HomeMy WebLinkAboutMINUTES - 04191988 - 1.44 To: BOARD OF SUPERVISORS g
FROM Phil Batchelor Mtfa
County Administrator CJlJslCl
DATE: April 111 1988 (Jo 'n"y
SUBJECT
Legislation: Assembly Bill 3638 (Bradley).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in opposition. to AB 3638 by Assemblyman Bradley
Which would prohibit any fee from being levied against a
development project to be used for the maintenance and operation
of any .public facility.
BACKGROUND:
Under current law local agencies, including the County, are
authorized to impose fees on applicants for development projects
as a condition of approval for the- development. The County, for
instance, requires new developments to insure future maintenance.
of their nori=standard drainage systems, frequently by requiring ,
developers to forme a drainage maintenance.. entity and to vote in
an annual assessment which obligates future owners to pay an
annual drainage maintenance assessment.
AB 3638- adds a section to the Government- Code which prohibits
any fee, charge, or other foam of required payment to be levied
against a development project to be used for the maintenance and
operation of any public facility. The exact intent and scope of
AB 3638is unclear, but to the extent that -it restricts the
ability of the County to provide for the public ' infrastructure
through development. fees and to maintain that infrastructure, we
must recommend that the Board of Supervisors oppose AB 3638. .
. The Public Works Director has recommended that. .the Board oppose
AB 3638 and, we join him in that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE;
f h GCGCGI "
RECOMMENDATION OF COUNTY ADMIN-ISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_ APPROVE 'OTHER
S I GNATURE I S 1:
ACTION OF BOARD ON April 19,_ 1988 w A7-PROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISMS
t HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS '(ABSENT AND 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
Public Works Di rector PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
CSAC
Ralph Heim, Jackson/Barish 7.
Assemblyman Bradley BY ,DEPUTY
M382/7-83 -