HomeMy WebLinkAboutMINUTES - 04161991 - 1.15 Contra
TO: BOARD OF SUPERVISORS
FROX Victor J. Westman, County Counsel �' /- s CosLa
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County
DATE: April 1, 1991
SUBJECT: Set Hearing For 'Resolution Establishing Clerk's Document Handling Fee
For State Department of Fish and Game CEQA Filing Fee
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)6 BACKGROUND AND JUSTIFICATION
RECOMMENDATION: Set kj&V �, J99! a2'��.8?!lcfy�r public hearing and
possible adoption of a resolution establishing a County Clerk
Document Handling Fee for State Department of Fish and Game CEQA
Filing Fees, and �direct the Clerk of the Board to publish notice
of the hearing pursuant to Government Code section 6062a.
BACKGROUND AND REASON FOR RECOMMENDATION:
Recently-enacted Assembly Bill 3158 (Stats . 1990, ch. 1706)
imposed environmental review fees upon most projects for which an
environmental impact report or a negative declaration is required
to be filed under, the California Environmental Quality Act. The
fees are ultimately paid to the State Department of Fish and
Game. However, the County Clerk is responsible for collecting
the appropriate fee and for handling the environmental documents
filed. This legislation authorizes the County Clerk to charge a
$25 document handling fee for all environmental documents filed.
Staff from the State Department of Fish and Game believes that
the $25 clerk's fee authorized by the legislation is self-
executing and that additional county action (e.g. , Board adoption
of an ordinance or resolution) is not required. This office
concurs with DFG staff . However, a few city and (other) county
officials have expressed the view that the $25 document-handling
fee may not be self-executing, and that independent board action
may be required
The County Counsel' s office recommends adopting a resolution
imposing (affirming) the $25 fee in order to remove any doubt as
to the legality of the County Clerk collecting the $25 document
handling fee authorized by AB 3158 ,
01
CONTINUED ON ATTACHMENT: XX YES SIGNATURE:
•
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S:
ACTION OF BOARD ON Apri >, 16_ 1 A A 1 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
x 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: ATTESTED April 16 , 1991
County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
County Clerk
BY DEPUTY
M382 (10/88)
CONSEQUENCE OF NEGATIVE ACTION: If the Board does not take
action to establish this fee, .the County may have to absorb the
fiscal impact of the County Clerk' s costs of collecting fees and
handling documents for the Department of Fish and Game.
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