HomeMy WebLinkAboutMINUTES - 11051991 - 2.4 it
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TO: BOARD OF SUPERVISORS - Contra
C f
FROM: HARVEY E. BRAGDON Costa
DIRECTOR OF COMMUNITY DEVELOPMENT '�s = County
co..
STA CO K•.
DATE: October 22, 1,991
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SUBJECT: VILLANOVA DRIVE BOUNDARY CHANGE BETWEEN ALAMEDA & CONTRA COSTA COUNTIES
SPECIFIC "REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS !
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1. Set a public hearing on the proposed Villanova Drive boundary
change between Alameda and Contra Costa County for a date 30
to 60 days hence (Government Code #23206) . Set for December
17, 1991 at12:00 p.m.
2 . Determine that the Contra Costa County Board of Supervisors
shall servd as the Conducting County for this proceeding
(according to #23206 of the Government Code)
3 . Accept the Negative Declaration of Environmental Significance
on this proposal as processed by the County . Community
Development Department.
4 . Approve the 11concept of this boundary change as outlined in the
attached report (Attachment A) . '
5. Adopt the attached resolution (Attachment B) proposing the
boundary change (Govt. .Code 23206) .
FISCAL IMPACT.
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Staff time necessary to process this petition and to adopt the
appropriate ordinances. Some minor loss of property taxes in the
area to be shifted to Alameda County; that will be offset by not
needing -to provide services to this or other fees to be paid to
state agencies, � it is our view they should be paid by those
benefiting from such a change (the petitioners) .
BACKGROUND/REASONS FOR RECOMMENDATIONS
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See Attachment K
CONTINUED ON ATTACHMENT: XX YES SIGNATURE
9 -/17
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE {' OTHER
SIGNATURE(S) :
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ACTION OF BOARD ON November 5 , 1991 APPROVED AS RECOMMENDED X OTHER
y
p .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: ]'i NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED November 5 , 1991
cc: County Administrator Office PHIL BATCHELOR, CLERK OF
Public Works THE BOARD OF SUPERVISORS
County Counsel CLAN7OUNT DMINISTRATOR
Alameda County & ;IAlameda LAFCO
Oakland BY , DEPUTY
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ATTACHMENT A.
STAFF REPORT ON THE PROPOSED
VILLANOVA DRIVE COUNTY BOUNDARY CHANGE
BACKGROUND
In late 1985, the Board of Supervisors considered a land owners
petition for a minor boundary change in the Alameda-Contra Costa
County Boundary in the. Oakland Hills area. Based on a staff
recommendation that the proposed boundary was inappropriate, the
Board of Supervisors denied that proposal. On October 29, 1985 the
Board of Supervisors endorsed a report that concurred with the
concept of a boundary change based on a modified boundary and
provided addition9al direction to staff on how to proceed with this
concept (See Attachment B) . j
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Some of the individuals involved in the previous requeIt, have
petitioned to have the County boundary amended according,' to the
proposal endorsed by the Board of Supervisors as shown in
Attachment B. This report analyzes that modified request and the
actions which need to be undertaken to implement the change.
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We recommend that the boundary change be completed.
; RATIONALE FOR CONSIDERING A BOUNDARY CHANGE
The existing County boundary has existed with only �one change for
over a century and has proved to be a serviceable boundary. The
one modification 'llwhich occurred in 1958, was the shifting of an
area from Kensington community into Berkeley in Alameda County.
Since that time, the complexity of accomplishing such a change has
been greatly increased with the creation of LAFCO's and more recent
tax laws and regulations.
It would appear that there are two main reasons why this County and
other affected jurisdictions may wish to undertake the complicated
procedure for making such changes. They are: (1) to create a
better joint County boundary; and (2) to eliminate a hardship to
members of the public, especially where the change would not create
a poor boundary. '
In terms of the second reason, the existing joint County boundary
actually splits back yards of properties (see Map 1) . Property
owners have diffilculty getting building permits because of varying
jurisdictions with varying requirements. If a crime occurs on the
back of a lot in Fontra Costa County while the home is in Oakland,
it could be unclpear as to which law enforcement agency would be
called to respond. Some lots receive two tax bills, one from each
County. The list of complications is long.
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The proposed boundary change was analyzed and worked out with
adjacent jurisdictions as outlined in Attachment B. The
modification would place developed and developing lands within
Alameda County. , This area is poorly oriented to service from
Contra Costa County agencies. East Bay Regional Park District
lands would be concentrated in Contra Costa County in the locality,
making service decisions more practical for all agencies involved.
