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Home My WebLink AboutMINUTES - 03021999 - C76 8 •• Contra TO: BOARD OF SUPERVISORS Costa FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE: March 2, 1999 SUBJECT: AMEND THE AREA SERVED IN EAST COUNTY BY GARAVENTA ENTERPRISES UNDER THE FRANCHISE AGREEMENT WITH THE COUNTY SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS DIRECT staff to amend the area served by Garaventa Enterprises under the Franchise Agreement with the County because of annexations of previously unincorporated areas by the City of Brentwood under approval of the Local Agency Formation Commission (LAFCO). FISCAL IMPACT No Impact to the General Fund. There will be a reduction in franchise fees collected under the County's franchise with Garaventa Enterprises. BACKGROUNDRE SSS FOE RECOMMENDATIONS In the Franchise between the County and Garaventa Enterprises, the 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 annexations necessitates" (see Section 33 from the franchise shown in Exhibit 1). CONTINUED ON ATTACHMENT: ES SIGNATURE ,�. m RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM ITTEE I_APPROVE OTHER SIGNATURE S ACTION OF BOARD ON APPROVED AS RECOMMENDED X Ot-R_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT n o n e, AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Linda Moulton (925) 335-1238 ATTESTED � ` cc: Garaventa Enterprises PHIL BATCHELOR, CLERK OF Thom Head, Public Works Director THE BOARD OF SUPERVISORS City of Brentwood AND COUNTY ADMINISTRATOR BY , DEPUTY Linda's Disk:3l2/99#2.bo Amend Area in East County March 2,1999 Page 2 The City of Brentwood hes requested that the County amend the Franchise Area boundaries to reflect the recent annexations by Brentwood known as "Northwest Area Boundary Reorganization (LAFC 98-45)" and "O'Hara/Neroly Boundary Reorganization (LAFC 97-18)." The letter from the City of Brentwood including the LAFCO certificate of completion for the two annexations is attached as Exhibit 2. Staff recommends the Board direct staff to amend the boundaries of Garaventa Enterprises to reflect the above mentioned annextions and to notify Garaventa Enterprises of the change in boundaries of their service area. EXHIBIT i Excerpt from Franchise with Garaventa Enterprises ( 3) If in any preceeding to which Contractor is a party, a Receiver is appointed with authority to take possession of Contractor' s property such that would affect Contractor's ability to perform its duties and obligations under this Agreement. (4 ) Except as otherwise provided in section 31 (Assignability) , in the event of a probate proceeding where the rights of Contractor under the Agreement would pass to another individual or other individuals . 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 pasted by certified mail, return receipt requested, addressed as appropriate either to Contractor: Garaventa Enterprises Attn: Silvio Garaventa, Sr. 4080 Mallard Drive Concord, CA 94520 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 Fbrmation 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. May 2, 1995 17 _ M FIS.. 'S^t 99 JAN 2s P NTWODD • 13 January 20, 1999 EXHIBIT Z Mr. Dennis Barry, Director Community Development Department Contra Costa County 651 Pine Street, 41h Floor North Wing Martinez, CA 94553 Subject: Franchise Area Boundaries - Solid Waste/Recycling of Material Dear Mr. Barry: Contra Costa County has an existing franchise agreement with Caraventa Enterprises dated May 9, 1995, for the collection, removal, and disposal of solid waste and the recycling of material generated in various parts of Contra Costa County. The City of Brentwood provides its own refuse and recycling services to its jurisdiction. The County areas around the City have refuse and recycling services provided for under the above mentioned franchise agreement. The City of Brentwood's boundaries have been changed by at least the two recent annexations affecting the boundaries of your franchise with Garaventa Enterprises. The description of the most recent annexations are "Northwest Area Boundary Reorganization (LAFC 98-45)" and"O'Hara/Ncroly Boundry Reorganization(LAFC 97-18)" The City requests the County to amend the boundaries defined in the current agreement of the franchise to represent the current City boundaries and take appropriate action to relinquish its jurisdiction areas recently incorporated into the City of Brentwood. Also, please keep us notified of any actions or correspondence pertaining to this issue. City Hall-- 708 Third Street, Brentwood, CA 94513-1396 (925) 634-7098 Fax (925)634-6930 Mr, .Dennis Barry Franchise Agreement with Garaventa Enterprises Page 2 If you have any questions or concerns, please contact me at 925/634-7098. Sincerely, Thom Head Public Works Director TH/slk Attachments: + Doc-98-0298840-00, "Northwest Area Boundary Reorganization (LAFC 98-45) + Doc-97-0227946-00, "O'Hara/Ni eroly Boundary Reorganization (LAFC 97-18) + Franchise Agreement with Garaventa Enterprises, dated May 9, 1.995, page 17, paragraph 33 "Annexation and Change of Franchise Area Boundaries" cc: ,Ion Elam, Brentwood City Manager Mitch Oshinsky, Brentwood Community Development Director t — CONTRA COSTA CC3uNTY L� ,L AGENCY FORMATION COMMISSION 651 Pine Street,Eighth Floor•Nlartinez,CA 94533-1229 ta (925)646-4090•FAX(925) 646-2250 C MEMBERS ALTERNATE MEMBERS ��fc Joseph Canciamilla Dwight Meadows Ronna Gerber Counry Supervisor Special Disrricrs Counry Supervisor EXECUTIVE OFFICER Millie Greenberg Michael Menesini David Kurrent A-NNAN1ARIA PERKELLA rya,. __:r nhnrrine,-City Council PublicMember CONTRA COSTA Co Recorder's Office non'T'atzin STEPHEN L. WEIR, County Recorder DOC - 98"-029884C)_C)(D Check Number Monday, NOV 30, 1998 14:10:57 TF Pd $0.00; ` $0.00 Near-0000350904 