Title
Chief Administrative Office recommending the Board authorize the Chair to execute collection and indemnity agreements with the following special districts, on whose behalf the County has established development impact mitigation fees: Diamond Springs/El Dorado Fire Protection District, Georgetown Fire Protection District, and Cameron Park Community Services District (Parks and Recreation). (Est. Time: 15 Min.)
Body
DEPARTMENT RECOMMENDATION
Chief Administrative Office recommending the Board authorize the Chair to execute collection and indemnity agreements with all special districts on whose behalf the County has established development impact mitigation fees.
DISCUSSION / BACKGROUND
The establishment and administration of development impact mitigation fees are governed by the Mitigation Fee Act (Cal. Gov., 66000 et seq.) ("the Act"); however, the County adopted Chapters 13.20 and 13.30 of the county ordinance code regarding development impact fees on behalf of special districts for fire protection services and parks and recreation, respectively.
On August 29, 2017, the Board approved revisions of Chapters 13.20 and 13.30, which will become effective on December 26, 2018. Under the amended ordinance, collection of any fee on behalf of a special district must be pursuant to a written agreement that clearly defines the rights and duties of each party and provides for the district to defend, indemnify, and hold the County, its officers, agents, and employees harmless from and against any and all liability, loss, damage, claims, judgments, costs, staff time, losses, expenses, and any other costs of defense arising out of, resulting from, or related to the creation, establishment, modification, collection, or disbursement of fees on behalf of the district. At the time of approval of the revised ordinance, it was agreed that the revisions would take effect 120 days following final adoption, in order to provide time for districts to enter into agreements. ...
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