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County Counsel recommending the Board order the Auditor-Controller to process a journal entry transferring the amount of $1,738,070.04 from the El Dorado Hills Community Services District Development Impact Mitigation Fee Account (8963117) to the operating account designated by the District.
FUNDING: El Dorado Hills Community Services District Development Impact Mitigation Fees.
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DEPARTMENT RECOMMENDATION
County Counsel recommending the Board order the Auditor-Controller to process a journal entry transferring the amount of $1,738,070.04 from the El Dorado Hills Community Services District Development Impact Mitigation Fee Account (8963117) to the operating account designated by the District.
DISCUSSION / BACKGROUND
At the request of the El Dorado Hills CSD, the Board of Supervisors established a development impact mitigation fee on June 3, 1997, pursuant to Resolution No. 112-97. The County collects the fee on behalf of the CSD. The funds are maintained in a separate account, and when the CSD expends funds on eligible projects, the County transfers the funding from the CSD's Development Impact Mitigation Fee account to the CSD's operating account.
In December, 2015, Thomas Austin, et al, filed suit against the County and EDH/CSD, which, among other things, demands a refund of all moneys collected under the Mitigation Fee Act on behalf of the District. This case is still pending in El Dorado County Superior Court.
On May 4, 2017 the EDH/CSD made a request for disbursement of funds in the amount of One million three hundred six thousand eighty-six dollars and sixty-four cents ($1,306,086.64) for prepayment of the Promontory Park Capital Facilities lease payments; and
On May 8, 2017 the EDH/CSD made a request for disbursement of funds in the amount of Four hundred thirty-one thousand nine hundred eighty-three dollars and forty cents ($431,983.40) for the November 1, 2016 and May 1, 2017 Promontory Park Capital Facilities lease payments ($344,8...
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