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File #: 20-1411    Version: 1
Type: Agenda Item Status: Approved
File created: 10/15/2020 In control: Board of Supervisors
On agenda: 11/17/2020 Final action: 11/17/2020
Title: HEARING - The Board is asked to consider a request from the El Dorado Hills Water District ("District") to adopt and authorize the Chair to sign Resolution 174-2020 revising development impact mitigation fees for the El Dorado Hills Fire Department. FUNDING: N/A
Attachments: 1. A - Resolution CPI Increase, 2. B - Counsel Approval, 3. C - EDH Fire Inflationary Adjustment Request, 4. D - Cost Index, 5. Executed Resolution 174-2020
Related files: 18-0232, 20-0738, 17-1355, 21-0113, 21-0459, 21-1563

Title

HEARING - The Board is asked to consider a request from the El Dorado Hills Water District ("District") to adopt and authorize the Chair to sign Resolution 174-2020 revising development impact mitigation fees for the El Dorado Hills Fire Department.

 

FUNDING:  N/A

Body

DISCUSSION / BACKGROUND

The California Mitigation Fee Act (Cal. Gov. Code §§ 66000-66025) provides for the establishment of fees on new development for the purpose of mitigating the effects of development on existing public facilities.  Special districts do not have statutory authority to impose these fees.  As a result, the Board of Supervisors has passed an ordinance providing for the establishment of such fees on behalf of special districts. The ordinance was codified as Chapter 13.20.

 

Development impact mitigation fees were first collected on the District's behalf in 1985. The current fees are based on a Fee Nexus Study and Report (Resolution 041-2018, Legistar File 18-0232) (“Report”) detailing the legal and policy basis justifying the development impact mitigation fee within the District.

 

The Report includes a recommendation for an annual inflationary adjustment based on the percentage change in the appropriate engineering cost index as published by the Engineering News-Record for the preceding twelve months. Resolution 041-2018 did not include a provision for automatic annual inflationary adjustments to the fee because any increase to the fee must be made by resolution of the Board of Supervisors at a noticed public hearing, pursuant to the Mitigation Fee Act. The District's last inflationary adjustment was in 2020, by adoption of Resolution 093-2020, increasing fees by 2.518%, based on the change in the Construction Cost Index for San Francisco from July 2018 through June 2019, as published in the Engineering News-Record.

 

In August 2020, the District adopted Resolution No. 2020-13, adopting an increase to the fees of 5.409%, based on the change in the Construction Cost Index from July 2019 through June 2020, and requesting the Board of Supervisors adopt the 5.409% increase to the established impact fees.

 

The proposed fees are as follows:

                                                                             

 

Current Fee (per s.f.)

Adjustment (5.409%)

Single Family Housing

$0.94

$0.99

Multi-family Housing

$1.54

$1.62

Mobile Home

$1.10

$1.16

Assisted Living Facility

$1.55

$1.63

Retail/Commercial

$1.59

$1.68

Office

$1.99

$2.10

Industrial

$1.46

$1.54

Agriculture

$0.62

$0.65

Warehouse/Distribution

$0.99

$1.04

 

                                                                           

Notice of today's public hearing was published in the Mountain Democrat on November 6, 2020 and November 13, 2020.

 

If approved by the Board, the revised fees will become effective 60 days following the Board's adoption of the resolution.  The County Planning and Building Department currently calculates and collects the fee, and will continue to do so as provided in the collection and indemnity agreement approved by the Board of Supervisors on December 19, 2017 (Legistar File 17-1355).

 

ALTERNATIVES

If the Board does not adopt this resolution, the existing fees would continue in effect.

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

County Counsel

 

CAO RECOMMENDATION

Approve as recommended.

 

FINANCIAL IMPACT

There is no direct fiscal impact to the County related to adoption of the fee other than the cost to publish the notice of the required public hearing.  The calculation, collection, and disbursement of fee revenue require some County staff time, the cost of which may be recovered through an administrative fee. 

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

N/A

 

STRATEGIC PLAN COMPONENT

N/A

 

CONTACT

Sue Hennike, Deputy CAO