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Chief Administrative Office recommending the Board to order the Auditor-Controller to disburse $496,446 to the Rescue Fire Protection District from its Development Impact Mitigation Fee account for a new capital asset/Type 1 Engine associated with growth within the District.
FUNDING: Development Impact Fees.
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DISCUSSION / BACKGROUND
The California Mitigation Fee Act (Gov. Code §66000 et seq.) authorizes the establishment of fees to offset the impacts of new development on public facilities, ensuring that service levels are maintained as growth occurs. Because individual Special Districts lack the authority to impose these fees independently, the County establishes and collects the fees on their behalf. In compliance with the Mitigation Fee Act, the revenue is deposited into separate, dedicated accounts for each district.
The Board of Supervisors adopted Resolution 063-2018, approving the Districts’ Impact Fee Nexus Study and authorizing the collection of development impact fees in compliance with the California Mitigation Fee Act. The Nexus Study identifies the fire protection and emergency response facilities, apparatus, and equipment necessary to meet the increased demand resulting from new development within the District’s boundaries.
The District's request for a new Type 1 Engine is a key component of the five-year Capital Improvement Plan outlined in the Nexus Study. This addition is essential to maintaining service levels in response to the growing demands placed on the District by continued development. The cost for the Type 1 Engine is $496,446.
The County has entered into an agreement with the District, whereby the District agrees to "hold County harmless and defend County and its employees, officers, and agents from any claim, liability, or action" resulting from the County’s calculation, imposition, and collection of impact fees on the District’s behalf.
The Chief Administrative Office recommends disbursing funds for the above-described uses because they are consistent with the purpose for which the fee was collected, the District and County are currently in compliance with the Mitigation Fee Act, and the indemnity agreement between the District and the County sufficiently protects the County from potential liability related to the disbursement.
ALTERNATIVES
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PRIOR BOARD ACTION
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OTHER DEPARTMENT / AGENCY INVOLVEMENT
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FINANCIAL IMPACT
There is no fiscal impact on the County. The county collects impact mitigation fees on behalf of the district and holds them in a separate account. The account balance as of April 9, 2025, is $1,053,254.90.
CLERK OF THE BOARD FOLLOW UP ACTIONS
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STRATEGIC PLAN COMPONENT
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CONTACT
Tara Stout, Principal Management Analyst