HomeMy WebLinkAboutRESOLUTIONS - 08102004 - 2004-426 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Order on August 10, 2004 by the following vete:
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ABSTAIN: Nm RESOLUTION NO. 2004/426
SUBJECT: NE1:'tf & REVISED FEES FOR LAND DEVELOPMENT APPLICATIONS —
CLEAN WATER ADMINISTRATIVE FEE
The Beard of Supervisors of Contra Costa County RESOLVES as follows.
A. BACKGROUND FINDINGS:
1. The County of Contra Costa has conducted an 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's policy is to recover 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, by ordinance, established its policy
on the recovery of costs, particularly, the percentage of costs reasonably borne
from users of County services and directed staff as to the methodology for
implementing said ordinance.
5. It is the intention of the Board of Supervisors to develop, as necessary, a
revised schedule of fees and charges based on the County's budgeted and
projected costs reasonably borne, for each fiscal year.
6. Pursuant to Government Code Section 66016, the specific fees to be charged
for services may be adopted by the Board of Supervisors by Resolution, after
providing notice of and holding a public hearing at which oral and written
presentations may be made, and providing an opportunity to review the supporting
data upon which the fees are based at least ten days before the hearing. This
Board finds that all of the requirements of Government Code Section 66016 have
been met.
7. Pursuant to Government Code Section 66018 other fees for services may be
charged after providing notice pursuant to Government Code Section 6062a and
holding a public hearing at which oral and written representations may be made.
This Board finds that all of the requirements of Government Code Section 661018
have been met.
B. ADOPTION OF FEE-
I. Fee Schedule Adoption. The fees set forth in Exhibit A, attached hereto and
incorporated herein by this reference, are hereby adopted and shall be charged
and collected for the services enumerated therein.
2. Ser)arate 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 unit.
3. Added Fees and Refunds. One and one half times the set fee shall be charged
for accelerated processing. 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 and provided the requirements of Government
Code Sections 29373.1 and 29375.1 and amendments thereto are met. Where a
fee payment is over 60 days past due, the departments shall seek a court
judgment against the debtor and will charge interest at a rate of 10% from the date
of judgment.
4. Establishment of a Trust Fund, The Auditor-Controller shall establish a trust
fund for joint Community Development/Public Works application review fees, and
the Treasurer shall invest said deposits with interest to accrue in the trust fund.
5. 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 and in Ordinance No. 98/196, as said ordinance is amended from time to
time.
6. Interpretation. This Resolution may be interpreted by the several involved
County department heads in consultation with the County Administrator. The
department heads may reasonably and consistently modify a fee calculation
methodology such that the resulting fee amount more closely reflects the cost
reasonably borne for providing a service. If there is a conflict between two fees, the
lower in dollar amount of the two shall be applied.
7. 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).
8. Repealer. All resolutions and other actions of the Board of Supervisors in
conflict with the contents of this Resolution, including Resolution No.95-535, are
repealed to the extent of any conflict, on the operative date of the conflicting
provisions hereof. 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.
9. Effective. This Resolution is effective immediately upon adoption subject to any
applicable terms and conditions of Ordinance No. 98/196, as amended, except that
fees imposed herein on development projects (Gov. Code, §66000) become
effective 60 days after adoption.
10. Supersedes. Th* Resolution supersedes Resolution No. 98/196 and
Resolution No. 200356.
Orig.Dept: Community Development
Contact Person: Catherine Kutsuris
cc: Community Development I hereby certify that this is a true and correct copy of an
Public Works action taken and entered on the minutes of the Board of
Building Inspection Supervisors on the date shown.
Northern California BHA
Attn: Guy S.Bjerke AI7ESTEI7:
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JOHN SWEE1 ,Clerk of the Board of Supervisors and
County A mistrator
By: r z € %° - 4 Deputy