arc /R9 CER'T'IFICATE OF COMPLETION Pursuant to Government Cade Sections 5.7200 and 57201., this Certificate of Completion, is issued by the Executive Officer of the Local Agency Formation Commission of the County of Contra Costa, State of California. i. . The short-form designation, as determined by LAFC0, is : "Northwest Area Boundary Reorganization (LAFC 98-45) " 2 . The name of each district or city involved in this reorganization and the kind or type of reorganization ordered for each city or district are : City/District Tv;:)e of Organizational Change City of Brentwood Annexation Brentwood Recreation/Park Dist Annexation East Contra Costa Irrigation Dist Annexation Contra Costa Fire Protection Dist Detachment East Diablo Fire Protection Dist Annexation 3 . The above-listed cities and/or special districts are located within the County of Contra Costa . 4 . The boundaries of the above-cited reorganization are described and depicted in the attached exhibits marred Exhibits A and S and by reference incorporated herein. 5 . The territory involved in this reorganization is inhabited. Certificate of Completion (LAFC 98-45) 2 6 . This reorganization has been approved subject to the following conditions 1) affected territory shall be subject to the rules, regulations , bonded indebtedness , service charges ( if any) and contractual obligations of the annexing agencies and. (2 ) shall remain within County Service Area EMS--1 (emergency medical services ) following annexation to the City. 7 . This reorganization was ordered by the Brentwood City Council after Conducting Authority proceedings called for and held on November 10, 1998 , after which Resolution No . 98-196 was adopted and is attached hereto as Exhibit C. I hereby certify that I have examined the above-cited resolution, including any terms and conditions, and the map and legal description, and have found these documents to be in compliance with the attached LAFCO Resolution No. LAFC 98-45 adopted on October 14 , 1998 . t //Z':;� ��I F Annamaria Perrella, Executive Officer Date Local Agency Formation Commission, County of Contra Costa Enclosures cc ; State Board of Equalization State Department of Finance Assessor, Tim Aiello Auditor, Paul Abelson Elections , Russ Fernandez Public Works , Lemuel Hunt Community Devl; Sue Warden John Elliff; State Forestry/Fire Prot Dept Al Gastelum; Thomas Bros Maps John Degele; Compass Maps Rand McNally Maps John Elam; City of Brentwood Mitch Oshinsky; City of Brentwood Mike Leana; City of Brentwood Michael Porto; City of Brentwood Larry Preston, ECCID Path Hartman; BR&PD Keith Richter, CCCFPD Statement of Boundary Change State Board of�Equalization Tax Area Services Section 450 N Street, MIC: 59 P. O. Box 942879 Sacramento, California 94279-0059 B.O.E File No: Count Centra Costa Count 07 Acrea +/-•1,169 Fee $1200 Res71ution/03rd 98-196 Cond Authority City of .Brentwood LAFCo. Res. 98--45 Short Northwest Area Boundary Reorganization (LAFC 9845) Effective Date: 11-3o-9 Type of 01 Annex to Dist 06 Consol. of TRA's 10 Formatn-Redevlp 02 Annex to City 07 Detach.from Dist 11 Name Change (Choose one 04 City Incorp 08 Dissoi.of District x 12 Reorganization 05 Consol. of Dist. 09 Formatn-District 13 School District Bou Cod Cit /District Type of Char e City/District(s City of Brentwood. Annexation Affected by Brentwood Recreation/Park Dist Annexation East Contra Costa irrigation Dist Annexation Contra Costa Fire Protection Dist Detachment East Diablo Fire protection Dist I Annexation Affected X inhabited Developed Number of is le y: Ur�nhabited Undeveio e The affected will be tared for existing bonded indebtedness or contractual obligations as territory: x set forth by the terms and conditions as stated in the resolution. will not be taxed for existing bonded indebtedness or contractual Enclosed are x Fees x tilap(s) and Supporting Documents following items Legal Description Assessor parcel number(s) of requi=`ed at the x Resolution of Conducting County Auditor's Letter of TRA of filing: x Certificate of Completion (consolidated counties) City Boundary Mao of limiting addresses (2 inity Maps (2 copies) Changes t Uly: Alphabetical list of all streets within the affected area to include beginning Estimated Board of Equalization, will acknowledge receipt of filing to: Name: Annama.ria Perrella chk Title: Executive Officer Agency: Contra Costa LAFCO Street: 651 Fine St, 8th fIr amt: City and Zip Martinez CA 94553 Telephone: 925/646-4090 i ltr #: (Signature of aKencv officer) Date PT-400-TA (10-95) - EXHIBIT rrer CITY OF BRENTWOOD ANNEXATION NO. 97-1 NORTHWEST ANNEXATION AREA PLANNED DEVELOPMENT NO. 35 PLAN-NED DEVELOPMENT NO. 36—SPA—E PLANNED DEVELOPMENT NO. 38—SPA—P LEGAL DESCRIPTION: ALL THAT CERTAIN LAND LYING OVER PORTIONS OF SECTIONS 2 , 3 10 AND 11, TOWNSHIP 1 NORTH, RANGE 2 .EAST, MOUNT DIABLO MERIDIAN AND PORTIONS OF SECTIONS 34 AND 35, TOWNSHIP 2 NORTH, RANGE 2 EAST, MOUNT DIABLO MERIDIAN ALL IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE CITY OF BRENTWOOD BOUNDARY AT THE INTERSECTION OF THE FAST RIGHT OF WAY LINE OF FAIRVIEW AVENUE AND THE NORTH LINE OF MINNESO'T'A AVENUE AS DESCRIBED PER THE CITY OF BRENTWOOD MINNESOTA AVENUE ANNEXATION NO. 89-•2/5 PER RESOLUTION NO. 90-212 ; THENCE ALONG SAID CITY 'BOUNDARY AND THE SOUTH LINE OF THE 130 . 00 FOOT WIDE EAST BAY MUNICIPAL UTILITY DISTRICT RIGHT OF WAY N89'47 ' 1.9"W. :� , 665 .43 FEET TO THE WEST LINE OF PARCEL "D" OF THAT CERTAIN MAP FILED IN BOOR 75 OF PARCEL MAPS AT PAGE 39 ; THENCE ALONG SAID WEST LINE AND CITY OF BRENTWOOD BOUNDARY S00. 01 ' 27"W, 1306 . 