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HomeMy WebLinkAboutMINUTES - 12162008 - C.46 -A. E ` Contra TO: BOARD OF SUPERVISORS '. Costa FROM: Catherine Kutsuris, Director -- .. � County Department of Conservation and Development DATE: December 16, 2008 SUBJECT: AMEND THE AREA SERVED IN EAST COUNTY BY ALLIED WASTE SERVICES UNDER THE FRANCHISE AGREEMENT WITH THE COUNTY SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AMEND the area served by Allied Waste Services under the County Franchise Agreement to reflect annexation of previously unincorporated areas by the City of Pittsburg as approved by the Local Agency Formation Commission (LAFCO). FISCAL IMPACT No impact to the General Fund. Franchise fees are calculated based on percentage of revenue Allied Waste received from customers and paid to the Department of Conservation and Development to cover costs of overseeing the franchise agreement and implementing programs to comply with the Integrated Waste Management Act. Amending the area served by Allied Waste as recommended will slightly reduce the number of customers served and the amount of franchise fee revenue collected, however, this reduction is not anticipated to be significant. CONTINUED ON ATTACHMENT: EYES ❑ NO SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C,�OJVFKI APPPROVROV E OTHER SIGNATURE (S): ACTION OF BOARD ON " -' rAPPROVE15 AS RECOMME ED OXHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND �/ 1nn , CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS (ABSENT 1 ��w ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: bomber �( j��j ATTESTED Contact: Deidra Dingman (925) 335-1224 DAVID TWA, CLERK OF THE cc: Laura Wright, City of Pittsburg BOARD OF SUPERVISORS AND Tim Argenti, Allied Waste COUNTY ADMINISTRATOR B �(- , DEPUTY G:\Conservation\Lorna\Franchised Haulers\Annexations of Hauler Areas\Pittsburg-2008Wilied Waste Area Ambrose Park Annexation 2008\130- Pittsburg_Annexation_Ambrose Park_12-2008.doc Amend Area Served by Allied Waste December 16, 2008 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS The County entered into a Franchise Agreement with Allied Waste in 1995 which governs solid waste and recycling collection for portions of unincorporated Central and East County, including some unincorporated areas adjacent the City of Pittsburg. Under the Franchise Agreement, Allied Waste (contractor) agreed that public agency boundaries may be altered by virtue of actions taken by the Contra Costa County Local Agency Formation Commission (LAFCO). Under the agreement, the "County may make such alterations to the Franchise Area as the annexation necessitates" (see Section 33 from the franchise shown in Exhibit A). The City of Pittsburg has requested that the County amend the Franchise Area boundaries to reflect the recent annexations by Pittsburg known as "Ambrose Park Annexation" (LAFCO 07- 21 ). A copy of the letter from the City of Pittsburg including the LAFCO certificate of completion for the annexation is attached as Exhibit B. This letter includes reference to another annexation, which pertains to the service area in the County's Franchise Agreement with Garaventa Enterprises, that is scheduled for separate consideration by the Board. Staff recommends the Board amend the boundaries of the area served by Allied Waste to reflect the above-mentioned annexation. Staff has advised Allied Waste of this potential change in boundaries of their service area and will follow-up with official written notification if approved by the Board. G:\Conservation\Lorna\Franchised Haulers\Annexations of Hauler Areas\Pittsburg-2008\Allied Waste Area Ambrose Park Annexation 2008\130- Pittsburg_Annexation_Ambrose Park_12-2008.doc EXHIBIT A 32 . NOTICE PROVISIONS. