 2 Housing Amendments, and future amendments as part of their Phase 3 effort, and for the County’s Zoning Ordinance to be consistent with the TRPA Code of Ordinances and Plan Area Statements, the Planning and Building Department, Tahoe Planning and Building Division (“Department”), is proposing development and implementation of the Tahoe El Dorado Area Plan (“TED Area Plan”).
The County has launched the TED Area Plan effort, which is a comprehensive, long-term planning document that will incorporate and update the Meyers Area Plan and include other communities in the Tahoe Basin area of the County. Completing the TED Area Plan will 1) ensure consistency between the County’s Zoning Ordinance and the TRPA Plan Area Statements, 2) streamline permitting and environmental review, 3) allow the County to control land use policies and decisions based on each community’s needs, and 4) incorporate TRPA Code of Ordinances and State law updates - ultimately, establishing a better framework to advance housing and economic development while attaining environmental thresholds established by TRPA. For more information on the TED Area Plan, please visit the County’s website at TEDareaplan.com <https://www.tedareaplan.com/>.
The County anticipates the TED Area Plan will be completed over three (3) years with potential adoption in Fall 2026. Phase 1 was fully funded by a Local Early Action Planning (“LEAP”) Grant and concluded in September 2024. As part of Phase 1, the Department developed an informational website and interactive survey, held six (6) community workshops, conducted stakeholder and public outreach, prepared a County and TRPA land use/zoning consistency study, and drafted the existing conditions report for the TED Area Plan. Phase 2 will consist of developing and revising the draft TED Area Plan, holding additional community workshops, and initiating the public scoping process. Phase 3 work will include conducting environmental review, finalizing the TED Area Plan, and holding County and TRPA hearings for possible adoption of the TED Area Plan.
The Department is requesting to enter into Agreement 9035 with Ascent Environmental Inc. (“Ascent”) for the provision of services necessary to develop the TED Area Plan and corresponding California Environmental Quality Act (“CEQA”) and TRPA environmental documentation, with a not-to-exceed amount of $982,889 and a term effective upon execution and concluding June 30, 2027.
Utilizing the list of qualified firms from Request for Qualifications (RFQ) #20-918-043, the Department conducted an informal Request for Proposals (RFP) by solicitating proposals from four (4) consulting firms with specializations in Land Use Planning. Of this outreach effort, the County received two (2) proposals from WSP USA and Ascent. Both proposals were almost identical in cost. The Department reviewed and evaluated the proposals and selected Ascent as the consultant with the most appropriate experience and complete proposal for Phases 2 and 3 of the TED Area Plan. Prior to Agreement 9305, the Department utilized an existing as-needed agreement with Ascent for assistance with Phase 1 of the TED Area Plan.
At the present time, the County does not have staff to draft the comprehensive TED Area Plan or to perform CEQA compliance work, as it requires very specialized skill sets that are not available in-house. Therefore, the Department has the need to utilize consulting services with technical expertise in completing these environmental services for Phases 2 and 3 of the TED Area Plan. 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 work under the proposed Agreement requires specialty skills and qualifications not expressly identified in County classifications. (Criteria 3.13.030 (B)).
ALTERNATIVES
The Board may choose not to approve the proposed Agreement. This would result in the Department’s inability to continue its TED Area Plan effort and develop the TED Area Plan, which would directly conflict with General Plan direction (General Plan Goal 2.10., Policy 2.10.1.2 and Policy 2.10.1.3, and Measure LU-0) as explained above.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, TRPA
CAO RECOMMENDATION/ COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Funding in the amount of $498,170 ($400,000 DTOT / $98,170 Affordable Housing Funds) for Phase 2 has been included in the Department’s Fiscal Year 2024-25 budget. Funding for Phase 3 ($484,719) currently consists of funding from TRPA in the amount of $66,667. The Department is actively researching grant opportunities and additional funding sources for the remaining, unfunded $418,052 and will incorporate any grants or funding requests into the Department’s Fiscal Year 2025-26 budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board will obtain the Chair's signature on two (2) original copies of Agreement 9305; and
2) Clerk of the Board will return one (1) fully-executed original Agreement 9305 to the Chief Administrative Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
Thriving Economy, Strategic Innovation
CONTACT
Thea Graybill, Acting Planning Manager
Long Range Planning Division