80 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL D AND THE NORTH LINE OF APRICOT WAY; THENCE LEAVING SAID NORTH LINE OF APRICOT WAY S00° O1 ' 27"W TO THE SOUTH LINE OF APRICOT WAY; THENCE CONTINUING ALONG SAID CITY OF BRENTWOOD BOUNDARY, SOUTHEASTERLY ALONG SAID SOU'T'H LINE OF APRICOT WAY TO THE INTERSECTION WITH THE WESTERLY LINE OF FAIRVIEW AV7—N= AS DESCRIBED IN SAID MINNESOTA AV NUE ANNEXATION NO. 89-2/5 ; THENCE SOUTH ALONG SAID WEST LINE OF FAIRVIEW AVENUE AND ALONG SAID ANNEXATION BOUNDARY TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF SAND CREEK ROAD AND THE NORTHERLY BOUNDARY OF THAT CERTAIN ANNEXATION TO THE CITY OF BRENTWOOD AS ADOPTER BY THE CITY COUNCIL PER RESOLUTION NO. 87--113 ; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF SAND CREEK ROAD AND ALONG SAID CITY BOUNDARY TO ITS INTERSECTION WITH THE WESTERLY LINE OF SAN JOSE AVENUE AND THE WEST BOUNDARY OF SAID ANNEXATION; THENCE ALONG SAID WES'T'ERLY LINE SOO ' 04 ' 08"W TO ITS INTERSECTION WITH THE LINE COMMON TO SECTION 10 AND 15 IN TOWNSHIP 1 NORTH, RANGE 2 EAST, MOUNT DIABLO MERIDIAN AND THE NORTH LINE OF THE CITY BOUNDARY OF THE CITY OF BRENTWOOD; THENCE ALONG SAID LINE S89 - 38133"W, 2 , 633 . 97 FEET TO THE CORNER COMMON TO SECTIONS 9 , 10, 15 AND 16 IN TOWNSHIP 1 NORTH, RANGE 2 EAST, MOUNT DIABLO MERIDIAN, SAID CORNER ALSO BEING ON THE EASTERLY CITY BOUNDARY OF THE CITY OF ANTIOCH; THENCE NORTH ALONG THE LINE COM240N TO SAID SECTIONS 9 AND 10 NORTH TO THE COMMON QUARTER CORNIER OF SAID SEC'T'IONS 9 AND 1.0 : THENCE LEAVING SAID LINE EAST" ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 TO ITS INTERSECTION WITH THE EASTERLY LINE OF SAND CREEK ROAD AND THE SAID EASTERLY BOUNDARY OF THE CITY OF ANTIOCH; THENCE NORTH ALONG SAID EASTERLY LINE. OF SAID CREEK ROAD AND BOUNDARY OF THE CITY OF ANTIOCH TO ITS INTERSECTION WITH THE LINE NE COMMON TO SECTION 3 AND 10 IN TOWNSHIP 1 NORTH, RANGE 2 EAST, MOUNT DIABLO MERIDIAN; THENCE CONTINUING NORTH ALONG SAID EASTERLY LINE OF SAND CREEK ROAD AND ANTIOCH BOUNDARY TO AN ANGLE POINT IN SAID BOUNDARY AND ITS INTERSECTION WITH A LINE WHICH IS SOUTH 65 . 00 FEET, MEASURED AT RIGHT ANGLES, FROM THE NORTH LINE OF THE SOUTH ONE HALF OF SAID SECTION 3 , SAID NORTH LINE, FOR THE PURPOSES OF THIS DESCRIPTION, IS ALSO THE CENTERLINE OF LONE TREE WAY; THENCE EAST ALONG SAID LINE BEING DISTANT SOUTH 65 . 00 FEET AND PARALLEL TO SAID NORTH LINE OF THE SOUTH ONE HALF OF SECTION 3 To ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF EMPIRE ROAD, BEING 40 . 00 FEET WIDE, SAID LINE BEING COINCIDENT TO THE WESTERLY LINE OF THE EAST CONTRA COSTA IRRIGATION DISTRICT RIGHT OF WAY BEING 30. 00 FEET WIDE, THE EAST LINE OF SAID DISTRICT RIGHT OF WAY IS ALSO THE LINE COMMON TO SAID SECTIONS 2 AND 3 ; THENCE NORTH ALONG SAID EASTERLY LINE OF EMPIRE ROAD TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 34 , TOWNSHIP 2 NORTH, RANGE 2 EAST, MOUNT DIABLO MERIDIAN; THENCE CONTINUING ALONG SAID EASTERLY LINE OF EMPIRE ROAD NORTH TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF THE 10 - 00 FOOT WIDE RIGHT OF WAY OF THE STANDARD OIL COMPANY, SAID RIGHT OF WAY ALSO BEING SOUTHWESTERLY, CONTIGUOUS AND ADJACENT TO THE 100-00 FOOT RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE S34 *45133"E 4 , 347 . 12 FEET MORE OR LESS TO ITS INTERSECTION WITH THE SOUTH LINE OF THE NORTH ONE HALF OF SAID SECT.-ON 2 AND THE CENTERLINE OF LONE TREE WAY; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE S34 -45123"E, 3 , 259 .97 FEET MORE OR LESS TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 2 ; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE 534 *45 ' 23"E To ITS INTERSECTION WITH THE NORTH LINE OF THE CITY OF BRENT'NOOD AS PER PRE'VIOUSLY MENTIONED MINNESOTA A"VENTUE ANNEXATION NO. 89-2/5 ; T--�"!'N'CE ALONG SAID CITY OF BRENTWOOD BOUNDARY S89 '46 ' 00"W, 1, 191 . 23 FEET TO - THE SOUTHWEST CORNER OF PARCEL B AS SAID PARCEL IS SHCWN, 1' i00K 7 24 , OF PARCEL MkPS , AT PAGE 8 CONTRA COSTA COUNTY RECORDS ; THENCE CONTINUING ALONG SAID CITY BOUNDA-RY AND THE WEST LINE OF SAID PARCEL B 1121 ' 19 ' 00"W, 715 . 10 FEET TO THE NORTH LINE OF Mil\T.-'�'_:-S0TA AVENUE ; THENCE ALONG SAID NORTH LINE OF MINNESOTA AVEINUE S99 * 46100"W, 580 . 380 FEET AIND S82 ' 53130"W, 263 . 69 FEET TO THE POINT OF BEGINNING. CONTAINING: 1, 273 . 9 GROSS ACRES , OR 1, 169 . 19 NET ACRES 7120193 I W a ryryy �t{ _I .....i.—.. #....___�__._�`Y.....�_{I —;f'-==:.—•' ..�R j r,�''�'`r 937 4 UQA W;0049 Zt rzif _4 » _-- .. ~� I #{ � -,� ,,�' 1 r", ;� ,;-_;•—;_. a _ _ —�LSU,�''S'.4C7N Z-t 2 �. � �, i •gp�t rr o ; � E-•�._, If �,,-�- � I �o�s� i ' ` ' E'°, �• �>y.l� ` o�.. Elly LQ Z ! ,l+,,..•' EI Ce I 1 y m V lZ a U S 3 Y �---�- � y� L � �1 �� 4 3 � V �f ;' +ii'fPtti►,+q� .i";C3i7f7Cl ' �,� "i_.i""��*` t i � •y, t t r i t •. s1 f Ni�9 y" ` t 3 bra' if jo th _ _ —_ .!�`- fes • + t�Si�'3 �s-1 ? f , r� Yr t i a a f t �7 f ` + t� fj( t _`...T"'S,- t{{, i J _•-----j. .,...�.... lir.-...». ' n �� • _.. _=, _,,,� �.,�i 1 � ;....,-�. �16.,.�) ; ^'^fir...,. _ &. 1yO' it7.L w=41 ♦meq.,. 3._ CS -, :�� r°' r� �� 'r f'r• 1 �� -` -- ftl�J, r.y { Qty t _ 41 ZZ It, ,d e ' 'tt}( t fE Qh {Pa'��/� t1� Pt�+f-IJr pa�y � i per�r✓"" : `zgS7Z E + j(f _ CQ Cj U. 2 G} •i , CMZ C � z AGO z = = c, U < f } s CITY COUNCIL RESOLUTION NO. 98-196 A RESOLUTION ORDERING TERRITORY DESIGNATED AS THE NORTHWEST BOUNDARY REORGANIZATION (ANNEXATION NO. 97-1) ANNEXED TO THE CITY OF BRENTWOOD AND THE BRENT'VVOOD RECREATION AND PARK DISTRICT. WHEREAS, the City Council adopted Resolution No. 98-130 initiating an application to the Local Agency Formation Commission (LAFCO) pursuant to the Cortese/Knox Local Government Reoraanization Act (Gov't. Code 56000) to annex. 