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been given if delivered personally or ten ( 10) days after posted by certified mail, return receipt requested, addressed as appropriate either to Contractor: Pleasant Hill Bayshore, Inc. Attn: Ken Etherington 441 North Buchanan Circle Pacheco, CA 94553 Or to County: Attention: Director of Community Development 651 Pine Street, 4th Floor North Wing Martinez, California 94553 33 . ANNEXATION AND CHANGE OF FRANCHISE AREA BOUNDARIES . Contractor shall give notice to County by January 30 of the next calendar year of any geographic area in the Franchise Area or immediately contiguous to the Franchise Area, in which Contractor has commenced service within the preceding year, notwithstanding whether Contractor deems that area to be regulated or unregulated. Contractor realizes that the public agency boundaries may be altered by virtue of actions taken by the Contra Costa County Local Agency Formation Commission (LAFCO) . Contractor agrees that should a municipal corporation lawfully annex territory which is within the Franchise Area, County may make such alterations to the Franchise Area as the annexation necessitates . Should the Franchise Area boundaries be amended, Contractor agrees that it will abide by any change resulting from the Franchise Area change. Contractor agrees that the Board of Supervisors may make such alterations to the Franchise Area as are necessitated by such Local Agency Formation Commission actions and shall have no right or claim to damages or other relief against the County for such alterations to the Franchise Area. However, nothing herein is intended to abrogate Contractor's rights under Public Resources Code Section 49520 or any successor or similar statute. 34 . AFFILIATED ENTITIES. Contractor shall provide information necessary to reasonably satisfy County that the charges made by any Affiliated Entity are reasonable in accordance with the provisions of Section 8 (Contractor's Duty to Maintain Records; County's Right to Examine Records) . Information gained from examination of books and records pertaining to operations not regulated by the County shall be treated by the County and its agents as confidential information. May 3, 1995 17 EXHIBIT B City of Pittsburg 65 Civic Avenue Pittsburg,California 94565-3814 Public Services Department—Environmental Affairs (925)252-4110 Fax(925)252-4004 November 18, 2008 Ms. Catherine Kutsuris Conservation and Development Department Contra Costa County 651 Pine Street, 4th Floor North Wing Martinez, CA 94553 SUBJECT: Franchise Area Boundaries— Solid Waste Collection Services Dear Ms. Kutsuris: The City of Pittsburg has recently annexed portions of Bay Point affecting the boundaries of the City as well as services provided by Contra Costa County and other agencies. In particular, this letter is addressing the annexation that affects the solid waste franchise agreement the County has with Allied Waste and Garaventa Enterprises. Contra Costa County has existing franchise agreements with Allied Waste and Garaventa Enterprises in Bay Point. The portion the City has annexed affects the franchise with Allied Waste and Garaventa Enterprises. Please see attached Mirant Power Plant Reorganization (LAFCO 06- 16), Ambrose Park Annexation (LAFCO 07-21) and maps. The City of Pittsburg has an existing franchise agreement with Pittsburg Disposal Services and requests the County amend the boundaries defined in the current agreement with Allied Waste to represent the current City boundaries and take appropriate action to relinquish its jurisdiction areas recently