HomeMy WebLinkAboutMINUTES - 10181994 - 1.15 f- -
ATTACHMENT A
STAFF REPORT ON THE PROPOSED
VASCO ROAD REALIGNMENT
COUNTY BOUNDARY CHANGE
BACKGROUND
The Contra Costa Water District (CCWD) as a part of its Los Vaqueros Reservoir project is
obligated to the relocation of Vasco Road. The Board of Supervisors amended the County
General Plan in 1991 to accommodate this realigned roadway and agreed to the vacation of the
existing Vasco Road. The CCWD adopted the "Vasco Road and Utility Relocation Project
Environmental Impact Report" on this realignment. The Board utilized that document as the
environmental basis for approving the Vasco Road Realignment project.
The final alignment approved for Vasco Road Realignment included a 16.65 acre dip in the
roadway south into Alameda County as the roadway goes east to west before the road makes its
connection back to the existing alignment in Contra Costa County. (See Map 1 attached) The
minor incursion into Alameda County is,the result of topographic complexities and the need to
meet current design standards.
Since this small link of road is within Alameda County; road maintenance should be by that
jurisdiction. Alameda and Contra Costa Public Works staff discussed this issue and felt the
easiest way to proceed was by a minor county boundary change to place this small dip totally
within Contra Costa County. On February 15, 1994, the Board of Supervisors signed a
cooperative agreement with CCWD for relocation of Vasco Road. This agreement encourages
this county boundary change.
This petition is in furtherance of that agreement.
RATIONALE FOR APPROVING THE BOUNDARY CHANGE
The existing County boundary has existed with only two changes for over a century and has
proved to be a serviceable boundary. The first modification which occurred in 1958, was the
shifting of an area from Kensington community into Berkeley in Alameda County. The
Villanova Drive County Boundary change in 1992 transferred slightly over two acres of land to
Alameda County to eliminate a situation where parcels and existing homes were split between
both Counties.
Since the existing County boundary is located inconveniently to the new Vasco Road alignment
in terms of this dip across the County line, the remedy of a minor change in boundary appears
1
STAFF REPORT ON THE PROPOSED VASCO ROAD REALIGNMENT
COUNTY BOUNDARY CHANGE
Page -2-
desirable. It would also be consistent with previous Board agreements with CCWD.
The area encompassed by the change includes two properties. An 11.28 acre parcel is owned
by CCWD and after completion of the new roadway it would be transferred to the ownership
of Contra Costa County along with the rest of this road right-of-way within Contra Costa
County. There is also a 5.37 acre portion of private land which would need to be shifted as part
of this exchange. This parcel is part of a working ranch which is located in both counties.
There is little affect of the County line on this ranch; the real impact will be the realigned Vasco
Road. The intent is not to create a new parcel by this realignment and consequently trigger a
property tax reevaluation. The property owner is accommodating this governmental generated
change. If application fees are required to add this 5.37 acres to the existing adjacent parcel;
they shall be waived by the County.
CEQA
The Contra Costa Water District has undertaken extensive environmental review as part of the
Los Vaqueros Reservoir project. An Environmental Impact Report Vasco Road and Utility
Relocation Project was certified by the District to cover issues related to this roadway
reconstruction. The Board of Supervisors utilized this EIR, as a Responsible Agency, when it
acted on the Vasco Road General Plan Amendment, that EIR covered all the physical impacts
of this road relocation on the environment and it will serve as the environmental document for
this follow-up action.
STATE BOUNDARY CHANGE LEGISLATION
STATE LEGISLATION
State law on how to undertake a County boundary change was amended in 1985; there is limited
precedent on how to proceed. The revised law is fairly clear in intent; enough so that we have
been able to develop a procedure for carrying out this 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.
In the Villanova Drive County Boundary change, our staff developed a procedure on how to
proceed. We followed it up with validating state legislation. Alameda, Contra Costa, Contra
Costa LAFCO and State Board of Equalization staff feel that this boundary change can be made
without LAFCO action. If the County Counsel office feels that LAFCO action is necessary, this
2
STAFF REPORT ON THE PROPOSED VASCO ROAD REALIGNMENT
COUNTY BOUNDARY CHANGE
Page -3-
Board action should be interpreted as direction to staff to apply to LAFCO to add this area to
the County districts referenced below.
Staff should be directed to take whatever actions are needed to implement this boundary change.