1169- acres of land to the City; and WHEREAS, this anne:Yation area is within the General Plan Planning Area, the City Council has certified an EIR for the General Plan, and a Negative Declaration for this annexation; and NVHEREAS, the LAFCO of Contra Costa County adopted it's Resolution No. 98-45 making determinations and approving the proposed annexation to the City of Brentwood and the Brentwood Recreation and Park District of territory described in Exhibits A and B attached hereto and incorporated herein; and WHEREAS, the terms and conditions of annexation as approved by LAI=CO are contained in their Resolution No. 98-45 attached hereto and incorporated herein; and WHEREAS, the reasons for this annexation are as stated in City Council Resolution No. 98-130 (Resolution of Application); and 'WHEREAS, the regular County assessment roll is utilized by this City, and WHEREAS, the affected territory will be taxed for existing general bonded indebtedness ofthis Cite; and WHEREAS, notice of this public hearing was mailed, published and posted pursuant to the provisions of Government code Sections 57025 and 57026; and WHEREAS, a public hearing- on this annexation w,-as called for and held by this Cite on November 10, 1998, and this Council finds and determines that three wTittl-n protests were Bled by owners of said land within the territory or registered voters within the territory but that these wTitten protests did not represent greater than 500-0 of the voters residing in the affected territory and; in fact, represented significantly less than 250,/o of the reeistered voters residing in the affected area. v NOW, THEREFORE. BE IT RESOL'V'ED that the City Council of the Cite of Brentwood hereby orders thatthe territory described in Exhibits A and B is hereby annexed to the City of Brentwood, and directs the City Clerk of the City of Brent%vood to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code to the Executive Officer of the LAFCO. NOW, THEREFORE, BE IT FURTHER RESOLVED that any action: to dete,,mine the validity of this resolution shall be conducted pursuant to Government Code Section 56103. PASSED by the City Council of the City of Brentwood on November 10, 1993, by the following vote: AYES: Council -.tubers Guise, Kidd, Petrovich, mcPo'.and and Mayor Morrill NOES: None ABSEP T: Nene ABSTAIN: None: APPROVED: t it i JohrN1om_il, Mayor ATTEST: 9 3 Donna r. Rogers,, .ity Cie L_ Attac unnents: Exhibits A & B, Map and Legal Description of Annexation Area LAFCO Resolution leo. 98-45 City Council Resolution No. 98-130 TWOD 1, Donna J. Rogers, City Clerk of the Citv of Brentwood herebv certify this is a true and correct copy of Resolution No. 98-196 or the City Council of the City of Brentwood, CA, adopted or November 10, 1998 City �., Clerk (j Date: November 18, 1998 ............................. ....................................................................... ................................................................................. ..............................................................-... .................................................................. ............................................................. .................................................. .................................................................I....... ............................................................... ..................................... CONTRA COSTA COUNTY AL AGENCY FORMATION COMM1SION 651 Pine Su...., Eighth Floor•Martinez,CA 94553-1229 (510) 6464090• FAX(510)646-2240 La AEM .fcc MEMBERS ALTERNATE MEMBERS Joseph Canciamilla Dwight Meadows Michael Cory County Supervisor Special Districts Special Districts EXECUTIVE OFFICERCounty Greenberg Michael Menesini Donna Gerber ANNAIMARIA PERREL.LA Danville Town Council Martine:City Council County Supervisor David Jameson Martin McNair David Kurrent r Special Districts Public Member Public Member Gayle B.Uiikema Don Tatzin OF( •°'1 11} n Lafayette City Council CITY t,• , . County Supervisor 'E _^, t'} Sr+L.J JJ CONTRA COSTA Co Recorder's Office STEPHEN L. WEIR, County Recorder Recorder: When recorded, return to: DOC - 97-02-2-7946-00 Friday, NOV 21, 1997 09:05:38 FRE $0.00; DONNA ROGERS, DEPUTY CITY CLERK Tt PPd $0.00 N'Sr-0000238225 CITY OF BRENTWOOD 1rc/R9/1-14 708 THIRD STREET BRENTWOOD, CA 94513 CERTIFICATE OF COMPLETION (GovCode Sections 57200 and 57201) The undersigned hereby certifies that: 1 . The short-form designation of the reorganization as designated by this Commission is "O'Hara/Neroly Boundary Reorganization (LAFC 97-18) . " 2 . The name of the city/districts involved in this reorganization and the kind or type of change ordered are as follows : City/District Type of Change City of Brentwood Annexation Brentwood Recreation & Park District Annexation 3 . The above-listed City/Districts are located within Contra Costa County. 4 . A certified copy of Resolution No. 97--222 ordering this reorganization and a legal description of affected territory are attached hereto and by reference incorporated herein. The date of adoption of said resolution was October 28, 1997 . 97 227D46 Certificate of Completion LAFC 97-18 5 . The proposal shall be subject to the conditions that 1) affected territory shall be subject to the ordinances , rules, regulations , service 'charges ( if any) , bonded indebtedness and contractual obligations same as the annexing agencies, and 2) affected territory shall remain within County Service Area FMS-1 Zone B following annexation to the City. Date : Annamaria Perrella Executive Officer Original : County Recorder/City Clerk, City of Brentwood Distribution: LAFCO File State Board of Equalization State Department of Finance Assessor, Tim Aiello Auditor, Paul Abelson Elections, Russ Fernandez Public Works, Lemuel Hunt Chief John Elliff; State Department of Forestry & Fire Protection Al Gastelum; Thomas Bros . Maps John Degele; Compass Maps Rand McNally Maps Mitch Oshinski; City of Brentwood Michael Lenna; City of Brentwood Patty Hartman; BR&PD State Board of Equalization 97 22 2(94f Tax Area