incorporated into the City of Pittsburg. If any additional information is required or clarification needed regarding the enclosed information, please contact me at (925) 252-4114. Please keep us informed as to any action or correspondence pertaining to this issue. Sincerely, 6e Laura L. Wright Sr. Administrative Analyst Attachments: Mirant Power Plant Reorganization (LAFCO 06-16) Ambrose Park Annex (LAFCO 07-21) cc: Matt Rodriguez, Deputy City Manager N'I'R;� Q�STA L , L k +T 3t`F Rlkfi c.T) 1 CONIMISSIO b dine street_ ii Fti oar �.' art nra, CA 94553,0. 21 0 -�qp ;=)Celafco.ctcoun4 ;pus' 1020163 OSt4 )X46-122 8:;lE`aAX F' EXHIBIT B September 30, 2008 NOTIFICATION OF COMPLETED DISTRICT BOUNDARY CHANGE TO: Distribution List FROM: Lou Ann Texeira, Executive Officer jp SUBJECT: LAFCO 07-21 — Ambrose Park Annexation to the City of Pittsburg Please be advised that the proceedings for the above-referenced boundary change have been completed. Enclosed is LAFCO's Certificate of Completion. The effective date of the change is September 15, 2008. Please call the LAFCO office if you have any questions. Distribution List: • Tarry Smith, Ambrose Recreation and Park District • Marc Grisham, City of Pittsburg Kristin Vahl, City of Pittsburg • County Departments Dennis Barry, Conservation and Development Heather Kennedy, Conservation and Development Candy Lopez, Elections Sherman Quinlan, Environmental Health Bob Campbell, Auditor-Property Tax Division Rich Seithel, CAO Lynette Stone, Assessor Julie Bueren, Public Works Greg Connaughton, Flood Control/Public Works Chris Lau, Roads/Public Works Jim Stein, Surveyor/Public Works Lem Hunt, Records/Public Works Henry Finch, Paving/Public Works Frank Scudero, Sheriff-Coroner CAD RMS Technician, Sheriff-Coroner Pat Burke, CCTV Recording Requested By: LAFCO INI���III III II III III III��II IIIII INI III��(�� Contra Costa Local Agency Formation Commission CONTRA COSTA Co Recorder Office STEPHEN L. WEIR, Clerk-Recorder Rem to: DDC— 2008-0204263-00 LAFCO Monday, SEP 15, 2008 08:21:00 FRE $0.00 ; 651 Pine Street, Sixth Floor TU Pd $0.00 Nbr-0004203113 Martinez, CA 94553 1 r c/R9 925/335-1094 FAX 925/646-1228 No Fee Per Government Code § 6103 CERTIFICATE OF COMPLETION As Executive Officer of the Contra Costa Local Agency Formation Commission, I hereby certify that the attached documents are complete and in accordance with the boundaries, modifications and conditions specified by the Commission in its Resolution No. 07-21 approving this action. 1. The kind of change of organization or reorganization and the short-form designation of the proceeding is: LAFCO 07-21 —Ambrose Park Annexation to the City of Pittsburg 2. The affected agency is located in Contra Costa County. 3. The territory is uninhabited, all landowners have given written consent, all affected agencies that will gain territory as a result of the change of organization have consented and the conducting authority proceedings have been waived. 4. The Local Agency Formation Commission's resolution of approval, which was adopted on August 13, 2008 is made a part of this certificate by reference and sets forth the description of the boundaries of the proposal and any terms and conditions that apply. KP(W L�l Date: September 15, 2008 L U ANN TEXEIRA xecutive Officer RESOLUTION NO. 07-21 (REVISED) RESOLUTION OF THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION MAKING DETERMINATIONS AND APPROVING THE AMBROSE PARK ANNEXATION TO THE CITY OF PITTSBURG WHEREAS, the above-referenced proposal has been filed with the Executive Officer of the Contra Costa Local Agency Formation Commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act(Section 56000 et