OTHER AFFECTED AGENCIES
The,shift of the County line will affect a range of agencies in both Alameda and Contra Costa
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.
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. This approach will
greatly simplify the process.
- Agencies to be detached from the land coming from Alameda County are:
Alameda County Mosquito Abatement District
Alameda County Service Area Emergency Medical
Alameda County Service Area Vector Control
Livermore Area Recreation and Park District
Zone 7, Alameda County Flood Control and Water Conservation District
Alameda County Fire Department
Livermore-Amador Valley Transit District
Livermore Valley Joint Unified School District
Alameda County Community College District
- Agencies to be annexed to the land coming from Alameda County are:
Contra Costa Water District
East Diablo Fire Protection District
Contra Costa County Resource Conservation District
Contra Costa County Mosquito Abatement District
Liberty Union High School District
Byron Elementary School District
3
STAFF REPORT ON THE PROPOSED VASCO ROAD REALIGNMENT
COUNTY BOUNDARY CHANGE
Page -4-
Contra Costa Community College District
County Service P-6
All of these agencies will be noticed of the public hearing before the Conducting Authority
(Your Board). The area will remain in the East Bay Regional Park District.
Due to the exceptionally small size of the project proposal, this application is not felt to have
a significant impact on the finances of any jurisdiction. The publicly owned lands coming from
Alameda County will be transferred to Contra Costa County and will be tax exempt. The road
right-of-way and the private parcel should utilize the same tax rate allocation as the adjacent
ranch parcel within Contra Costa County. That tax rate area is 60064.
PUBLIC ACCESS FROM VASCO ROAD
The Livermore Area Recreation & Park District (LARPD) recently acquired 507 acres of
property in the northeast unincorporated area of Alameda County, approximately five miles north
of the City of Livermore. LARPD, Contra Costa Water District and Contra Costa County staffs
have met to discuss using the new Vasco Road, when completed, as a public access point into
the Brushy Peak recreation area.
Contra Costa County has agreed to allow public access from this -part of Vasco Road provided
that Public Works staff reviews and approves any improvements which are proposed. The final
design of the public access will be submitted to the County when completed.
FINAL COUNTY ACTIONS REQUIRED
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.
Move forward with the County boundary change as outlined in the recommended actions of 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.
VALIDATING LEGISLATION
All county boundaries are described by State statute. Should this boundary change be approved
by both counties, legislation needs to be pursued to correct the boundary in the statute. This
will serve as a State validating action for this change.
JWC:aw/gms
MNASCORD.RPT
4
Attachment B
ORDINANCE NO 94-
(Minor County Boundary Line Change for Vasco Road Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION 1:
On December 6, 1994, pursuant to duly noticed hearing, the Board of Supervisors of the
County of Contra Costa adopted Resolution 94/ , approving the Vasco Road Realignment Minor
Boundary Change between the County of Contra Costa and the County of Alameda. A copy of said
Resolution is attached as Exhibit A hereto.
SECTION 2:
At the hearing on the proposed Boundary Change, held December 6, 1994, no protests were
filed against the proposed Boundary Change. Pursuant to Government Code Section 23210, this Board
hereby approves the proposed Boundary Change, subject to the conditions described in Exhibit A,
attached hereto.
SECTION 3:
The effective date of this Boundary Change shall be December 6, 1994.
SECTION 4:
The Clerk of this Board shall transmit a certified copy of this Ordinance to the Board of
Supervisors of the County of Alameda, with a request that the County of Alameda adopt a
substantially similar Ordinance approving the Boundary Change, as required by Government Code
Section 23210.
SECTION 5:
The Clerk of this Board shall file with the State Board of Equalization and with the Assessors
of both County of Alameda and County of Contra Costa a statement setting forth the legal description
of the boundary, as changed, together with a map or plat indicating the boundary. The changes are
shown in Exhibit A and Exhibit B, attached hereto.
SECTION 6:
As required by Government Code Section 23215,the Assessor,Tax-Collector, and Auditor shall
execute and deliver to the Board of Supervisors of the County of Contra Costa such documents relating
to the assessment and collection of taxes in the subject area as will allow the County of Contra Costa
to assess and collect taxes in the area becoming a part of that County.
SECTION 7:
This Ordinance is to become effective 30 days after passage, and within 15 days of passage
shall be published once with the names of the supervisors voting for and against it in the Daily Ledger/
Post Dispatch, a newspaper published in this County.
