HomeMy WebLinkAboutRESOLUTIONS - 11051991 - 91-737 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 5,, 1991, by four/fifths vote as
follows:
AYES: Supervisors Schroder, McPeak, Torlakson, Powers
NOES: Supervisor Fanden
ABSENT: None
ABSTAIN: None
SUBJECT: Second Extension of Urgency ) RESOLUTION N0. 91/--737
Adoptior!`'Of Revised Fees for ) (Gov. Code, S 66017)
Land Development Applications, )
Permits, Inspections, Plan . )
Checking, Map Checking and )
Other Related Services )
The Board of Supervisors. of Contra Costa County resolves as follows:
A. BACKGROUND, FINDINGS. '•
1 . The County of Contra Costa has conducted an extensive and
exhaustive analysis of its services, the costs reasonably I borne of
providing those services, the beneficiaries of those services, and the
revenues produced by those paying fees and charges for special services:
2. The County wishes to comply with both the letter and the
spirit of Article XIIIB of the California Constitution and limit the
growth of taxes .
3 . The County desires to establish a policy of recovering the
full costs reasonably borne of providing special services of a �voluntary
,and limited nature, so that general taxes are not diverted from general
services of a broad nature and used to unfairly and inequitably subsidize
special services .
4 . On August 12, 1991, the Board of Supervisors adopted
Ordinance No. 91-40, establishing its policy on the recovery of costs,
particularly, the percentage of costs reasonably borne from users of
County services and directing staff as to the methodology for
implementing said ordinance.
5 . On September 17, 1991, the Board of Supervisors adopted
Resolution No. 91-Gsa-, establishing fees for land development
applications, permits , inspections, plan checking, map checking and other
related services, which fees ( "Development Fees" ) adhere to the policy of
the Board of Supervisors, set forth in Ordinance No. 91-40, to recover
that percentage of costs reasonably borne, as determined by the Board in
said Ordinance. Said fees . primarily include fees to be charged to
development projects (Gov. Code, $66000) ; therefore, pursuant to
Government Code Section 6.6017, shall not become effective until 60 days
after passage of the aforementioned resolution.
6 . By separate resolution on September 17, 1991 (Resolution
No. 91_ 63I ) , the Board found there is an urgent need for the protection
of public health, welfare and safety for the immediate increase and
establishment of the Development Fees and therefore adopted said
Development Fees on an urgency interim basis . By Resolution adopted
pursuant to Government Code section 66017, said urgency adoption. of
Development Fees was extended for 30 days (Resolution No. 91 rR4 ) .
Pursuant to Government Code section 66017, the urgency adoption of the
Development Fees is further extended for a second 30-day period. The
Board hereby finds that public notice and hearing was provided in
accordance with Government Code section 66016 and 66017 .
RESOLUTION NO. 91/737
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B. SECOND EXTENSION OF URGENCY ADOPTION OF FEES. j
1 . Fee Schedule Adoption. Pursuant to Government Code Section
66017, the fees set forth in Exhibit A, attached hereto and incorporated
herein by this reference, are hereby extended for a second 30-day period,
and shall be charged and collected for the services enumerated therein.
2. Separate Fee for Each Process All fees set by this
resolution are for each identified process. Additional fees shall be
required for each additional process or service that is requested or
required, Where fees are indicated on a per unit of measurement basis,
the fee is for each identified unit or portion thereof within the
indicated ranges of such units .
3 , Added Fees and Refunds . Where additional fees must be
charged and collected for completed staff work, or where a refund of
excess deposited monies is due, and where such charge or refund is ten
dollars ($10=00) or less, a charge or refund need not be made, pursuant
to the requirements of Government Code Sections 29373.1 and 29375.1 and
amendments thereto provided said requirements are met.
4 . Defininct and Timing of Fee Schedule. Definitions regarding
and the timing of the implementation of the herein enumerated fee
schedule shall be as set forth herein.
1 5. Interpretation. This Resolution may P Y be interpreted b the
several County department heads in consultation with the County
Administrator. If there is a conflict between two fees, the lower in
dollar amount of the two shall be applied.
6 . Severability. If any portion of this resolution is
declared invalid or unenforceable by a court of competent jurisdiction,
the Board of Supervisors hereby declares that it would have adopted the
remainder of this Resolution regardless of the absence of the invalid
part(s) .
7 . Repealer. All resolutions and other actions of the Board
of :Supervisors in conflict with the contents of this Resolution are
repealed to the extent of any conflict, during the operative dates of the
conflicting provisions of this Resolution. Obligations existing under
any resolution or other Board action repealed by this section shall not
be affected, and shall remain in full force and effect.
6. Effective and Expiration Dates . This . resolution becomes
effective immediately upon adoption on November 5 , 1991 and shall be
operative for thirty (30) days, pursuant to Government Code section
66017.
1 hereby certify that this is a true and correct copy of
Ori ." De t. Count Administrator
g . P y mnsraor an action taken rnd entered on the minutes of the
cc: public Works Board of Supervisors on the date.shown.
County Counsel ATTESTED:
County Auditor-Controller PHIL BATCHELOR, :'lerk of the Board
Building. Inspection of Supervisors and County Administrator
Community Development
Northern California BIA �► �G .Deputy
Attn: `Guy 5. Bjerke
RESOLUTION NO. 91/737
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