seq. of the Government Code); and WHEREAS, at the time and in the manner required by law the Executive Officer has given notice of the Commission's consideration of the proposal; and WHEREAS, the Commission heard, discussed and considered all oral and written testimony related to the proposal including, but not limited to, the Executive Officer's report and recommendation, the environmental documents and determinations, Spheres of Influence and applicable General and Specific Plans; and WHEREAS, information satisfactory to the Commission has been presented that no affected landowners within the reorganization area object to the proposal; and WHEREAS, the annexing agencies have consented to waiving the conducting authority proceedings; and WHEREAS, the Local Agency Formation Commission determines the proposal to be in the best interests of the affected area and the total organization of local governmental agencies within Contra Costa County; NOW, THEREFORE, the Contra Costa Local Agency Formation Commission DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: 1. The Commission determines that the City of Pittsburg, as Lead Agency, prepared and adopted a Negative Declaration in conjunction with the proposed Ambrose Park annexation. 2. Certify that the Commission has reviewed and considered the information contained in the Negative Declaration prepared by the City of Pittsburg. 3. Said annexation is hereby approved. 4. The subject proposal is assigned the distinctive short-form designation: AMBROSE PARK ANNEXATION TO THE CITY OF PITTSBURG 5. Said territory is found to be uninhabited. 6. The boundaries of the affected territory are found to be definite and certain as approved and set forth in Exhibit A, attached hereto and made a part hereof. Contra Costa LAFCO Resolution No. 07-21 7. The subject territory shall be liable for any authorized or existing taxes, charges and assessments comparable to properties within the annexing agencies. 8. The City of Pittsburg and the Ambrose Recreation & Park District should work together to develop a Master Plan for Ambrose Park improvements. 9. The City of Pittsburg will fund the creation of a Master Plan and identify funding from City park dedication fees and other sources to help implement improvements to Ambrose Park. 10. Prior to recordation, the applicant shall deliver an executed indemnification agreement between the applicant and Contra Costa LAFCO providing for the applicant to indemnify LAFCO against any expenses arising from any legal actions challenging the annexation. 11. Satisfactory proof having been given that no affected landowners oppose the reorganization, and the annexing agencies have given written consent to the waiver of conducting authority proceedings, said conducting authority proceedings are hereby waived. 12. All subsequent proceedings in connection with this annexation shall be conducted only in compliance with the approved boundaries set forth in the attachments and any terms and conditions specified in this resolution. PASSED AND ADOPTED, as revised,this 13th day of August 2008,by the following vote: AYES: Allen, McNair, Meadows, M. Piepho, Schmidt, Schroder, Uilkema NOES: ABSTENTIONS: AB Je7Y ROB SCHRODER, CHAIR., CONTRA COSTA LAFCO I hereby certify that this is a correct copy of a resolution passed and adopted by this Commission on the date stated. Dated: August 13, 2008 Lou Ann Texeira, Executive Officer Ambrose Park Annexation to the City of Pittsburg LAFCO 07-21 APN:094-016-001 APN:094-016-017 APN:094-030-011 December 4, 2007 EXHIBIT "A" That certain parcel of land situate in the unincorporated portion of the County of Contra Costa, State of California, being