HomeMy WebLinkAboutMINUTES - 03031987 - 1.37 TO- BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator
-
DATE' February 26, 1987 Costa
SUBJECT:
Legislation: Assembly Bill 13 (Leonard)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACWROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of opposition to AB 13 by Assemblyman William
Leonard which would prohibit development fees for public capital
facilities or improvements from exceeding the need for the
facility or improvement caused by the development.
BACKGROUND:
Currently, as a condition of granting development rights to a
developer, the developer is frequently required to provide for
public improvements or capital facilities, such as roads,
bridges, parkland, school sites, etc. While an effort is always
made to be fair to the developer in terms of how much in the way
of public improvements he pays for, this is a negotiated
agreement between the developer and the County. On occasion,
developers of large projects are asked to finance major road,
bridge, or freeway overpass improvements because of the
anticipated additional demands that development will place on
public infrastructure. It is impossible, however, to precisely
anticipate how much additional demand for public facilities will
be required by a particular development.
AB 13 has been introduced by Assemblyman Leonard. AB 13 , as
amended January 16 , 1987 , would prohibit any development fee,
charge, other exaction, dedication or reservation imposed by a
city or county on a development from exceeding the need for the
facility or improvement caused by the development. This type of
limitation on the County will lead to endless disputes over how
much a particular development will contribute in the future to
road needs, storm and sanitary sewer requirements, park
requirements, etc. Rather than being able to negotiate these
requirements, the County will constantly be on the defense to
prove to a developer that a particular development will
contribute specific levels of need for public infrastructure.
This is felt to be an unworkable system and one which must be
resisted by the Board of Supervisors. We, therefore, recommend
that the Board oppose AB 13 .
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE i S : t1
ACTION OF BOARD ON Varch 3, 1707 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS (ABSENT ��` AMID CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED _ MAR 3 1987
Public Works Director PHIL BATCHELOR, CLERK OF THE BOARD OF
Community Development Director SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Larry N'aake, Director, CSAC
BY ,DEPUTY
M382/7-83