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File #: 20-1460    Version:
Type: Agenda Item Status: Approved
File created: 10/28/2020 In control: Board of Supervisors
On agenda: 2/9/2021 Final action: 2/9/2021
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 b...
Attachments: 1. 3A - Resolution Presentation for 02-09-21, 2. 3B - Notice of Intent Letter for 02-09-21, 3. 2A - Revised Resolution Presentation BOS Rcvd 1-21-21, 4. A - Counsel Approval, 5. B - RON + Plats and Legals, 6. C - First Written Offer, 7. D - Notice of Intent Letter, 8. E - Resolution Presentation, 9. E - Revised Resolution Presentation BOS Rcvd 12-7-2020, 10. F - Vicinity Map, 11. Public Comment BOS Rcvd 2-9-2021, 12. Executed Resolution 189-2020
Related files: 20-1380, 20-1018, 08-0038, 11-0448, 12-1540, 20-0828, 14-0725, 16-0370, 19-1009, 21-0178
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)
Body
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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