that portion of the 6.893 acre parcel of land described in the deed to Ambrose Park Recreation and Parkway District, recorded January 9, 1957 in Volume 2911 of Official Record in said Contra Costa County, Page 145, also being a portion of the Southeast '/ of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian, described as follows: BEGINNING at the most easterly corner of said Ambrose Park parcel, said point also being on the southerly boundary of the Contra Costa Canal, said point also being at an angle point of the City of Pittsburg Boundary line; thence along said city boundary line the following courses: 1) South 11° 56' 11" West 610.94 feet; 2) Thence continuing along said city boundary line South 891 42' 00" West 710.00 feet; 3) Thence leaving said city boundary line North 000 45' 00" West 200.00 feet to the southerly right of way line of Maylard Street; 4) Thence along said southerly right of way line North 891 46' 00" East 137.50 feet to the easterly right of way line of Wollam Avenue; 5) Thence along said easterly right of way line North 001D 05' 46" East 290.00 feet; 6) Thence leaving said easterly right of way line South 89c22' 56" East 87.49 feet; 7) Thence North 000 05' 46" East 110.00 feet; 8) Thence North 891 22' 56" West 87.49 feet to said easterly right of way line; 9) Thence North 00° 05' 46" West 57.31 feet to the beginning of a curve concave southwesterly and having a radius of 88.00 feet; 10)Thence northwesterly along said curve through a central angle of 251 40' 44" an arc distance of 39.44 feet, a chord from said beginning of curve bears North 121 44' 36" West 39.11 feet; 11)Thence non-tangent from said curve North 350 16' 56" West 6.18 feet to the beginning of a curve concave easterly and having a radius of 10.00 feet; H:\PDATA\35100766\Admin\legals\766leg001-annex.doc TN 35-100766 Page 1 of 2 12)Thence northerly along said curve through a central angle of 9911 07' 18" an arc distance of 17.30 feet, a chord from said beginning of curve bears North 140 16' 43" East 15.22 feet; 13)Thence North 63° 50' 22" East 5.00 feet; 14)Thence North 360 27' 47" West 46.00 feet; 15)Thence leaving said easterly right of way line North 53° 32' 14" East 32.19 feet to the beginning of a curve concave southeasterly and having a radius of 495.00 feet; 16)Thence northeasterly along said curve through a central angle of 281 53' 38" an arc distance of 249.63 feet, a chord from said beginning of curve bears North 670 59' 03" East 246.99 feet; 17)Thence North 821) 25' 52" East 67.31 feet; 18)Thence South 670 26' 24" East 104,89 feet; 19)Thence South 750 27' 04" East 22.12 feet; 20)Thence South 72° 23' 20" East 33.41 feet to the westerly line of the Contra Costa Canal; 21)Thence along said westerly line South 000 50' 00" East 29.53 feet to the southwesterly line of said Contra Costa Canal; 22)Thence along said southwesterly line South 641, 57' 00" East 108.07 feet; 23)Thence South 480 34' 00" East 216.00 feet to the POINT OF BEGINNING. CONTAINING 12.3 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of record. EXHIBIT "B" attached and by this reference made a part hereof. Note: For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not b a basis of for an offer for sale of the ND scribed. apt L.AiVD �WE.M,�F'G�,c ��55���. BUS T��G��� � Q� p Occ �a a -' Exp.12-31-0 o L.S. 70308 m � 30 � APPROVED AS TO FORM '� No.5999 Exp. AND NT ��L-=-- RENE ZWEMMER,PLS 5999 DATE t Z �r c, Daniel W. Bustamante, P.L.S. 7030 Deputy County Surveyor 4 -7 License Expires September 30, 2008 LICENSE EXP. I V3 11 H:IPDATA1351007661Adminllegais\766ieg001-annex.doc JN 35-100766 Page 2 of 2 KEY MAP - --- - ----- --- ---F- --- - -- - ----- --- - � SEAT, SEC 14, T2N, R1W M.D.B.1 I I I �rr I I � � I I >� I j fly 11 CD 0 Of II m i MAYLARD ST. I I m I------- o ------ 3 � U ( L------ III I I I I i I I I I I 1 111 1 1 1 --- I CITY OF PITTSBURG I--- — — — ———— ——— — ——- -i �T L---------- - - - -- - - i STATE HIGHWAY 4 LAND �c,`� B U Q) CDC z MLMOR a o L . 