Services Section 450 N Street, MIC: 59 P. O. Box 942879 Sacramento, California 91279-0059 B.0.E File No: Count Contra Costa County 07 Acrea +/171 Fee $750 Resolution/Ord 97222 Cond AuthorityCity of Brentwood LAFCo. Res. 97--= Short O'1-lara/Neroly Boundary Reorganization (LAF 97-18) Effective Date: 11/ Type of 01 Annex to Dist 06 Consol. of TRA's 10 Formatn-Redevlp _ 02 Annex to City 07 Detach.from Dist 11 Name Change (Choose one 04 City Incorp 08 Dissol.of District x 12 Reorganization - 05 Consol, of Dist. 09 Formatn-District 18 School District 80E Cod Cit /District Type of Change City/District(s City of Brentwood Annexation Affected by Brentwood Rec/Park District 3 Annexation _ p Affected x Inhabited Developed Number of is lei Uninhabited Undeveio .e The affected will be taxed for;existing bonded indebtedness or contractual obligations as Cerrito LX set forth by the terms and conditions as stated in the resolution. will not be taxed for existin bonded indebtedness or contractual Enclosed area x Fees x Map(s) and Supporting Documents following items x Legal Description Assessor parcel number(s) of required at the x Resolution of Conducting x County Auditor's Letter of TRA of filing;: x Certificate of Completion (consolidated counties) City Boundary lYlap of limitin addresses (2 Vicinity Maps (2 copies) Changes Only: Alphabetical list of all streets within the affected area to include beginning Estimated Board of Equalization will acknowledge receipt of filing to: B.Q.E. use on v -Name: Annamaria. Perrella chk. # Title: Executive Officer 1 Agency: Contra Costa LAFCO Street: 651 Pine St, 8th flr amt: City and Zip Martinez CA 94553 Telephone: 510/646-4090 itr # (Signature of agency officer) Date PT-400-TA (10-95) 97 227D46 CITY COUNCIL RESOLUTION NO. 97-222 A RESOLUTION ORDERING TERRITORY DESIGNATED AS TIME OIHARA/NXEROLY BOUNDARY R.EORGANZ IZATION (AINNTXATION, A96-3) ANNEXED TO THE CITY OF BRENTWOOD AND THE BRENTWOOD RECREATION ANMD PARK. DISTRICT. WHEREAS, the City Council adopted Resolution No. 96-176 initiating an application to LAFCO pursuant to the Cortese/Knox Local Government Reorganization Act (Gov. Code 56000) to annex 171± acres of land to the City; and WHEREAS, the City Council has approved an exemption for this project based on the General Plan Environmental Impact Report; and WHEREAS, the Local Agency Formation Commission of the County of Contra Costa adopted its Resolution No. LAFCO 97-18 making determinations and approving the proposed annexation to the City of Brentwood and the Brentwood Recreation and Park District of territory described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, the terms and conditions of annexation as approved by the Local Agency Formation Commission are contained in LAFCO Resolution No. 97-18 attached hereto and incorporated herein by reference; and WHEREAS, the reasons for this annexation are as stated in City Council Resolution No. 96-176 (Resolution of Application); and WHEREAS, the regular County assessment roil is utilized by this City; and `'WHEREAS, the affected territory will be taxed for existing general bonded indebtedness of this City; and WHEREAS, a public hearing on this annexation was called for and held by this City on October 28, 1997, and this Council finds and determines that no written protests were filed by owners of said land within the territory or registered voters within the territory. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby orders that the territory described in Exhibit "A" is hereby annexed to the City of Brentwood, and directs the City Clerk of the City of Brentwood to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation. Commission of Contra Costa County. 97 22r94G Page Two NOW , THEREFORE,- BE IT FURTHER RESOLVED that any action to determine the validity of this Resolution shall be conducted pursuant to Gover=ent Code Section 56103. PASSED by the City Council of the City of Brentwood on October 28, 1997, by the followinz vote: APES: CoUncilmembers Petrovich, McPoIand, Guise, Kidd and Mayor 'Morrill NOES: None ABSENT: Ione ABSTAIN: Zane APPROVED: � 1 John 1 rrrll, Mayor ATTEST: All/X"� Donna J. Rogers, V6puty City C rig Attachments: Exhibit A - Map and Legal Description of Annexation Boundary LAFCO Resolution. No. 97-18 City Council Resolution No. 96-176 t ',74�, Deputy City Clerk, hereby certify t �s is a true and correct copy of Resolution No.�1� of the City Council of the City o �Brentwood, CA., adopted on cam-deputy y Clerk Date:---jJ� �� t 55, Fes.-f �....-"'"•' - r--`'"`�. r y,�-• .r ,,..,^"'�-.ter-"' •+.'rY'J`� �4 1,. a ` '4 .✓� s � > -�,.e ' 555 r-"�� t 1p+,u"�.-••"", yea � � �;,' '�}....--"". c � `�• � � � � 1 F l � � +;t ' +f °:tea,...---'" ' t t • t S i 1 e .,I�•� � �5 ,1 a 1 .5,1 'at � �1y F V j �tt 4 - F at .. S Local Agency Formation Commissio•'i 97 �D46 Contra Costa County, California Approved Description Date: 8-13-97 By:Tim Aiello (L-A.F.C. 97-18) O'IIARAINLItOI.Y BOUNDARY REORGANIZATION (ANNEXATION 'I'O'TIIEcrrY OI, IwFNTNVOOD AND BRENTWOOD RECREATION ANIS PARK DISTRIC I') IT All t All deed and inao reference hercinafler referred to are as recorded in the Office of the Recorder of Contra Costa Coutity. State of California. A portion of Section I and Section 2 of"Township I Nortli, Range 2 Cast, ,Mount Diablo Base and Meridian, further described as follows: Beginning at the northwest corner of said Section I;thence west along the north line of said Section 2, 22.5 feet to the westerly right-of-way line of O'Hira Avenue, a public roadway as said roadway presently exists; thccice southerly along last said westerly right-of-way line the following, three courses: South 947.23 feet, South 14"45'00" Gast 261.09 feet, and South 01"30'00" West .,489 feet to a mint on the southerly riSlit-of way Iine