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HomeMy WebLinkAboutMINUTES - 01261999 - C86-C88 IN THE BOARD OF SUPERVISORS c4s� OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA ADOPTED this order on January 26. 1999 by the following vote: ALES: SUPERVISORS GIOIA, U11-KEMA, GERBER, DeSAULNIER and CANCIAMILLA NOES. DONE ABSENT. NONE ABSTAIN: NONE RESOLUTION NO. 99/41 SUBJECT: Determination of Property Tax ) Exchange for Subdivision 8029 } Boundary Reorganization ) (LAFC WHEREAS, Section 99.01 of the Revenue and Taxation Code provides that a jurisdictional change resulting from a special district providing one or more services to an area where such services have not been previously provided shall not become effective if one or more affected special districts involved in the property tax exchange negotiations fails to adopt a resolution agreeing to a transfer; and WHEREAS, with the exception of the annexing district, the Board of Supervisors shall determine the property tax exchange for each affected district that fails to adapt a resolution agreeing to a property tax transfer; and WHEREAS, the reorganization involves annexation of territory to County Service Areas L-100 and P-213 (CSA L-100 and CSA P-213); and WHEREAS, CSA L-100 and CSA P-213 are the only annexing agencies in the Subdivision 8029 Boundary Reorganization; and WHEREAS, in prior annexations to CSA L-100 and CSA P-213 the Board of Supervisors has ordered that the Service Areas would receive no transfer of property tax; NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY HEREBY DETERMINES that there shall be no property tax transfer to CSA L-100 and CSA P-213 as a result of the subject annexation. This resolution does not change the property tax revenue accruing to other agencies serving the subject territory or the affected districts' right to collect taxes for existing bonded indebtedness. The property tax exchange agreement discussed above shall apply to affected territory as submitted or revised by the Local Agency Formation Commission. 1 hereby certify that the foregoing is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 26, 1999 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator B , Y J-/ Deputy cc: County Administrator Auditor-Controller County Counsel LAFCO RESOLUTION NO. 99141 C.87 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted. this Order on January 26,1999 by the following vote: AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canciamilla NOES: None ABSENT: None ABSTAIN: None On this date, the Board of Supervisors considered the attached Resolution No. 99/42 regarding Extending Cable Television Licenses to Televents, Inc. and Televents of East County, Inc. to June 30, 1999. The Board discussed the matter. No one offered public comment. Supervisor L;ilkema suggested that the matter be referred to the County Administrator's Office and come back to the full Board upon conclusion of the matter. Supervisor Gerber seconded the motion. IT IS BY THE BOARD ORDERED that Resolution No. 99/42 is ADOPTED; and the County Administrator is REQUESTED to report to the Board on a possible date for resolution of this matter. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: January 26. 1999 Phil Batchelor,Clerk of the Board of Sue ors and Co ty Administrator r Bye Deputy Clerk THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .Adopted this Order on January 26� f999 , by the following vote AYES; Supervisors Gioia, Uilkema, Gerber, Desaulnier and %Cancianilla NOES: None ABSENT: Note ABSTAIN. None SUBJECT: Extending Cable Television ) Resolution No. 99/ 42 Licenses to Televents, Inc. and ) Televents of East County, Inc. ) WHEREAS on November 1, 1982 and November 29, 1982, the Board granted non-exclusive licenses to Televents, Inc. to construct, operate and maintain cable television systems in the unincorporated Southern (Danville-Alamo area) and Northern (Lamorinda area) portions of Contra Costa County in accordance with Division 58 of the County Ordinance Code (Ordinance No.82-28); and WHEREAS on December 30, 1982,the Board granted a non-exclusive license to Televents of East County,Inc.to construct,operate and maintain a cable television system in the unincorporated Eastern portion.of Contra Costa County(Brentwood area) in accordance with Division 58 of the County Ordinance Code (Ordinance No. 82-28); and WHEREAS the above described licenses expire on November 1, 1997,November 29, 1997 and. December 30, 1997, respectively; and WHEREAS the licensees