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Home My WebLink AboutMINUTES - 06251985 - IO.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted tills Order on lune 25., 1c8S , by the following vote: AYES: Supervisors Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT proposed Adoption of Fees ) for Permits , Inspections , ) :Plan-Checking and Other ) RESOLUTION NO. 85/ 398 Services ) (Govt . C. §§54986 , 54992 & 65962) ------------------------------------ The Board of Supervisors of Contra Costa County, California , as the governing body of the Contra Costa County Fire Protection District , RESOLVES THAT: 1 . A public meeting shall be held before this Board on July__ _3O, 1985 at _2:_3_0 P.M. in the Board of Supervisors Chambers , County Administration Building, 651 Pine Street , Martinez, California, to consider the adoption of fees for permits , inspections , plan- checking and other services performed by the District and to con- sider any oral or written presentations that may be made at the meeting . 2 . The Clerk of the Board is DIRECTED, at least 14 days prior to the meeting , to cause the attached Notice to be published one time in the "Contra Costa Times , " a newspaper of general cir- culation. 3 . The Clerk of the Board is DIRECTED, at least 14 days prior to the meeting , to mail a copy of the attached Notice to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District , as provided by Government Code §§54986 (a) and 54992 (a) . 4 . The District Fire Chief is DIRECTED, at least 14 days prior to the meeting , to file with the Clerk of the Board data indicating the proposed fees , the cost or estimated cost of pro- viding the services or enforcing the regulations and anticipated revenue sources , as required by Government Code S§54986(a) and 54992 (a) . 5 . The Clerk of the Board is DIRECTED, upon request , to make the data available for public inspection. 6 . Any action by the Board to levy a new fee or charge or to approve an increase in an existing fee or charge will be taken by ordinance,. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BA CHELOR, Clod. of i Board of Supervisors and Counl.y Admin'strator Orig. Dept.: i cc: County Administrator 2 County Counsel By Deputy . William F. Maxfield, Fire'Chief Centra Costa County Consolidated Fire District Northern California Bldg. Industry Assn Attn: Dean LaField Ralph Garrow Inc. P.O. Box 367, Antioch RESOLUTION NO. 85/398 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _June 25 , 1985 , by the following vote: AYES: Supervisors Schroder , McPeak, Torlakson, Fanden NOES: None ABSENT: Supervisor Powers ABSTAIN: " None SUBJECT: Fire District Administrative Permit Fees and Fees for General Plan Fire Facilities Reviews The Internal Operations Committee (Supervisors Tom Torlakson and Supervisor Nancy Fanden substituting for Supervisor Tom Powers) submitted a' report dated June 24, 1985 on fire district administrative permit fees and fees for General Plan fire facilities reviews . Copy of said report is attached hereto and by reference incorporated herein. The report presented several recommendations which afforded the Board a choice as, to the course of action it wished to pursue . Following discussion of Board members , IT IS BY THE BOARD ORDERED that recommendation number 1 was APPROVED with the adoption of Resolution No. 85/398 fixing July 30 , 1985 at 2: 30 P .M. for hearing; on proposed fire district fees . IT IS FURTHER ORDERED that recommendation number 2A was APPROVED asmodified, fixing September 10, 1985 at ,.10: 30 A.M. for hearing to consider adoption of an ordinance requiring applications for rezoning, subdivisions , etc . to provide and demonstrate con- sistency with .the General Plan, particularly as it relates to the Fire Protection Plan portion of the Community Facilities element . IT IS FURTHER ORDERED that the Director of Community Development is DIRECTED to circulate the proposed ordinance to the cities in the County and request them to schedule hearings in September on this matter . IT IS FURTHER ORDERED that the Director of Community Development is REQUESTED to give notification of the September 10 hearing to all concerned parties . FURTHER , IT IS ORDERED that Supervisor Torlakson and the County Administrator are DIRECTED to share the concept of a plan- checking fee with The Mayors' Conference at their August meeting and urge each city to consider adopting such an ordinance in September to coincide with the Board' s September 10 hearing on this subject . 1 hgreby certify that this Is .vue and correct copy sof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTEStED: v2•�� /2z� - PHIL B TCHELOR, Clerk of the Board of Supervisors and County Administrator by �� , Deputy cc: Director , Community Development County Administrator Fire Chiefs' Association County Counsel I .O. Cte . TO: BOARD OF SU&VISORS • Contra FROM: INTERNAL OPERATIONS COMMITTEE Costa DATE: June 24 , 1985 County SUBJECT: Fire District Administrative Permit Fees and Fees for � ��J General Plan Fire Facilities Reviews SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Fix either July 23 , 1985 , or July 30, 1985, at 10 : 30 A.M. , in the Board Chambers as the date, place, and time to hold a public hearing to consider the adoption of fees for permits, inspections , plan checking, and other services performed by the Contra Costa County Fire Protection District, and adopt the attached Resolution relating thereto. (Supervisor Torlakson prefers the July 23rd date. Supervisor Fanden, who was substituting for Supervisor Powers , would prefer to wait until the full Board is available on July 30. ) 2. Adopt one or the other of the following recommendations: A. 1 ) Fix July 23 , 1985 at 10 : 30 A.M. in the Board Chambers as the date, place, and time to hold a public hearing to consider the adoption of an ordinance requiring that applications for rezonings, subdivisions, and other planning entitlements, demonstrate General Plan consistency, particularly with regard to the fire protection plan portion of the Community Facilities element. 