Title
Planning and Building Department, Planning Division, Long Range Planning Unit, recommending the Board consider the following:
1) Approve and authorize the Chair to sign Amendment I to Agreement 7064 with ICF Environmental Inc., for the provision of environmental planning services for the Texas Hill Reservoir Takeline Parcel Rezone and General Plan Amendment Project, extending the term of the agreement by two (2) years for a new expiration date of August 15, 2028, with no changes to the scope of work and not-to-exceed amount of $347,880.00 (Attachment B); and
2) Approve and Authorize the Chair to sign Amendment I to Funding Agreement No. 7475 with the El Dorado Irrigation District (EID) for a contribution of $173,940 by EID towards the Texas Hill Reservoir Takeline Parcel Rezone and General Plan Amendment Project, extending the term of the agreement by two (2) years for a new expiration date of August 15, 2028, with no changes to the contribution amount (Attachment C).
FUNDING: General Fund (50%) and El Dorado Irrigation District (50%).
Body
DISCUSSION / BACKGROUND
The Texas Hill Reservoir Takeline Parcel Rezone and General Plan Amendment project (Project) originally proposed by EID included a "take line" identifying the impact area of a project to build a new reservoir on Weber Creek south of Placerville. The subject parcels for the Project were identified to be within the take line. These parcels have an Open Space (OS) General Plan land use designation, but prior to 2015, were residentially zoned and allowed to build single-family dwellings. On December 15, 2015 (Legistar File 11-0356, Version 21), the Board of Supervisors (Board) adopted the Zoning Ordinance Update (ZOU) to make the Zoning Map consistent with the General Plan, as required by state law. As part of the 2015 ZOU, all privately-owned lands within the Texas Hill Reservoir Take Line were rezoned to Recreational Facility, Low Intensity (RF-L) which prohibits residential uses. On March 17, 2020 (Legistar File 20-0326), after receiving confirmation from EID staff that their agency had no plans for the foreseeable future to construct the proposed Texas Hill Reservoir project and therefore EID would support a Rezone and General Plan Amendment project for lands within the Texas Hill Reservoir Take Line, the Board directed Long Range Planning staff to process the required General Plan Amendment, Rezones, and associated environmental documents in order to allow residential uses on affected parcels consistent with other residentially-zoned parcels in the vicinity.
The California Environmental Quality Act (CEQA) and County CEQA Resolution 61-87 allow the County to hire consultants, funded by project applicants/developers, to prepare complex and comprehensive CEQA documents such as Environmental Impact Reports (EIRs).
In August 2019, the Chief Administrative Office, Procurement and Contracts Division, on behalf of the Department of Transportation and Planning and Building Department (Department), issued Request for Qualifications (RFQ) 20-918-043 for various as-needed consultant services, which included Environmental Services. In accordance with the County’s Procurement Policy C-17, Section 7.10, Request for Qualifications, staff from various divisions within the Department form evaluation committees to review responses received for each of the categories pertaining to the Department. In March and May of 2021, the Procurement & Contracts Manager issued lists of qualified firms for these consulting service categories. ICF Jones & Stokes, Inc., now ICF Environmental Inc. (ICF) was ranked first out of 19 firms for Category 2H- Environmental Services.
As EID owns a majority of the parcels within the Texas Hill Reservoir Takeline and has pledged to support the County’s Rezone and General Plan Amendment for parcels within the Takeline, EID has agreed to share 50% of the County’s cost for preparation of the required EIR for this Project. Accordingly, on May 22, 2023, the EID Board of Directors approved Funding Agreement 7475 between EID and County to contribute a 50% cost share of $173,940 for the preparation of an EIR for the Project. The remaining EIR processing cost of $173,940 will be funded by the County General Fund. This Project was included in the Planning Division’s Long Range Planning Work Plan as endorsed by the Board on June 13, 2023 (Legistar File 23-1059).
On August 15, 2023 (Legistar File 23-0412), the Board approved and executed Agreement 7064 with ICF for the provision of environmental planning services for the Project, with a not-to-exceed amount of $347,880.00, and a term of three (3) years effective upon execution, and approved Funding Agreement 7475 with EID for a contribution of $173,940 by EID towards the Project. Under this Agreement, ICF is assisting the County with the preparation of CEQA compliance documentation for the Project to rezone approximately 118 parcels that exist within the mapped Texas Hill Reservoir Takeline to zones that allow for residential uses. The parcel rezones will also require a General Plan Amendment to change the existing General Plan Land Use Designations, which are primarily OS, to ones that are consistent with the proposed residential zones (e.g., RE-5, RE-10). ICF anticipates that a Focused EIR, tiered off the 2015 Targeted General Plan Amendment & Zoning Ordinance Update Project (TGPA-ZOU) EIR, will be the appropriate CEQA document for this Project.
A two-year contract time extension is necessary because critical Project processing was significantly delayed by over 1.5 years to complete mandatory tribal consultations. Under the CEQA, as codified under California Public Resources Code § 21080.3.1 and Government Code § 65352.3, lead agencies must consult with California Native American tribes requesting consultation to identify and protect cultural resources before environmental documents can be approved. Because this legally mandated process required extensive, government-to-government dialogue and field assessments, the original Project timeline became impossible to maintain. This extension provides the essential time needed to finish the remaining environmental analysis and public review of the draft document as required under CEQA, since work was paused during the tribal consultation period.
In addition to the two-year extension to the term of Agreement 7064, other administrative changes to various articles were determined necessary and made throughout the Agreement. These changes include: replacing Article XV, Default, Termination, and Cancellation, in its entirety; and replacing Exhibit D, California Levine Act Statement, with Amended Exhibit D, Amended California Levine Act Statement, to address change in state law.
ALTERNATIVES
The Board may choose not to approve proposed Amendment I to Agreement 7064. This would result in delays in completing other tasks and projects that staff are currently fully engaged on as those staff would have to absorb the additional work needed as new development projects are processed by the Department.
The Board may also choose not to approve proposed Amendment I to Funding Agreement 7475. This would result in the Department having to utilize additional funds from the General Fund for the Project.
PRIOR BOARD ACTION:
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Amendments.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for these services has been included in the Department’s Fiscal Year 2026-27 budget. Funding for these services beyond Fiscal Year 2026-27 will be included in subsequent years’ budgets accordingly. EID’s contribution has been included in the Department’s Fiscal Year 2026-27 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on one (1) original copy of Amendment I to Agreement 7064;
2) The Clerk of the Board will obtain the Chair’s signature on one (1) original copy of Amendment I to Funding Agreement 7475;
3) The Clerk of the Board will forward one (1) fully-executed original Agreement 7064 to the Chief Administration Office, Procurement and Contracts Division, for further processing; and
4) The Clerk of the Board will forward one (1) fully-executed original Funding Agreement 7475 to the Chief Administration Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Thea Graybill, Planning Manager
Planning and Building Department, Long Range Planning Unit