The Amador County Planning Commission delayed making any recommendation on the Wicklow Way subdivision Tuesday night.

Photo by: Jerry Budrick

Faced with doubts about the adequacy of a number of aspects of the Wicklow Way subdivision draft environmental impact report, the Amador County Planning Commission on Tuesday night requested supplemental information from the developer, postponing any possible decision on finalizing the DEIR.

The next planning commission meeting is scheduled for Oct. 28, at which time the applicant is expected to bring the requested information and is expecting to receive a decision in return.

"Will we be able to bring this up for a vote next time?" asked Lemke Construction representative Susan Larson. "I'm asking that you allow me to provide all the data and you commit to making a decision at that meeting."

The commissioners tentatively agreed, although Foothill Conservancy attorney Tom Infusino interrupted the proceedings to remind them, "If new information is brought forth on the 28th, it's new analysis and subject to public review."

The commissioners requested information about water issues; traffic mitigation plans; law enforcement, library and recreation impacts on Jackson; and the fiscal feasibility of mitigations planned in the future. They also requested a financial analysis, though fully aware that it cannot be required as part of an EIR.

During the course of the meeting, an ongoing dispute between the city of Jackson and the Amador Water Agency over whose service area includes Wicklow Way was introduced by a number of speakers. Larson told the commission that the applicant had originally applied to the city of Jackson for water and wastewater service, but the city had sent them to the county and, ultimately, to the water agency.

"The city of Jackson's decision to turn down the project," responded Jackson Planning Director Susan Peters, "was over wastewater."

Assistant County Counsel Greg Gillott was called into the fray. "The county has found that, under the contract between the water agency and Jackson, both have the right to serve this area," he said.

"Jackson does not have the exclusive right to serve the area," insisted AWA engineering and planning manager Gene Mancebo.

"The 2008 Municipal Services Report, done for LAFCO," said Jackson Planning Commissioner Dave Butow, "shows this area in the water service area of Jackson. Also, there are agency regulations prohibiting them from superceding the rights of cities."

"In the dispute between Jackson and the water agency," Larson said, "we are an unfortunate ping pong ball. This should not hold up approval tonight."

Further fuel was added to the water issue by water agency candidate Bill Condrashoff. "The water supply analysis has to be complete," Condrashoff said. "There's nothing in the analysis about the flow. The water supply assessment (prepared by the water agency for Wicklow Way) is blatantly inaccurate."

Mancebo responded, "We believe the analysis is accurate."

"I'm in favor of approving this EIR, at least as it concerns traffic," said county Public Works director Larry Peterson. "The applicant has worked extremely well with Public Works and the Amador County Transportation Commission."

ACTC executive director Charles Field agreed. "We had issues last year," he said, "and Lemke did a new traffic study that may be the best we've ever had done in the county."

Field told the commission that ACTC would have an informative graphic presentation ready in the near future. Field's presentation became part of what will be available at the next meeting.

A traffic issue of great concern emerged in discussion of the proposed school site adjacent to Argonaut High School. "One way in and one way out (of the school site)," said Commissioner John Gonsalves, "has not been adequately addressed. There have to be analyses of impacts to Westview Drive and to parents if Westview is used."

"Law enforcement has become a lost issue," Peters said. "This is not an environmental issue, but it is an impact. We are already overcrowded."

Fears were expressed that mitigation measures planned for dates in the distant future might never be implemented. Commissioners requested analysis of the fiscal feasibility of such mitigations.

The need for a fiscal analysis was voiced by all commissioners at one point or another, prompting Chairman Andy Byrne to remark, "It's very rare that we all agree on something."

Actually, he could well have meant many other points of agreement during the nearly five-hour meeting, as there was apparent consensus among the commissioners that more information on a number of subjects was essential. "Are we at an impasse?" Commissioner Ryan asked rhetorically. "The answer is yes. There are just too many if's."