of Lone Tree Way, a public roadway. as it presently exists, thence along the southerly right-of=way of Lone 'lice Way the following scvcii courses: South 89"20'00" East 1,343 fect;South 00"25'04" Wcst 32.5 feet,South 89"20'00" Last, 263 fact; North 00"25'00" Last, 32.5 I'cct; South 89"24'00" Gast 789 acct; South 4l"00'00" West 31.5 feet, and South 89"20'04" Gast 307 feet to file southerly prolongation oftlic Castcrly riylit-ui-- way line ofAndcrson Lane,a public roadway, as it presently exists;thence northerly along last said easterly right-of-way line the following five courses: North 02"16'54" East 892.22 feet to ,lie beginning of a curve concave to the east having a radius of 970.00 feet;(lienee northerly 134.20 feet along said curve through a central angle oF07"55'37' thence North 10"12'3I`° Gast 312.22 feet to the beginning of a curve concave to the west having a radius of 1,430.04 feet; thence northerly 165.75 feet along said curve through a central angle of 09'13'12', thence North 00'59'19" East 1,215,14 feet to a point on the north line of said Section 1, thence westerly along the north litre o.' said Sections i and 2, 2,83 l feet more nr less, 10 Ilip Point (if 13cginning. { Containing an arca of 170.6 acres, more or less. 97 Z2r946 RESOLUTION NO. 97-18 RESOLUTION OlF THE LOCAL, AGENCY FORMATION CO,,%,fNfISSION OF THE COUNTY OF CONTRA COSTA MAKING DETER fNI ATIONS AND APPROVING THE O'HARAINEROLY BOUNDARY REORGANIZATION RESOLVED, by the Local Agency Formation Commission of the County of Contra Costa, State of California, that w`IEREAS, a resolution of application was filed with the Executive Officer of this Commission pursuant to Title S, Division 3, commencing with Section 56000 of the Government Code, requesting annexation of certain territory to the City of Brentwood and to the Brentwood Recreation &. Parr. District (BR&PD); and WTAEREAS, a has been determined that affected territory is within the sphere of influence boundaries of the affected agencies; and ViTiEREAS, the City of Brentwood made a finning that the reorganization proposal is Categorically Exempt from environmental review pursuant to the provisions ofthe California Environmental (duality Act; and W`HTREAS, the Executive Officer reviewed the proposal and prepared a report, including her recommendation thereon, the proposal and report having been presented to and considered by this Commission-, and WHEREAS, this Commission called for and held a public hearing on the proposal on August 13, 1997. At the hearing, the Commission heard and received all oral and written protests, objections and evidence which were made, presented or filed, and all persons present were given an opportunity to hear and be heard with respect to this proposal and the report of the Executive Officer; and NOW, THEREFORE, the Local Agency Formation Commission of the County of Contra Costa DOES HEREBY RESOLVE, DETER.MFNI E, ORDER. AND FIM:? as follows: 1. The proposal is approved, and affected territory shall be subject to the ordinances, rules, regulations, services charges (ifany), bonded indebtedness and contractual obligations same as the annexing agencies. Further, affected territory shall remain within County Service Area EMS-l Zone B following annexation to the City. ?. The boundaries are approved as described in Exhibit A attached hereto and by this ' reference incorporated herein. 3. The annexation territory includes +1- 171 acres, is found to be inhabited and is assigned the following short-term designation- "O'Hara/Neroly Boundary Reorganization (LAFC 97-IS)". Resolution No. 97-1S 97 194E 2 4. The Brentwood City Council is designated the conducting authority, and said Council is hereby authorized to conduct subsequent proceedings in compliance with this resolution with notice and hearidQ. 5. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. PASSED AND ADOPTED this 13th day of August 1997, by the 1•ollowing vote: AYES: Commissioners Jameson, Greenberg, McNair, Nfeadows, Menesint, Uill<ema and Canciamilla NOES: ':`Mone I hereby cert fy that this is a correct copy of a re.sohuimi passecl azul aclo[)tecl by this Coruuri.s:siorr oar the date aforesaid. Date: f�_� vf Annamar:a Perrella, Executive Officer f, 97 22794G CITY COUNCIL RESOLUTION NO. 96-176 A RESOLUTION OF TIS CITY COUNCIL OFTHE CITE" OF BRENTWOOD LNiITIATE'sG AV APPLICATION TO TI1E LOCAL AGENCY FORMATIO COtivaIISSIOy (LA.FCQ) FOR AN WEX.ATION NO. 96-3. THE PROPERTY IS BOUNDED BY TIE FOLLOWL G STREETS: O'HARY AVEtNUE, MN-E TREE WAY, AINDERSON LAI E, AND THE NFER.OLY ROAD EXTENSION. WHEREAS, tate City of Brentwood desires to initiate proceedings pursuant to the Cortese-Knox LocalGovernment Reorganization Act of 1935, Division 3, commencing with Section 560th of the California Government Code, for property in the north central portion of its planning area; and WHEREAS, various property owners ("Applicant") have applied for approval of an annexation of approxL-nately 159± acres; and WHEREAS, dais proposal includes the concurrent annexation to the Brentwood Parks and Recreation District; and WHEREAS, the reasons for this proposed annexation are as follows: 1. This annexation is a logical and reasonable extension of the corporate limits of the City of Brentwood. , 2. It is a desire of the property owners to annex to the City of Brentwood at this time in order to obtain municipal services and eventual development of the property in conformance with the General Plan of the City of Brentwood. 3. The proposal is in conformance with and further implements the goals and policies of tine Brentwood General Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood finds that each of the foregoing recitals are true and correct: I. The City Council has certified tate Final EIR for the Brentwood General Plan which includes' the subject properties and has determined that this annexation and prezone change is within the scope of the General Plan EIR, and hence, a Notice of Environmental Exemption is appropriate at this time pursuant to CEQA Guidelines Sections I5I68(c)(2) and 15162. 