County's Financial Analysis Warns The Plans Don't Work
- Rural Matters Alliance
- Aug 8, 2024
- 3 min read
Updated: Apr 7
Subject: Marble Valley and Lime Rock
Below is an email from the County's Chief Accounting Officer to the Board of Commissioners warning about the Traffic and Financial Impact of Parker +G3's plans.
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From: Joe H. Harn <joe.harn@edcgov.us>
Sent: Thursday, August 8, 2024 7:22 AM
To: Andy Nevis <Andy.Nevis@edcgov.us>; Bob Williams <Bob.Williams@edcgov.us>
Cc: KBone@parkerdevco.com <KBone@parkerdevco.com>;Josh Pane<joshpanel@icloud.com>;David A Livingston<david.livingston@edcgov.us>; Rafael Martinez <Rafael.Martinez@edcgov.us>;Karen L. Garner<Karen.L.Garner@edcgov.us>; Jefferson B. Billingsley <Jefferson.Billingsley@edcgov.us>
Subject: Marble Valley and Lime Rock
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Commissioners,
For a number of reasons, we cannot count on our Traffic Impact Fee (TIF) program to mitigate traffic caused by new development. Two huge legal clouds hang over the County's TIF program.
Austin Litigation
For all practical purposes, the County has lost the Austin case. This litigation has been going on for nearly a decade. Because of the County's failure to follow the Mitigation Fee Act from 2013 through 2016, it is extremely likely that the County will be ordered to refund millions of dollars of road impact fees collected in 2015 and 2016. This refund, which could be tens of millions of dollars, will cripple our ability to build the roads that are needed to accommodate the impacts of growth.
...we may not be able to finance the road improvements necessary to mitigate the traffic impacts.
Sheetz Litigation
This litigation has been going on for nearly a decade. Under the "current” requirements of the California Mitigation Fee Act (MFA), there needs to be a reasonable relationship between the fee charged the homebuilder, the type of development project, and the need for the infrastructure to be built by local government. The Sheetz case is likely to tighten the requirements of the MFA. If the Sheetz case does effectively "change" the MFA, we may not be able to levy TIF fees on the developers of these two proposed specific plans as is currently envisioned and we may not be able to finance the road improvements necessary to mitigate the traffic impacts.
Current West End TIF Program
In December 2016, the Board of Supervisors removed a number of important projects from the El Dorado Hills road capacity improvement program. The result was a much lower road impact fee that builders pay. On many occasions I have criticized this decision publicly. The bottom line is that the current TIF program has a goal of avoiding Level of F traffic, period. The TIF program does not ensure new development mitigates the resulting traffic impacts. The TIF program allows developers to utilize excess road capacity as long the level of service is projected to stay about level of service F. Generally, our constituents do not approve of the County government "giving away” what traffic engineers deem excess road capacity.
This refund, which could be tens of millions of dollars, will cripple our ability to build the roads that are needed to accommodate the impacts of growth.
Conclusion
I recommend that these proposed specific plans be conditioned to require precise road improvements be funded and constructed by these two applicants based on certain milestones and in some cases prior to the issuance of the first building permit. Further, I recommend that serious consideration be given to a joint traffic circulation study that includes these two projects, along with the proposed Town and Country Village project.
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Joe H. Harn, C.P.A., Department Head
The Auditor-Controller is the Chief Accounting Officer for the County. His mandate is to ensure the required Auditor-Controller functions specified in the California Constitution, under various California codes, and by the Board of Supervisors are performed. The duties are performed under the legal authority primarily set forth in the Government Code beginning with Sections 26800 and 26900.
The Office of the Auditor-Controller’s primary mission is to ensure the fiscal integrity of the County’s financial records and to provide service, assistance and information to the Public, Board of Supervisors, County Administrator’s Office, County Departments and Employees, Special Districts and some regional non-county agencies. We are committed to providing exemplary professional service to all of our customers, while at all times treating them with fairness, integrity, respect and trust.
Photo of Joe Harn courtesy of the EDC public website.
Learn more about Joe Harn on the County's website at:
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We need your voice to save our rural county!
Tell the County you want a NO vote for Parker +G3.
Please contact EL Dorado County officials regarding the proposed CHANGE of the General Plan for Parker +G3’s Marble Valley & Lime Rock Valley developments that would allow 4000+ houses to be built on acreage currently zoned rural and approved for only 454 houses.
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