2 ) Order the Director, Community Development Department, to circulate the proposed ordinance to each city in the County, requesting the cities ' comments and support of the ordinance, and urging that each city also adopt a similar ordinance. 3 ) Order the Director, Community Development Department, to request time on the agenda for the Mayors ' Conference meeting in August to discuss the proposed ordinance and explain the need for the cities to each adopt a similar ordinance. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR �X RECOMMENDATION OF BOARD COMMITTEE APPROVE /� �Roj&,lV/Y l SIGNATURES) Tom Torlakson Nancy Fanden Page 2 (Supervisor Torlakson prefers the above recommendations in that the Board of Supervisors would be exercising the leadership of adopting an ordinance and then requesting the cities to take similar action. ) B. Order the Director, Community Development Department, to circulate the proposed ordinance to each city, request the city to adopt the ordinance, and report to the Board when the majority of the cities in the County have adopted such an ordinance so the Board of Supervisors can then consider adoption of a similar ordinance. ( Supervisor Fanden prefers to see some demonstration on the part of the cities that they are willing to impose these fees before the Board does so in order to protect the interests of the citizens in the unincorporated area of the County. ) BACKGROUND:' On March 26 , 1985 , the Board directed the County Administrator ' s Office, Director of Planning (now Community Development) , Fire Chiefs ' Association, and County Counsel to prepare a report for our Committee on current provisions in the Ordinance Code and State law relating to the right and responsibility of fire districts to perform certain administrative functions and charge fees for those functions. On June 24 , 1985 , our Committee received and considered two report:; from County Counsel: one on the administrative permit fees specifically for the Contra Costa County (Consolidated) Fire Protection District, and the other on the broader issue of the ability of -the County and Fire Districts to charge a fee to review planning entitlements for consistency with the County General. Plan. In regard to the administrative permit fees, the County Counsel has prepared a Resolution fixing the public hearing and providing for the necessary public notice. Once the Board has concluded the required hearing, the necessary fees can be approved by ordinance. Our Committee, with Supervisor Fanden substituting for Supervisor Powers, agrees that we should move ahead with the . imposition of the necessary administrative permit fees. Supervisor Torlakson would like to move on this as quickly as possible and is, therefore, recommending that the hearing be held July 23rd. Supervisor Fanden would prefer waiting until the full Board is present to hear the matter and is, therefore, recommending that the hearing be set for July 30th. In regard to setting a fee for a review of the fire protection plan portion of the Community Facilities element of the County General Plan, County Counsel points out that the fire districts have no direct authority to impose such a fee. However, as a part of the existing fee structure, the Community Development Department could charge a fee and in turn contract with the respective fire districts to provide a specialized and technical review for consistency with the fire protection plan. Since this fee would be imposed by the County, it would only be applicable within the unincorporated area of the County. This would mean that each city would then have to enact a similar ordinance and contract with the fire district in order for the fire district to recover the necessary revenue .to cover the cost of these General Plan reviews. Page 3 Supervisor Torlakson believes that the cities will enact such an ordinance once the County does so and is, therefore, recommending that the Board of Supervisors move ahead with enactment of the ordinance, with the understanding that the cities would immediately be urged to enact a similar ordinance. Supervisor Fanden believes that the interests of the citizens in the unincorporated areas of the County would best be served by insuring that the cities have demonstrated their willingness to impose such a fee by enacting an ordinance, following which the Board could do so once they saw evidence of the cities ' willingness to do the same. It is, therefore, necessary for the Board in Recommendation No. 1 to determine which date the public hearing on the administrative permit fees will be held, and in Recommendation No. 2 to determine which process is most appropriate in terms of imposing a fee for General Plan fire facilities ' reviews . If the ordinance providing for the General Plan fire facilities ' review is enacted, the Board would then need to conduct a public hearing and enact an additional ordinance to actually increase the planning fees. Jill THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on , June 25Z 1985 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, and Torlakson NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Recycling Center Contract Supervisor Torlakson commented on a contract that is currently being finalized relative to the operation of the Recycling Center for a five-year period. He expressed his recommended appro- val of the contract . Board members CONCURRED and DECLARED their intent to approve the contract when submitted for the Chair' s signature. an a 2lonj taE,en and onlc.ed on the :.IMu es of the Board of Supervisors on the date shown. ATTESTED: !"`L -Ji- , / ?gg PHIL BATCHELOR, Clerk of the Board Of Supervisors and County Administrator By [ - J , Deputy cc: Community Development Director County Administrator