§ 22.262

Specific terms used in this Chapter are defined in Section 22.14.130(M) of Division 2 (Definitions), under "Major Project Review Trust Funds."

(Ord. 2022-0008 § 143, 2022.)

A.

There are hereby authorized within the treasury of the County special trust funds to be known as the "Major Projects Review Trust Funds."

B.

Each fund shall be used to provide additional human and physical resources to the County solely to process discretionary land use actions and to prepare and review associated environmental documents for major projects proposed in the County.

(Ord. 2022-0008 § 143, 2022.)

A.

Each fund shall be administered by the Department to provide for necessary staffing, expense, and equipment for the aforesaid purposes only, and in accordance with established County practices.

B.

Each fund shall be interest bearing, and a separate fund shall be established for each major project.

C.

All amounts received from a project applicant under a supplemental service agreement, as defined in Section 22.262.040 (Supplemental Fee Agreement), shall be placed in the fund established for that major project. Notwithstanding any other ordinances to the contrary, when a project applicant enters into a supplemental service agreement with the County, any fees paid by that applicant related to processing the discretionary land use actions shall be placed within the fund and not in the general fund. Funds from any appropriation to the fund approved by the Board shall be placed in the fund.

D.

The Department shall be responsible for maintaining the accounting records relating to each fund.

E.

The Board declares its intention to authorize positions necessary to carry out the work programs provided for in each supplemental service agreement for the fiscal year, which positions and related expenses will be funded from the fund. The Chief Executive Officer may authorize interim staffing during the fiscal year when needed to provide for necessary adjustments in personnel during any quarterly period.

F.

The County services authorized by this Chapter shall be paid for at rates sufficient to provide for the full recovery of the costs to the County of providing the services, and the rates shall be reviewed and approved by the Auditor-Controller.

(Ord. 2022-0008 § 143, 2022.)

A.

Any supplemental service agreement entered into pursuant to this Chapter shall be negotiated by the Department and executed by the Chief Executive Officer.

B.

The agreement shall include, but need not be limited to, substantially the following provisions:

1.

The County and the applicant, hereinafter referred to as the "parties," shall agree upon the processing services which will be required to process the discretionary land use actions, including environmental reviews, and the personnel, estimated time, and physical resources which the County will need to accomplish those processing services.

2.

The parties shall agree on the number and type of employees that the County shall assign to perform the processing services with the understanding that one or more employees may be utilized to perform any designated tasks and that the County may replace any employee that is assigned to perform a processing service at any time.

3.

The costs which are to be funded shall consist of the actual costs to the County which include, but are not limited to: wages, other benefits, and overhead, which are incurred in connection with the employees assigned to perform the processing services for the major project, the direct costs of material and equipment required to furnish the processing services, the reasonable out-of-pocket expenses incurred by any employee assigned to furnish the processing services, and the costs of hiring outside consultants necessary to provide the County with special expertise.

4.

The applicant shall deposit funds into a fund for that major project on a quarterly basis in an amount estimated to pay for the costs of providing the processing services for the following quarterly period.

5.

The parties shall meet quarterly during the term of the agreement to review the amount of funds remaining in the fund and to review, reevaluate and negotiate in good faith the number and type of employees necessary to accomplish the processing services for the next quarterly period and the estimated costs for the services.

6.

The Department shall promptly advise the applicant if, at any time during the quarterly period, the Department believes that the costs of accomplishing the processing services for the quarterly period will exceed the previous estimate.

7.

The parties shall agree to a procedure for deposit of additional funds if the existing funds are not adequate to pay for the agreed upon services for the quarterly period.

8.

The involved County departments shall maintain appropriate records of their actual costs of the processing services.

9.

Entering into the agreement is voluntary.

The agreement shall not control, limit, or influence any County approval, disapproval, or condition of any discretionary land use action or associated environmental document. The County has the sole discretion to direct the work of any County employee or consultant retained to evaluate, or to assist with the preparation of, any discretionary land use action or associated environmental document. The cooperation of any such employee or consultant shall be exclusively determined by the County and shall not be dependent upon the approval by the County of any discretionary land use action. The agreement is not contingent upon the hiring of any specific employee or the retention of any specific consultant.

(Ord. 2022-0008 § 143, 2022.)

Chapter 22.264 - LIBRARY FACILITIES MITIGATION FEE