JWC:aW
CPMescoBou.ORD
.Ak,` CONTRA COSTA ATTACIMENT C
WATER DISTRICT
1331 Concord Avenue
RO.Box H2O
Concord,CA 94524
(510)674-8000 FAX(510)674-8122
January 7, 1994
Directors
Joseph L.Campbell
President Mr. Jim Cutler,Assistant Planning Director
Elizabeth R.Anello Contra Costa County Community Development Department
Vice President 651 Pine Street,North Wing,4th Floor
Bette Boatmun Martinez,CA 94.553
Donald R Freitas
James Pretti Subject: Petition For County Boundary Change
Walter J.Bishop
General Manager
Dear Mr. Cutler:
Attached is a fully signed copy of a petition, submitted by the Contra Costa Water
District(CCWD), for a minor boundary change between Contra Costa County and
Alameda County. Original petitions were submitted to the Clerk of the Board for both
Contra Costa County and Alameda County Boards of Supervisors today. Copies of
the transmittal letter to each County are also provided.to you.
Your attention in coordinating the boundary change process for this petition from the
Contra Costa County perspective is most appreciated. If you need further information
or assistance, please call me as soon as possible at 674-8119.
As you know,this petition is in connection with the Contra Costa Water District
(CCWD) Los Vaqueros Project in the relocation of Vasco Road. On December 1,
1993,the CCWD Board of Directors approved a Cooperative Agreement with Contra
Costa County which authorizes this petition for boundary change to the Boards of
Supervisors of both Contra Costa County and Alameda County. The Cooperative
Agreement is expected to be approved by Contra Costa County in the near future. As
you know,the Public Works Departments of both agencies are in agreement that a
boundary line change would best serve both departments in the respective maintenance
and operations activities for the relocated Vasco Road facility.
Thank you for your assistance in providing information necessary in preparing the
petition. Your coordination and management of this petition process to the successful
completion of the boundary change is most appreciated.
Y Truly,
Dennis Pisila
Utility Planner
DP/rlr
Attachments
BOLD, POLISNER, MADDOW, NELSON & JUDSON
JEFFREY D.POLISNER A PROFESSIONAL CORPORATION TELEPHONE
ROBERT B.MADDOW SUITE 325 (S10) 933-7777
CARL P.A.NELSON
TELEFAX
CRAIG L.JUDSON 500 YGNACIO VALLEY ROAD
(SI
0)933-7804
WALNUT CREEK, CALIFORNIA 94596-3840
FREDERICK BOLD,JR.
(RETIRED)
January 6, 1994
Contra Costa County
Clerk of the Board of Supervisors
651 Pine Street
Martinez, California 94553
RE: Petition for County Boundary Change
Gentlemen:
Pursuant to Section 23205 of the Government Code, I am
enclosing an original and one copy of a Petition for a. minor change
in the boundary line between Contra Costa and Alameda Counties.
Please have the copy marked "Filed" or "Received" , and return it to
me for my records.
If you determine within the next thirty days that the Petition
is not signed by the requisite signatories, please let me know
immediately. If you determine that the required number of
signatures have been provided, please proceed in accordance with
Section 23206, et sect. , of the Government Code.
Please call me if you have any questions.
i
Very truly yours,
i
Jeff y isner
JDP:mcl
encl.
cc: Walter J. Bishop, General Manager, Contra Costa Water District
Alameda County, Board of Supervisors
Hugh Walker, Attorney, Walker Family Trust
Jim Cutler, Deputy Planning Director, Contra Costa County
BOLD, POLISNER, MADDOW, NELSON & JUDSON
JEFFREY D.POLISNER A PROFESSIONAL CORPORATION TELEPHONE
ROBERT B.MADDOW SUITE 325 (510)933-7777
CARL P.A.NELSON
TELEFAX
CRAIG L.JUDSON 500 YGNACIO VALLEY ROAD
(510)933-7804
WALNUT CREEK, CALIFORNIA 94596-3840
FREDERICK BOLD,JR.
(RETIRED)
January 6, 1994
Alameda County
Clerk of the Board of Supervisors
1221 Oak Street, Room 536
Oakland, California 94612
RE: Petition for County Boundary Change
Gentlemen:
Pursuant to Section 23205 of the Government Code, I am
enclosing an original and one copy of a Petition for a minor change
in the boundary line between Alameda and Contra Costa Counties.
