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County Counsel recommending the Board authorize the Chair to sign the Indemnity, Hold Harmless, Estoppel, and Defense Agreement between El Dorado County and Joe Harn, individually and as the Auditor-Controller of the County of El Dorado relating to the transfer or disbursement of funds by the Auditor Controller to the County or a special district pursuant to a request under the Mitigation Fee Act.
FUNDING: This is a non-monetary agreement. If defense and indemnification under the Agreement becomes necessary the County will have options as to how to fund such defense and indemnity including the Risk Fund or the Mitigation Fee Account which was the subject of the transfer.
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DEPARTMENT RECOMMENDATION
County Counsel recommending the Board authorize the Chair to sign the Indemnity, Hold Harmless, Estoppel, and Defense Agreement between El Dorado County and Joe Harn, individually and as the Auditor-Controller of the County of El Dorado relating to the transfer or disbursement of funds by the Auditor Controller to the County or a special district pursuant to a request under the Mitigation Fee Act.
DISCUSSION / BACKGROUND
Pursuant to the California Mitigation Fee Act, (Cal. Gov. Code § 66000 et seq.) Local agencies may establish fees in connection with the approval of a new development project to offset the costs of, new public facilities that become necessary as a result of new development projects.
In 1988, the County of El Dorado passed Ordinance No. 3991 establishing a “Fire District Improvement Fee” which authorizes the El Dorado County Board of Supervisors to adopt and collect fees on behalf of fire districts within the County to offset the impacts of new development on fire protection services.
In 1995, the County of El Dorado passed Ordinance No. 4404, establishing “CSD and Parks and Recreation Impact Mitigation Fees,” which authorizes the El Dorado County Board of Supervisors to adopt fees on behalf of community services districts within the Cou...
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