HomeMy WebLinkAboutRESOLUTIONS - 09171991 - 91-631 ' S �J
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution onSit. 17,1991 , by unanimous . : vote as follows:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Urgency Adoption of Revised ) RESOLUTION NO. 91/631
Fees for Land Development ) (Gov. Code, § 66017 )
Applications, Permits , )
Inspections , Plan Checking, )
Map Checking and Other )
Related Services )
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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 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 . Heretofore, the Board of Supervisors has adopted Ordinance
No. 91-40 on August 12, 1991, 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 . By separate resolution, the Board of Supervisors has or
will establish 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
66017 , shall not become effective until 60 days after passage of the
aforementioned resolution.
6 . ' There is an urgent need for the protection of public
health, welfare and safety for the immediate increase and establishment
of the Development Fees . Similar fees currently in effect are in amounts
which are less than necessary to meet the cost recovery requirements of
Ordinance No . 91-40 . Therefore, special development services performed
are being unfairly subsidized by the general fund. For each day that
development services must be provided at rates which do not recover
reasonably borne costs, there is an incremental and detrimental affect on
the public health, welfare and safety, due to the diversion of funds
from general services and programs needed for the public health, welfare
and safety.
RESOLUTION N0. 91/631
a
B. URGENCY ADOPTION OF FEES .
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 adopted on an urgency interim basis,
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 . Defining 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.
5 . Interpretation. This Resolution may be interpreted by 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.
8 . Effective and Expiration Dates . This resolution becomes
effective immediately upon adoption on September 17 , 1991 and shall be
operative for thirty ( 30 ) days (through October 17 , 1991 ) , pursuant to
Government Code section 66017 .
Orig. Dept: . County Administrator
cc: Public Works
County Counsel
County Auditor-Controller
Building Inspection ( here this
Community Development an actNon taken nand anwo on athe correctnd the
Northern California BIA Bowd of SupwAsm ft Oft dMWL
Attn: . Guy S . B j erke ATTESTEM _, q 5
PHIL BATCH it.CM*of the Board
of SupWWOM and Cowry►AdminNtinkm
By Deputy
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RESOLUTION 91/631