2. Pursuant to Section 57000 et. seq. of the Government Code, the City Council of the City of Brentwood authorizes initiating annexation application No. A96-- 3 to LAFCO annexing approximately I59-±- acres generally bounded by O'Hara P �d extension as reilect�� :venue, Lone Trey �Y, knddrson Lane, and 11"dNeroly . an the attached Annexation ylap uted by the Ci i insti ry Of -rhis request for a chance of organization s ' ,oceeding should be sent to the Ciry C ler:., 708 Third Brent�Lood. All notices to chis p Street, BrentL�'ood, C k 9451'. ate availability ;,1. Annexa tion °af the property does not assure imrrl dewed o occur until necessary public Facilities and se falitlopand t serlvic�s are available to se e the City i5 assured that adequate development of the property pursuant to Chapter i7.80� of the �sunicipal Code. vision of property taxes, Ci ofBrentwood and County of Contra Costa have previously 5. The City tax exchange agreement For the i commencis~ig negotiated a property t in accordance with Part 0.5 { accruing from territory annex,d o th� City, e of of vision 1 of the Revenue and Taxation Cod City Brentwood,lohi5 witzh Sec ��}, Di aired, the City l�ianager of �h ty If further negotiations are req authorized and directed to undertake such designated representative, is hereby negotiations• copy OF the resolution to be filed 6, The City Clerkshall ecC�ntracCStiadCo� ty Local p,gency Formation with the Executive Officer o• Commission. paSSED by the City Council of li`ie City of Brentwood at its regular meeting of October 2?, 1996, by the following vote: iSoz'rill, Kidd, She: ce and Vi AYES: Count Luise Mayor ilmembers NOES: `tone ABSENT: Mayor Hill 11 ABS T AIN ne A,ppROVED: . Barbara Guise, Vice %i tyor ATT EST r,.. yrs D ury Ciry l k Donna J. Ro�� .Y TV,.,, 97 22r946 STAFF REPORT - PUBLIC HEARING TO BE CONSIDERED AT CITY COUNCIL iV EETING OF OCTOBER 28, 1997 FROINI: CONEVIUNITY DE'VELOPiMENT DEPARTMENT (OSHINNSEY/ LEANA) SUBJECT: O'HARAJ'NERROLY BOUNDARY REORGANIZATION (ANNEXATION) RECONaIENDATION: Pass Resolution No. 97-222 ordering territory designated as the O'Hara/Neroly Annexation (A 96-3) annexed to the City of Brentwood and the Brentwood Recreation and Park District. POLICY IDENTIFICATION: City Council Resolution No. 96-176 initiated the annexation to LAFCO. Annexation of this area is consistent with the City General Plan and has previously been prezoned to comply with the General Plan. BACKGROUND: Annexation proceedings were initiated by the City of Brentwood through the City Council's adoption of Resolution No. 96-176 (Resolution of Application). Can August 13, 1997, the Local Agency Formation Commission (LAFCO) unanimously approved the annexation. The terms and conditions of the annexation are contained in LAFCO's Resolution No. 9718. The City Council has previously prezoned the entire 171'- acres as a shell-PD at a density of 1 to 3 dwelling units per acre with a said-range of 2. Since this annexation is considered an inhabited annexation (12 or more residents), this public hearing is the final step in the annexation process. Any landowner within the annexation area or registered voter residing in the proposed annexation area may still file a written protest against the proposal with the City Clerk at any time prior to the conclusion of the public hearing. A public hearing notice was sent to each landowner in the annexation area as well as all special districts and jurisdictions affected by the boundary change. At the conclusion of the hearing, the City Council may adopt a resolution snaking a finding regarding the value of the written protests filed (if any) and take one of the following actions: 1. Terminate the proceedings if a majority protest (more than 50% of the voters residing in the affected territory) exists; 2. Order approval of the annexation subject to confirmation by the registered voters residing within the proposed annexation area if written protests have been filed and not withdrawn by either of the following: a) At least 25%, but less than 50% of the registered voters residing in the affected territory 97 227946 b) At least 25% of the number of owners of land who also own at least 25% of the assessed value of land within the affected territory; c) Order approval of the annexation without an election if written protests have been filed and not withdrawn by less than 25% of the registered voters or less than 25% of the number of owners cif land owning less than 25% of the assessed value of land with the affected territory. DISCUSSION: Staff suggests that the City Council open the public hearing, take testimony and pass Resolution No. 97-22-7 ordering approval of the annexation without an election. If protests are received, staff will consider a resolution making a finding regarding the value of the written protests filed and the procedure required. Previous hearings and meetings regarding this annexation indicated that the majority of residents/landowners within the annexation area are in favor of annexation to Brentwood. No known opposition has surfaced. RECOI aIENDATION: Pass Resolution 97-222 ordering territory designated as the O'HaralNeroly Boundary Reorganization (A 96-3) annexed to the City of Brentwood and the Brentwood Recreation and Park District. Alternatives: Alternative No. 1: Terminate the proceedings if a majority protest of proper y owners/registered voters exists. Alternative No. 2: Order approval of the annexation subject to confirmation by the registered voters residing within the annexation area. FISCAL INIPACT: Since this area wilt be serviced by the Oakley Water and Ironhouse Sanitary Sewer Districts, fiscal impacts to the City will be for refuse collection, police service, public works maintenance and other generalized administrative services provided to residents. While existing City fees for services pay for these costs in the short-run, long-term residential development has been shown to require more in service costs than are collected in fees. Attachments: City Council Resolution No. 97-222 with attachments. Map of area to be annexed. 