7030 > E 9-30- > Q w o a a m 0 ATI O MAYLARD ST. Lli v\kNDSUR a' U2�Q��1W ��9�09 O J 12 31-08 * 3 SHELL ST. �` Wo.5999 APPROVED AS TO FORM S 2 AND SURVEYALT T4T OOQ F F �` - VICINITY MAP NE ZWEMMER,PLS 5999 DATE 1 2- /Vo, N.T.S Deputy County Survevor TA:TENSE EXP.12/3U c>6 EXHIBIT "B" PLaNN Nv ■SHEET I OF®p SHEETS SKETCH TO ACCOMPANY A LEGAL DESCRIPTION TO THES00 YWAM VHOA SM ■ ■ ■ LL UIS wut+�r cam.CAUrOi wa�o- 7 CITY OF PITTSBURG LAFCO CONSULTING erssa &.FAx92Y'S eW5•.H,MF— AMBROSE PARK ANNEXATION DEGEMBEP, 4, 2007 J.N. 35-100766 LEGEND _ —r 18 A.P.N. ASSESSORS PARCEL NUMBER 19 I L10 P.O.B. POINT OF BEGINNING ® TYPICAL REFERS OWNERS A.P.N. G3 (SEE SHEET 4 FOR DETAILS) F7-T7-T-1 DENOTES CITY OF PITTSBURG I BOUNDARY LINE UNLESS 0 OTHERWISE NOTED Qy o C2 L7 I 0� JPS L6 n J ► 1 J I � L4 I / I I / IW ► � � I IQ o L2 I ► IQ � _J o I I IJ� I �^I Io F- LLl 0 1 IQ � I CD t ► • u)un 0 CDmo► ► Nom W I ► z ul) — — —► I I AMBROSE PARK L - - - - - - - J A.P.N. MAYLARD ST , 094-016-017 I — —O — — — L1 094-030-011 w I Q w I CONTAINING 12.3 ACRES OO 0 o MORE OR LESS I0- 0 - .-.0o - - - - - - � o'n � v ® o " I (2) S89°42'00"W 710.00' � I Tf-T-1-I7TTTT-F77� / \ � I 100 0 100 200 300 SCALE: 1"=100' EXHIBIT "B" .y� ,�o SHEET coT 2 OF�4 SHEETS SKETCH TO ACCOMPANY A LEGAL DESCRIPTION TO THE �V � o w� � CITY OF PITTSBURG LAFCO CONSULTING 9usosweo•Fnx 925we E&9•..wt -- AMBROSE PARK ANNEXATION DECEMBER 4, 2007 J.N. t5-100766 - - - _ - - - - -- L10 L10 18 ( C �71 L12 1 p/Ii T C 731 � pS c,00, co �9 LEGEND A.P.N. ASSESSORS PARCEL NUMBER P.O.B. POINT OF BEGINNING �A6 ® TYPICAL REFERS OWNERS A.P.N. (SEE SHEET 4 FOR DETAILS) FT -FT-1 DENOTES CITY OF PITTSBURG BOUNDARY LINE UNLESS OTHERWISE NOTED OG�TQq P . O . B . l Tr<co, N 17 T� W W \ _ \ / W W (n AMBROSE PARK , A.P.N. V lr 094-016-001 094-016-017 15 094-030-011 CD CONTAINING 12.3 ACRES 14 co MORE OR LESS ` LL O 12 � U (2) S89°42'00"W 710.00' 0 I \ 1 I \ 100 0 100 200 300 SCALE: 1"=100' EXHIBIT "B" r`p��,�o .SHEET 3 OF 84n 5";�F?� SKETCH TO ACCOMPANY AfaW LEGAL DESCRIPTION TO THE . . . eoo mucro VA a AW.a 270 CITY OF PITTSBURG LAFCOWALMTcant CALFM eas9a 7 AMBROSE PARK ANNEXATION C O N S U LTI N G 92SBo IW•FAX 925906 W65•—F8F— DECEMBER 4, 2007 1 J.N. 35-100766 LEGEND A.P.N. ASSESSORS PARCEL NUMBER ® TYPICAL REFERS OWNERS A.P.N. (SEE SHEET 4 FOR DETAILS) LINE TABLE CALLSrL LENGTH BEARING (4) 137.50 N89'46'00"E (6) 87.49 589'22'56"E (7) 110.00 NOO'05'46"E (8) 87.49 N89'22'56"W (9) 57.31 N00'05'46"E (11) L6 6.18 N35'16'56"W (13) L7 5.00 N63'50'22"E (14) L8 46.00 N36'27'47"W (15) L9 32.19 ( N53-32'14"E (17) LID 67.31 N82'25'52"E (18) L11 104.89 S67'26'24"E (19) L12 22.12 S75'27'04"E (20) 1-13 33.41 S72'23'20"E (21) L14 29.53 S00'50'00"E (22) 1 L151 108.07 564'57'00"E CURVE TABLE CALLS CURVE ILENGTH RADIUS DELTA (10) C139.44 88.00 25.40'44" (12) C2 17.30 10.00 99'07'18" (16) C3 1 249.63 495.00 28'53'38" OWNERS A . P . N. O1 094-016-002 11 094-014-007 �2 094-014-011 12 094-014-029 �3 094-014-012 13 094-014-028 ® 094-014-013 14 094-014-027 O5 094-014-014 15 094-014-026 © 094-030-013 16 094-030-025 70 094-014-002 17 094-016-024 ® 094-014-006 18 094-030-010 Q9 094-014-005 19 094-016-018 10 094-014-006 EXHIBIT Tl SHEET 4 OF e A SHEETS SKETCH TO ACCOMPANY A N • c LEGAL DESCRIPTION TO THE w aLL�no:c.s CITY OF PITTSBURG LAFCO CONSULTING n5 s0,x -c xsusocues- ,, AMBROSE PARK ANNEXATION DECEMBER 4, 2007 1 J.N. 35-100766