Please have the copy marked "Filed" or "Received" , and return it to
me for my records.
If you determine within the next thirty days that the Petition
is not signed by the requisite signatories, please let me know
immediately. If you determine that the required number of
signatures have been provided, please proceed in accordance with
Section 23206, et seq. , of the Government Code.
Please call me if you have any questions.
Very ul ` .you ,
Jeff eyiD. isner
JDP:mcl
encl .
cc: Walter J. Bishop, General Manager, Contra Costa Water District
Contra Costa County, Board of Supervisors
Hugh Walker, Attorney, Walker Family Trust
Jim Cutler, Deputy Planning Director, Contra Costa County
fi
PETITION TO THE BOARD OF SUPERVISORS
OF ALAMEDA AND CONTRA COSTA COUNTIES
FOR A COUNTY BOUNDARY CHANGE
Pursuant to Section 23200, et sea., of the Government Code of the State of California, the
undersigned hereby request the Board of Supervisors of Alameda and Contra Costa Counties to
take such action as is required by law to make a minor change in the boundary between said
counties in the manner and for the reasons herein set forth.
1. The reason for this petition to change the county boundary is as follows:
Contra Costa Water District in association with Public Works Departments of both
Alameda and Contra Costa Counties,is currently finalizing the design and location of road right-
of-way for the relocation of existing Vasco Road as part of the Los Vaqueros Project. The
southern portion of the relocation of Vasco Road begins in Alameda County and continues into
Contra Costa County. At a location approximately 0.8 mile(or 4,000 feet) within Contra Costa
County, the relocated Vasco Road right-of-way reenters Alameda County. The topography of
the area has dictated the alignment of the right-of-way. The Public Works Departments of both
Alameda and Contra Costa Counties have determined and are in agreement that a boundary line
change in this location would best serve both departments in the respective maintenance and
operations activities of both counties for the relocated Vasco Road facility.
The relocated Vasco Road right-of-way is owned by the Contra Costa Water.District and
will be conveyed to both Alameda County and Contra Costa County upon completion of
construction. The portion of the District owned right-of-way contained in this petition
comprises 11.28 acres. A small 5.37 acre portion of property owned by the Walker Family Trust
will also be affected by the county boundary change. The Walker Family Trust currently owns
property on both sides of the relocated Vasco Road right-of-way. The county boundary change
will remove both the District owned property and the portion of Walker Family Trust property
located between the District owned property and the existing county boundary from Alameda
County and add it to Contra Costa County. The total acreage in the county boundary change
within the two ownerships is 16.65 acres more or less. Both property ownerships are contained
in current Alameda County Assessor Parcel 9913-6100-3-1.
On December 1, 1993, the Contra Costa Water District Board of Directors approved a
Cooperative Agreement with Contra Costa County which requires the District to apply for a
minor boundary adjustment(Article 1, item 26,page 7)between Stations 128 and 148 as shown
on Replacement Roadway plans and the land between the Replacement Roadway right-of-way
and the County line(i.e.,the lands contained within this petition). The Cooperative Agreement is
expected to be approved by Contra Costa County in January, 1994.
2. A property description is attached hereto as Exhibit A with an attached map as
Exhibit B identifying the property to be added to Contra Costa County as Parcel 3. Exhibit C is
attached to identify the Contra Costa Water District ownership as Parcel 1 of current Alameda
County Assessor Parcel 99B-6100-3-1. Exhibit D is attached to identify the Walker Family
Trust ownership as Parcel 2 of current Alameda County Assessor Parcel 99B-6100-3-1.
Property descriptions are available from the Contra Costa Water District for the two respective
ownerships.
3. The proposed new boundary line will not be more than five(5) miles from its original
location.
4. The proposed new boundary line will not reduce the area of any affected county by
more than five percent(5%).
5. The proposed new boundary line will not reduce the population of any affected
county by more than five percent(5%).
6. The proposal does not affect inhabited territory.
7. The petitioner proposes that the boundary change be subject to such terms and
conditions as are required by law.
8. The General Manager of the Contra Costa Water District is hereby designated as the
chief petitioner.
9. This petition is signed by not less than 25% of the property owners within the
affected territory who also own not less than 25% of the assessed value of land and
improvements within the affected territory.