PRECEDENCE
From both a positive and negative County point of view, it has been
argued that such� a boundary change could create a precedence for
other such proposed realignments. There are other locations along
our two County boundary which might benefit from such a change. No
such change will occur without the concurrence of the two Boards of
Supervisors involved.
NEW STATE LEGISLATION
State law on how to undertake a County boundary change was amended in
1985; there is no precedent in how to proceed. The revised law is fairly z
clear in intent; enough so that we have been able to develop a procedure
for carrying out th s change with a minimum of confusion. The legislation
for a change initiated by petition calls for scheduling a public hearing,
publication and notification of affected agencies protest provisions,
adoption of ordinances by the affected counties, and filings with state
agencies.
County Staffs have worked out a procedure with State Board of Equalization
personnel to modify all local agency boundaries based on the revised
County boundary change and on Alameda County LAFCO actions to annex land
into Oakland. This approach will greatly simplify the process.
OTHER AFFECTED AGENCIES
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The shift of the County line will affect a range of agencies in both
Alameda and ContralliCosta Counties. Section 23218 of the Government Code
states. that the change in County boundary can also determine the other
agencies to have modified boundaries. Since it would not be in the public
interest to create a new host of two county agencies from existing
jurisdictions, the County boundary change needs to reflect 'all affected
agencies. The effective date of the County boundary change should be made
identical to the date of changes required by those agencies. The two
counties could serve as applicants for these changes and serve as
conducting authority for those boundary reorganizations.
Agencies to be detached from the land going to Alameda County are:
Moraga Fire Protection District
County Service Area P-6
Contra Costa Resource Conservation District
Contra Costa Mosquito Abatement District 1
County Service Area EMS-1 Zone B
AcalanesiHigh School District
Orinda Elementary School District
Contra Costa County Community College District
Contra Costa County Flood Control District
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Agencies to be annexed from the land coming from Alameda County
are:
Moraga Fire Protection District
County Service Area P-6
Contra Costa Resource Conservation District
Contra Costa Mosquito Abatement District 1
County Service Area EMS-1 Zone B
AcalanesIlHigh School District
Orinda Elementary School District
Contra Costa County Community College District
Contra Costa County Flood Control District
All of these agencies were noticed of the public hearing before the
Conducting Authority (Your Board) . The area will remain in the East Bay
Regional Park District and the East Bay Municipal Utilities District.
Due to the exceptionally small size of the project proposal this
application is notl! felt to have a significant impact on the finances of
any jurisdiction. '` Property tax agreements will be required before
finalization of the LAFCO action in Alameda County. The lands coming into
Contra Costa County are publicly owned and pay no taxes; they will join
the adjacent tax rate area.
FINAL ACTIONS REQUIRED
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Upon closing the public hearing, should the Board concur in this County
line change, staff, will have a resolution prepared ordering the boundary
change called for �in the Government Code and establishing the required
ordinance. The effective date will be established in the ordinance and
will need to be coordinated with Alameda County and Alameda County LAFCO.
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CONCLUSIONS
Move forward with the County boundary change as outlined in the
recommended actions on the Board Order. The Board should recognize that
such changes in boundary are procedurally complex and follow up actions
will be required by staff to complete the boundary organization.
JWC:se
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
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Adopted this Order on November 5 , 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None ?I
ABSENT: None
ABSTAIN: None 11
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SUBJECT: InIlthe matter of the )
Villanova Drive County Boundary ) RESOLUTION NO. 91/736
Change ) (Gov. C. §§ 23200
et seq. )
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The Board of Supervisors of Contra Costa County RESOLVES that:
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1 . ' A request to initiate a proposed County boundary change
for a small area near the City of Oakland has been received by
petition pursuant to Government Code section 23205, and Contra
Costa County has validated that the petition has the required
number of' signatures .
2 . Pursuantito Article 4 of Division 1 of the California
Government Code (§§ 23200 et seq. ) this Board hereby initiates
proceedings for a �change of boundaries between Contra Costa
County and Alameda County to be called the Villanova Drive
Boundary change. y
3 . The. current County boundary runs through several
parcels . The reason for the proposed small boundary change is to
create a more logllical county boundary line which will not run
through parcels .
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4 . This proposal is to transfer approximately two acres
from Contra Costa County to Alameda County and to transfer less
than one acre from Alameda County to Contra Costa County as shown
on Map A attached, which describes the proposed new County
boundary line .
