The URL can be used to link to this page

Home My WebLink AboutMINUTES - 12131994 - 2.1 TO: BOARD OF SUPERVISORS Contra Phil Batchelor, County Administrator Costa FROM: - �i < . County DATE: December 1, 1994 r SUBJECT: ADJUST BOUNDARY BETWEEN THE WALNUT CREEK-DANVILLE JUDICIAL�DISTRICT AND THE MT. DIABLO JUDICIAL DISTRICT ` SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: INTRODUCE ordinance to adjust the boundary between the Walnut Creek-Danville Judicial District and the Mt. Diablo Judicial District, WAIVE reading of the ordinance and FIX December 20, 1994 for adoption of the ordinance. BACKGROUND: Government Code S 71040 authorizes the Board of Supervisors to divide the County into judicial districts for the purpose of electing judges . This section . also provides that the Board may change district boundaries and create other districts, as long as no city is divided so as to lie within more than one district. Judge William Kolin of the Mt. Diablo Municipal Court has requested a boundary change. Judge Kolin owns and lived in a home in an unincorporated area near Walnut Creek prior to the time he was appointed to the Mt. Diablo Municipal Court bench by the Governor. Since he must live in the Judicial District to which he was appointed, Judge Kolin has rented a residence in Concord. He still. owns the home in Walnut Creek and would like to move back there if the necessary boundary change can be accomplished. Judge Kolin' s Walnut Creek home is in the Walnut Creek-Danville Judicial District but is within 300 feet of a small island of unincorporated territory which is in the Mt. Diablo Judicial District. This island of Mt. Diablo Judicial District territory is completely surrounded by the Walnut Creek-Danville Judicial District. Judge Kolin is asking that the boundary between the two judicial districts be moved almost literally across the street to include his home and one neighbor' s home in the Mt. Diablo Judicial District so he can return to his home in Walnut Creek. CONTINUED ON ATTACHMENT: /-X- YES SIGNATURE: eyd&& RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): �./�lGf/C// ACTION OF BOARD ON Thar_L-mhtmr 13y 1994 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. OATTESTED EC 1_3 1994 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR BY � DEPUTY -2- The Board of Supervisors has clear statutory authority to adjust the boundaries of judicial districts "for the public convenience" . Judge Kolin has gotten the concurrence of the one neighbor who would be affected by this boundary change. The County Clerk has no problem with the proposed change, which will require him to make a corresponding change in election precinct boundaries . An ordinance for this purpose has been prepared and is attached for introduction, to waive reading and to fix December 20, 1994 for adoption. cc: County Administrator County Clerk-Recorder Assistant Registrar of Voters Interim Municipal Court Administrator Judge William Kolin ORDINANCE 94- (Change in Boundaries of the Mt. Diablo and Walnut Creek-Danville Judicial Districts) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted provisions of the County Ordinance Code) . SECTION I. SUMMARY. This ordinance amends ordinance Code section 28-2-006 to enlarge the territory of the Mt. Diablo Judicial District by the addition of two lots from the Walnut Creek-Danville Judicial District. (Gov. Code, S 71040 . ) SECTION II. Section 28-2.006 is amended to read: 28-2 .006 Mt. Diablo judicial district. The Mt. Diablo judicial district comprises the Alhambra, Clayton, Clyde, Concord, lots three (3) and six (6) of subdivision 4444, Martinez, Mountain View, Nichols 502, 504, and 506, Oleum 504, Pacheco, Pleasant Hill, Port Chicago and Vine Hill precincts . (Ords . 94-_, 76-39 S 1, 72-22 S 2, 69-32, 69-17 : formerly code S 25-2 . 006; prior code SS 2300, 2301, 2304 : ords . 68-65 S 2, 68-8 S 1, 67-17, 1968, 1890, 1785, 1731, 1648, 1594, 1564, 1398 . ) SECTION III. It is hereby found and declared that the public convenience requires this amendment. SECTION IV. Effective Date. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors, voting for and against it in the , a newspaper published in this County. (Gov. Code, SS 25123 & 25124 . ) PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN:' ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] _ s APR-26-1994 16 15 FROM PTT DIRBLO CCURT PARKS IDE TO 64098 ' P.01• April 26, 1994 Mr. Claude vary Marter office of the Couzlty Administrator 651. Pine Street, 11th Floor Martinez, Ca. 94553-1229 Re: Mt. Diablo Judicial District boundary Dear Claude: Thanks for looking into this matter for me. It has taken ane some time to get the maps for you to review relative to the boundary issue. I am enclosing them for your review. As you can see from Map #1, there is a small triangle-shaped °island" within the extreme outer boundary of the 'Walnut Creek- Danville Judicial District. However, the homes within this triangle are within the Mt Diablo Judicial District. I have confirmed this fact with Bob Delevati at the Elections Dept: Map #2 is a more specific map of that island area depicted in Map #l. As you can see, this area consists of three to four blocks of houses . My former residence (which I still own) is located at 730 Hazelwood Drive, which is one-half block from the Mt. Diablo judicial District boundary. I would ask your indulgence in reviewing these two maps and to call me to discuss the possibility of including my old residence into the "island" and as a result, into the Mt. Diablo Judicial District boundaries. This would entail an extremely minute change of the boundary under Government Code section 71040, please note that none of the four judges on this court have any objection to such a change. I will look forward to hearing from you. very Truly Yours, I William M. Kolin �ry58 moi=. tC� TO COURT Y - TO o� �t1 MT ptA6L0 y�:�•�� , (*FI?6liq-9q 16:15 r e [ v a M FAM m W ow r }s¢ [L MAP. V !y I ♦ Ir LS ^�/ Mia a\ iEl [[[ Ii l.=ta�:•3 c 3. --�[Y.' gyp,ii's. ;5,�a, [� �• k `i E` u !.. 1'�l"'� "_(-V� `' Y j ) s Y' y!' fi -�'`� S• -9et�yj :1= • -. •`SIS' '.l �'F+�Er � A� ..'... . IMP nw— Ask ��►' ! ` Wl Nkw Mallift: ,.►*� -:.• I Iii .w