10. The signatories of this petition request that proceedings be taken pursuant to Section
23200,et sea., of the Government Code at the earliest possible date and within the time periods
set forth therein.
Respectfully submitted,
Warter J. Bis p,-Gen'erW Manager
Contra Costa Water District
Date of Identity of
Property Owners Signature Property Owned
•. January 7, 1994 Parcel 1
Signature
Walter J. Bishop
Print Name
1331 Concord Avenue,Concord,CA 94520
Address
Parcel 2
Signature
Print Nadie
e'D
Address
Date of Identity of
Property Owners Signature Property Owned
Parcel
Signature
Lois
Print Name
C-0-Co'6 ILA ggs5/
Address
(:Agpwa Parcel 2e
�6 cA L A A arse
Print N&e
Address t ysfj
Parcel 2
Signature
Rory Lr Et;csS�>4,
Print Name
f-O F bX Z��i�i l
Address
i
(tt luC - `f Parcel 2
Signature
W norA T W(,l(,e.K
Print Name
P,L). V ,
6-^Y- lo
Address aus51
Parcel 2
Signature
Print Name
Address ,�
EXHIBIT IWI
Being a portion of.Rancho Canada De Los Vaqueros, situated within Lot 40, Township
2 South, Range 2 East, Mount Diablo Meridian, more particularly described as follows:
Beginning at the Intersection of the Alameda-Contra Costa County Line with the future
southerly right-of--way line of the Los Vaqueros Project Vasco Road Relocation
Segment B from which the County Boundary Monument 89-1 bears South 730, 45' 54"
West, a distance of 10,352.70 feet; thence along said County line, North 730 45' 54"
East, 2,159.38 feet; thence leaving said County line, South 470 00' 03" West, 99.23
feet; thence South 150 45' 20" East, 343.82 feet; thence South 580 02' 28" West,
255.36 feet; thence North 860 27' 08" West, 229.08 feet; thence South 770 06' 23"
West, 113.77 feet; thence South 620 04' 33" West 295.31 feet; thence South 730 55'
45" West 210.38 feet; thence South 830 12' 21" West, 493.23 feet; thence, North 690
18' 08" West, 195.57 feet; thence North 720 28' 11" West, 421.65 feet to THE POINT
OF BEGINNING.
Containing an area of 16.65 acres, more or less.
Basis of Bearings: All bearings are based on the California Coordinate System of
1983 Zone Ill. All distances are grid. To obtain ground distances multiply expressed
distances by 1.0000907.
Parcel 3 ay�..••u.;
Job No. 1352.3
October 25, 1993 �v�z��; F• St N �c��
Sheet 1 of 2 041025.t 3S2.3
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EXHIBIT " B" 'o
BEING A PORTION OF RANCHO CANADA DE LOS VAQUEROS
SITUATED WITHIN LOT 40 T2S, R2E, M.D.B.&M.
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ASIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983 ZONE 111. ALL DISTANCES ARE GRID.
TO OBTAIN GROUND DISTANCES MULTIPLY EXPRESSED McGILL* MARTIN 9SELF,, INC.
DISTANCES BY 1.0000907. CIVIL ENGINEERING
LAND PLANNING SURVEYING
69 DAVIS ROAD SUITE 200 ORINDA CA 94563
SHEET 2 QF 2
EXHIBIT "C"
BEING A PORTION OF RANCHO CANADA DE LOS VASQUEROS
SITUATED WITHIN LOT 40 T.2S, R2E, M.D.B.&M.
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ASIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983 ZONE III. ALL DISTANCES ARE GRID.
TO OBTAIN GROUND DISTANCES MULTIPLY EXPRESSED McGILL* MARTIN oSELF, INC,
DISTANCES BY 1.0000907. CIVIL ENGINEERING
LAND PLANNING SURVEYING
89 DAVIS ROAD SUITC ZOd'ORINDA CA 94563
SHEET 2 OF 2
EXHIBIT "D11
BEING A PORTION OF RANCHO CANADA DE LOS VAQUEROS r �tiA
SITUATED WITHIN LOT 40 T2S, R2E, M.D.B.&M.
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SIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983 ZONE III. ALL DISTANCES ARE GRID.
TO OBTAIN GROUND DISTANCES MULTIPLY,EXPRESSED MCGILL o MARTIN*SELF, INC,
DISTANCES BY 1.0000907. CIVIL ENGINEERING
LAND PLANNING SURVEYING
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