RECOMMENDATION(S): (CONT'D)
DIRECT the Director of the Conservation and Development Department to file a Notice of Exemption with the County Clerk and,
AUTHORIZE the Public Works Director/Chief Engineer, or designee, to arrange for payment of a $25 fee to the Conservation and Development Department for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption.
FISCAL IMPACT:
The proposed assessment is levied $90.45 per year for 14 lots and $77.92 per year for 2 lots. Funds will be collected in DA 67A for use to perform annual maintenance of DA 67A facilities. (100% Drainage Area 67A Funds)
BACKGROUND:
The City of Walnut Creek Condition of Approval #20 under the Engineering section for Subdivision 9366 requires the annexation into DA 67A. Subdivision 9366 benefits from DA 67A facilities and is conditioned to annex into DA 67A to pay for its fair share of maintenance of these facilities.
On July 12, 2016, the Board adopted Resolution No. 2016/442 announcing its intention to annex 16 new lots created by Subdivision 9366 to DA 67A and to levy annual benefit assessments for the purpose of financing the maintenance and operation costs of the drainage and flood control services provided to said real property, and fixing a public hearing on September 13, 2016, on the proposed annexation.
Ballots were mailed to the current property owners per State Law. Prior to this hearing, the Chief Engineer, Flood Control and Water Conservation District, certified that the ballots submitted were in favor of the proposed assessments, exceeding those submitted in opposition to the proposed assessments.
CONSEQUENCE OF NEGATIVE ACTION:
If the project and related CEQA is not approved, DA 67A will not receive necessary funding for maintenance of facilities.
CLERK'S ADDENDUM
CLOSED the public hearing; ADOPTED Resolution No. 2016/527 approving Annexation No. 4 to Flood Control District Drainage Area 67A (DA 67A) and the levy of annual benefit assessments for financing drainage and flood control services, Subdivision 9366, Walnut Creek area; DETERMINED that the activity is not subject to the California Environmental Quality Act (CEQA); DIRECTED the Director of the Conservation and Development Department to file a Notice of Exemption with the County Clerk; and AUTHORIZED the Public Works Director/Chief Engineer, or designee, to arrange for payment of a $25 fee to the Conservation and Development Department for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption