Title
County Counsel recommending the Board approve and authorize the Chair to execute the Conservation Agreement between El Dorado County, American River Conservancy, a California nonprofit corporation, and Rural Communities United for the purpose of providing funding for the acquisition and long term maintenance of Oak Resources in furtherance of the County's adopted Oak Resources Management Plan which includes an in-lieu fee option as part of the settlement of two law suits (PC20170536 and PC20210189) relating to the County's adoption of its 2017 Biological Resources Policies Update.
FUNDING: Oak Resources In-Lieu Mitigation Fees.
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DISCUSSION / BACKGROUND
The Board held a closed session on August 30, 2022, to consider a settlement agreement to settle two related cases: 1) Rural Communities United, Conserve El Dorado Oaks, Ellen Van Dyke and Cheryl Langley v. County of El Dorado (El Dorado County Superior Court Case No. PC20170536) and 2) Rural Communities United v. County of El Dorado (El Dorado County Superior Court Case No. PC20210189.) The first case involves a Petition for Writ of Mandate challenging the County's 2017 certification of the Environmental Impact Report (EIR) and approval of the General Plan Biological Resources Policy Update which included amendments to the General Plan Biological Resources policies, objectives and implementation measures, adoption of an Oak Resources Management Plan, establishment of an In-Lieu Mitigation Fee and adoption of an Oak Resources Conservation Ordinance. The second CEQA case is a Petition for Writ of Mandate challenging the County's recertification of the decertified portion of the EIR as required by the writ that issued in the first case.
By unanimous vote on August 30, 2022, the Board approved the Settlement Agreement subject to non-substantive minor modifications and authorized the Chair to execute the Settlement Agreement. The settlement was not reported out of closed session because the agreement had ...
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