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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

El Dorado County Grand Jury • 2013-2014

El Dorado County Grand Jury 2013-2014 Grading of Boulder Bump Road Case Number Gj-13/14-15

Published: June 15, 2014 4 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 9 findings

Non-paved private roads are notoriously deficient in meeting any standard. Situations like described here are opportunities to bring them to present day standards through a permitting process that embraces those standards.

The lack of information and plans by both the permit applicant and the Planning department make it impossible to validate the complainant’s claim. However, the Grand Jury does find that the Planning and Building Departments were deficient in their analysis of the scope of work for the project, acquisition and inspection of documents germane to the permit and subsequent inspections.

There was no evidence that the Development Services Department verified the existence of the easement and the permit applicant’s legal right to grade it at all, in any manner. Coupled with the improper parcel numbers referenced above the permit should not have been issued.

The permit was for roadway repairs and culvert installation, yet there was no inspection of culverts, but merely an inspection of rough grading, erosion control and a final inspection. Further, the Grand Jury finds that Development Services did not properly administer the County Grading, Erosion and Sediment Control Ordinance, and should have neither issued the permit nor inspected the work.

The El Dorado County Grading, Erosion, and Sediment Control Ordinance is Chapter 15.14 of the County Code. It is the law of El Dorado County. Public officials failed to follow the provisions of the Grading Ordinance; they failed to follow the law.

There was insufficient communication and interaction between the Development Services and Air Quality Management departments.

DOT was unable to recover the cost of cleaning up the washout. It did not have any record that it was actually done.

All County permit fees paid were later refunded by Board of Supervisors agenda item 11-1161 without explanation.

The El Dorado County Grading Ordinance may put undue burden on simple maintenance of rural roads when strict adherence to the Ordinance is practiced.

Recommendations 5

R1

The Grand Jury recommends that the administrative authority over the issuance of grading permits in Resolution 048-2007 be revised. The investigation of this complaint indicates that Development Services was not capable of properly administering the Grading, Erosion and Sediment Ordinance in this case. The Administration of the Grading Ordinance defined by Resolution 048-2007 should be revised to transfer administration under the headings Encroachments and General Grading from Development Services to the Department of Transportation. The Administration defined in heading Residential Grading should remain with Development Services.
R2

The Planning and Building Departments should exercise increased due diligence in the processing of permit applications, analysis of the project and acquisition and inspection of documents.
R3

The LMIS system should be improved to provide automatic notifications of one department’s activity that affect another department’s actions.
R4

The County Grading Policy should be evaluated and possibly changed to provide a well-defined, yet less onerous and more permissive permitting process for simple maintenance of rural roads. RESPONSES Responses to both findings and recommendations in this Report are required by law in accordance with California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, presiding judge of the El Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150. This Report has been provided to the El Dorado County Board of Supervisors, Development Services Department and Department of Transportation. The Presiding Judge of the El Dorado County Superior Court additionally requests that the responses be sent electronically as a “Word” file or “PDF” file to facilitate the economical and timely distribution of such responses. Please email responses to the El Dorado County Grand Jury at: [email protected] ATTACHMENTS [ Adobe Reader is required to view attachments ] El Dorado County Board of Supervisors Agenda Item 11-1161 El Dorado County Grading, Erosion and Sediment Control Ordinance (Chapter 15.14) El Dorado County Grading Design Manual
R5

The Sheriff is the moving party of the action to take the vehicle. The ordinance should mandate that the hearing officer be independent from the Sheriff's Department so that the hearing will be seen as a fair proceeding. RESPONSES Responses to both findings and recommendations in this Report are required by law in accordance with California Penal Code §933 and §933.05. Address responses to: The Honorable Suzanne N. Kingsbury, presiding judge of the El Dorado County Superior Court, 1354 Johnson Blvd., South Lake Tahoe, CA 96150. This Report has been provided to the El Dorado County Sheriff’s Office and the Board of Supervisors. The Presiding Judge of the El Dorado County Superior Court additionally requests that the responses be sent electronically as a “Word” file or “PDF” file to facilitate the economical and timely distribution of such responses. Please email responses to the El Dorado County Grand Jury at: [email protected] ATTACHMENT [ Adobe Reader is required to view attachment ] El Dorado County Sheriff’s Office – Vehicle Abatement Program -14

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.

El Dorado County Board of Supervisors Elected County Office

Golden Gate Bridge Highway and Transportation District Transit Authority