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CI'O OF SAN BERNARDOO - REQUOT FOR COUNCIL ACQoN
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STAFF REPORT
After the first reading of ordinance MC 542 regarding cultural development
fees, I requested that the effective date for imposition of fees be consistant
with the ordinance becoming law. This was to allow Building and Safety time
to advise'contractors and developers of a date when the fees would be imposed.
It also provided for internal consistancy; when the ordinance takes effect, the
fees begin.
A brief review of other fee impositions shows some variation in the implementation.
Sewer Capacity Fees were increased by resolution and the increase was implemented
when the resolution was adopted. The Park Construction Fees were increased
through the adoption of an ordinance with no time identified in the ordinance;
the effective'date for collection of the fees was the date the ordinance became
law. When the Planned LocalDrainage Faculities Fees were adopted by ordinance,
a resolution was passed at the same time for the fees to be increased when the
ordinance became law.
The position now 1.s that Building and Safety is to retroactively charge
commercial development an additional ~ percent fee for all permits taken out
after September 8, 1986. This will amount to approximately $20,381. Even if
the urgency measure is adopted, we are unable to give any advanced notice and
avoid the clain of not. being aware of the increase in fees.
It is and has been our recommendation that the date for imposition and collection
pf any fee should be the day of or the day after the ordinance becomes law.
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15-0264
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