Title
HEARING - Department of Transportation recommending the Board consider the following:
1) Reconvene the Public Hearing that was held on January 26, 2021 (Item 20) and make findings pursuant to California Code of Civil Procedure Section 1245.230 that:
a) The public interest and necessity require the proposed Project;
b) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
c) The property described in the Resolution of Necessity is necessary for the proposed project; and
d) The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record, unless the owner(s) could not be located with reasonable diligence;
2) Adopt Resolution of Necessity 189-2020 related to the Diamond Springs Parkway Phase 1B Project, CIP 72334/36105011 (Project) authorizing the commencement of eminent domain proceedings to acquire the parcel identified as Assessor Parcel Number 051-250-011, owned by Martin Murillo and Diane S. Murillo, Trustees of the MDM Trust under Declaration of Trust Dated December 18, 2007 (4/5 vote required); and
3) Authorize outside Counsel, Meyers-Nave, with cooperation as needed from County Counsel, to proceed with the necessary steps to acquire the required property. (Reconvene from 1/26/2021, Item 20)
FUNDING: Traffic Impact Mitigation Fees (20.4%), Master Circulation and Funding Plan (41.8%), Tribe Funds (18.6%), Road Fund (<1%), and to be determined anticipated grant funds (18.8%). (Local and State Funds)
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DISCUSSION/BACKGROUND
On January 26, 2021 (Item 20), the Board of Supervisors (Board) held a Public Hearing to take testimony on the aforementioned matters in consideration of adoption of the attached Resolution of Necessity. The Board continued the hearing until February 9, 2021, and directed staff to prepare an additional item on that date addressing the financing of the subject project. The Board should reopen the hearing to t...
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