4 ( 3) If in any proceeding to which Contractor is a party, a Receiver is appointed with authority to take possession of Contractor's property such that would affect Contractor' s ability to perform its duties and obligations under this Agreement. ( 4 ) Except as otherwise provided in Section 31 (Assignability) , in the event of a probate proceeding where the rights of Contractor under the Agreement would pass to another individual or other individuals . 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: Garaventa Enterprises Attn: Silvio Garaventa, Sr. 4080 Mallard Drive Concord, CA 94520 Or to County. Attention: Director of Community Development 651 eine Street, 4th Floor North Wing Martinez, California 94553 33 . ANNEXATION ANS`). 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 Fbrmation Commission (LAFC07) . 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. May 2, 1995 17 P administration of this Agreement and the provision of policy recommendations to the Board of Supervisors . The County may at any time cause the remaining provisions of this Agreement to become operative within the Ironhouse Sanitary District and/or the Byron Sanitary -District by providing sixty ( 60) days ' written notice to Contractor of County' s -decision to do so. Contractor shall notify the Ironhouse Sanitary District and the Byron Sanitary District of the requirements of this section and, in the event 60 days ' written notice is given to Contractor by County as provided in this section, Contractor shall immediately notify the District that such notice has been received. Until such notice is given, County hereby directs Contractor to continue its operations consistent with its franchise agreement within the Sanitary Districts . Upon County' s request, Contractor shall provide County with a status report of said operations within the District territories . Except for the requirements of this section, until this Agreement is made operative as to the territories within the Ironhouse and Byron Sanitary Districts as set forth herein, neither County nor Contractor shall be required to fulfill any of their obligations to each other under this Agreement for said territories . COUNTY OF CONTRA COSTA CHAIR, BOARD OF SUPERVISORS ATTEST, Phil Batchelor, Clerk of the Board �~ and County A ministrator �- By: (L IL4 A I I DE TY CONTRACTOR GARAVENTA ENTERPRISES, a California Corporation Ey. Silvio <G aventa, Date President Taxpayer I .D. No . LTF 17a: \grv5295 . fin May 2, 1995 22 /consolidation or other reorganization of Contractor, which results in change of control of Contractor, or the sale or ether transfer by probate preceeding or otherwise of a controlling percentage of Contractor' s capital stock to a person not a shareholder on the date of the execution of this Agreement. The term "assignment" does not include internal business reorganizations or formations of new companies by Contractor, formation of trusts by Contractor or transfers of any interest of Contractor as a result of death, disability or estate planning by one or more of the principals of Contractor, so .long as essential management decisions are retained by Silvio Garaventa, Sr. , his spouse, MLs children, and/or their spouses . It is understood and agreed by the parties that corporations (e.g. , Pittsburg Disposal Company) , sole proprietorships (e.g. , Oakley Disposal Company) , and partnerships that are 100% owned by the shareholders of Garaventa Enterprises may presently and in the future perform the obligations and responsibilities of the Contractor in the regions of the Franchise Area . Performance of the obligations and responsibilities of the Contractor by such companies shall not be deemed an assignment under this section. in the event Contractor herein attempts to assign or subcontract this Agreement or any part hereof or any obligation hereunder, County ,shall have the right to elect to terminate this Agreement forthwith, without suit or other proceeding. Consent to assignment may not be unreasonably withheld. However, it is understood that County' s grant of this franchise to Contractor is partly persuaded by the Contractor' s financial strength and background in the field of waste management; therefore, assuming Contractor Maintains it ability to faithfully carry out its duties hereunder, it is in the County' s .ratepayers ' best interest for Contractor to continue under this Agreement. Following a public hearing, County may assign or transfer any or all of its rights under this Agreement without the consent of Contractor to any legally authorized public entity. 31 . INVOLUNTARY ASSIGNMENT. No interest of Contractor in this Agreement shall be assignable by operation of law. Each or any of the following acts shall, be considered an involuntary assignment providing County with the right to elect to terminate the Agreement forthwith, without suit or other proceeding. ( 1) If Contractor is or becomes insolvent, or makes an assignment for the benefit of creditors; (2 ) If Writ of Attachment or Execution is .levied on this Agreement or other property of Contractor such that would affect Contractor' s ability to perform its duties and obligations under this Agreement . May 21 1995 16