desire to renew their licenses; and WHEREAS the County and the Licensees have resolved certain license fee matters related to the FCC's "Baltimore" decision (City of Dallas, Texas, et at. V FCC) and a payment of$179,892 has been received ;and WHEREAS the County and the Licensees have resolved license fees matters related to TCFS audit on advertising revenues,home shopping revenues,etc.and a payment of$25,090 has been received,and WHEREAS the County and the Licensees are continuing to work toward a resolution of the issue regarding franchise fees on advertising revenues and require some additional information before a recommendation can be made to the Beard; and WHEREAS the County and the Licensees desire to extend the above-described licenses to facilitate negotiation and resolution of this matter, as well as to allow adequate time for completion of the renewal process; and NOW THEREFORE, BE IT RESOLVED that the above-described licenses are extended to and including June 30, 1999. BE IT FURTHER RESOLVED that this extension is granted upon the same terms and conditions,and subject to the same limitations,presently applicable to the licenses, including all provisions of Ordinance No. 82-28. RESOLUTION NO. 99/ 42 BE IT FURTHER RESOLVED that the granting of this extension shall not: (1) be deemed a waiver of any of the requirements applicable to the above-described licenses, including without limitation the Licensees' obligation to pay license fees thereunder; (2)in any way affect the rights and remedies available to the County in the event that the license fee matters described above are not resolved; and (3) affect the County's right and ability to consider all relevant matters, including without limitation the license fee matters described above, in deciding whether to grant the Licensees' applications for renewal. cc: Cable TV Administer Office of County Counsel Televents, Inc. i hereby certify that this is a tT9 and correct copy of Televents of East Count Inc. ars action taken and enteredon the rninutas o the County, Board of Supervdscrs or,the date shorn. PHIL BATCHELOR,,Werk of the Board , I ofSupervis and ountyAdm'Mistrator a 8V Depully j, RESOLUTION NO, 42 CA THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 26, 1999 , by the _fo1.1owing vote: AYES: St��'ERVIS0RS "U10 IA, UILRA, GERBER, DESAULNUER, CkNCIAMILJA NOES: NDNE ABSENT: IONIZE ABSTAIN: NAIVE SUBJECT: Extending a Cagle Television License) Resolution No. 99/ 137 to Ponderosa Cable Systems, Ltd. ) WHEREAS on July 6, 1982 , the Board granted non-exclusive licenses to Ponderosa Cable Systems,Ltd.to construct,operate and maintain a cable television system in specified unincorporated portions of Corea Costa.County in accordance with Division 58 of the County Ordinance Code(Ordinance No.82-28); and WHEREAS the above described license expires on January 31, 1999; and WHEREAS the licensee desires to renew its license; and WHEREAS the County has requested additional information from Ponderosa in order to complete its review and additional time will be needed for a consultant to review the information before staff can make a recommendation to the Board of Supervisors; and WHEREAS in the County's review of the information provided and the customer survey,certain concerns about the system's compliance with FCC technical standards and future management of the cable system have been identified and are currently being addressed by Ponderosa; and WHEREAS Ponderosa has agreed to provide the County with additional information regarding the system's technical and operational stability needed for its completion of the review; and WHEREAS the County and the Licensees desire to extend the above-described licenses to facilitate completion of the review beyond the extension date of January 31,1999; and NOW THEREFORE, BE IT RESOLVED that the above-described licenses are extended to and including April 30, 1999. BE IT FURTHER RESOLVED that this extension is granted contingent on Ponderosa's compliance with the Cable Television Ordinance(Ord.No. 93-55) and in accordance with all the consistent terms and conditions specified on the current license award resolution. cc: Cable TV Administrator Office of County Counsel { ,,m y cert%,that this Is a true and oorrect copy of Ponderosa Cable Systems, Ltd. an action taken and s fared or, the minutes of tt e 131—ard of 0-up-,- sors on the data shown. ATTESTED: January 26 1999 P I ELOR,Clark of the Boar f Supp vt and CourtyAdministrator By ,Deputy RESOLUTION NO. 99/11-37