5 . The proposed boundary change will not affect more than
five ( 5% ) percent of the boundaries or population of either
County and will not be more than 5 miles from its original
location . I
6 . The Contra Costa. County Board of Supervisors is to be
the conducting authority and shall file this Resolution with
Alameda County.
7 . This proposal affects inhabited territory.
8 . This proposal is to be subject to the condition that the
territory becoming a part of Alameda County be annexed to the
City of Oakland, the Alameda County Flood Control District, and
the Alameda-Contra .Costa 'Transit District and be detached from
the following agencies :
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Moraga Fire Protection District
County Service Area P-6
Contra Costa Resource Conservation District,
Contra Costa Mosquito Abatement District I -
County Service Area EMS-1 , Zone B-
Acalanes High School District
Orinda Elementary School District
Contra Costa °iCommunity College District
Contra Costa �lCounty Flood Control District .
9 . This proposal is to be subject to the condition that the
territory becoming a part of Contra Costa County be detached from
the City of Oakland, the Alameda County Flood Control District
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and the Alameda-Contra Costa Transit District and be annexed to
the following ageft]icies :
Moraga Fire P,`rotection District ,-
County
istrictCounty Service Area P-6
Contra CostaResource Conservation District --
Contra
istrictContra Costa kosquito Abatement District I
County service Area EMS-1, Zone B -
Acalanes HighSchool District
Orinda ElemenItary School District
Contra Costa Community College District .
Contra Costa County Flood Control District
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10 . This pro,'posal is to be subject to the condition .that
the territory becoming a part of Contra Costa County become
subject to the bolded indebtedness of all agencies to which the
territory will bel�annexed and be relieved of all bonded
indebtedness of agencies from which it is detached.
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11 . This proposal is to be subject to the condition that
the territory becoming a part of Alameda County become subject to
the bonded indebteidness of, all agencies to which the territory
will be annexed a I d be relieved of all bonded indebtedness of
agencies from which it is detached.
12.. The aforIenoted annexations and detachments are to be
conducted .pursuan11 to the Cortese-Knox Act (Gov. Code, §§ 56000
et seq. or other applicable law) .
13 . The effictive date of the transfer is to be May 1 ,
1992 , which is intended to be the time that the aforenoted
annexations and detachments are to become effective after
appropriate proceedings by the Local Agency Formation Commission
of Contra Costa and Alameda Counties and by such other agencies
(e .g. , school districts ) as are necessary to carry out the
aforesaid annexations and detachments .
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14 . The Clerk of the Board is directed to file a certified
copy of this Resoiution with the Clerk of the Board of
Supervisors of Alameda County.
15 . This Board hereby sets a hearing on this proposal for
2 : 00 p.m. , Tuesday, December 17 , 1991 , in the Board of
Supervisors Chambers, 1st Floor, 651 Pine Street, Martinez, CA
94553 .
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16 . At said ;hearing, any person may appear and be heard.
Any person desiring to protest against the proposal may file a
written protest with the Board of Supervisors . Any written
protest by a resident-voter shall contain the address of the
voter. Any written protest by a property owner shall contain a
description sufficient to identify the property owned. At! the
hearing, the Board of Supervisors shall hear testimony from
interested persons and receive any oral, or written protests . Any
personwho files a written protest may withdraw it at any time
before the conclusion of the hearing. The hearing may be j
continued from time to time, not to exceed 45 days from the date
specified in the resolution.
17 . The Clerk of this Board is hereby directed to giie
notice of the hearing by each of the following:
(a) Notice shall. be published pursuant to Section 6061 in
one or more newspapers of general circulation within the affected
territory and within each affected county. Publication shall
commence at least1,115 days before the date set for the hearing.
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(b) Notice shall be mailed to the Board of Supervisors of
Alameda County, to each special district and school district
which includes the affected territory within its boundaries, to
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the local agency formation commission of each affected county,
and to each person" who has filed a written request for special
notice .
DCG/jh
Orig. Dept . : Community Development
cc : Alameda County Board of Supervisors
Alameda LAFCO'II
Contra Costa LAFCO
J-9:a:\villanov.res II hereby certify that this is a true and Correct copy of
an action taken and entered on the minutes of the
Board of Supe sors on th date shown.
ATTESTED: tads
PHIL 6AIrCHELOR,Clerk of the Board
f Supe ors and u ty Administrator
By ,Deouty
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