HomeMy WebLinkAboutMINUTES - 03121996 - C23 4 .'75
6TO: BOARD OF SUPERVISORS Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa
County
DATE: March 6, 1996
rT'9 coUN"�
SUBJECT: LEGISLATION: SB 1565 (Senate Committee on Local Government) -
BOUNDARY CHANGE BETWEEN ALAMEDA AND CONTRA COSTA
92 SPECIFIC REQUEST ) DATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
AGREE to CO-SPONSOR SB 1565, authored by the Senate Local Government
Committee, which, among other things, corrects an error in the description of the
boundary between Alameda and Contra Costa Counties made last year as a result
of the Vasco Road boundary change.
BACKGROUND:
In 1995, the Board of Supervisors co-sponsored a measure with Alameda County
which adjusted the boundary between Alameda County and Contra Costa County to
account for the Vasco Road adjustment requested by the Contra Costa Water
District as a part of the Los Vaqueros Reservoir project. That legislation passed and
was signed into law by the Governor. It has been discovered that a minor error was
made in the description of the boundary between the two counties which now needs
to be corrected. As a result, Alameda County has initiated legislation in the form of
a local government clean-up bill through the Senate Local Government Committee
to correct this error and make other non-controversial changes in law relating to local
governments.
In view of the fact that the Board of Supervisors originally co-sponsored the
legislation last year, it seems appropriate for the Board to again co-sponsor
legislation to correct the minor error which was made.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X'APPROVE OTHER
SIGNATURE(Sl:
ACTION OF BOARD Owareh-1,2, 49DfS APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT #3 ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: �.TAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Assessor
Director of Community Development ATTESTED March 12, 1996
Contact: Public Works Director PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: County Counsel SUPERVISORS A D COUNTY ADMINISTRATOR
Les Spahnn; Heim, Noack, Kelly&Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814 BY DEPUTY
SENATE BILL No. 1.565
Introduced by Committee on Local Government (Senators
Craven (Chairman), Ayala, Calderon, Johnston, Kopp,
Rosenthal, and Russell)
February 15, 1996
An act to amend Section 23101 of, and to amend and
renumber Section 12467 of, the Government Code, to amend
Section 11011. of the Streets and Highways Code, and to
amend Section 32551, of the Water Code, relating to local
agencies. .
LEGISLATIVE COUNSEL'S DIGEST
SB 1565, as introduced, Committee on Local
Government. Local agencies.
(1) Existing law contains a reference to the Street Opening
Act of 1903, which has been repealed.
This bill would delete a reference to that act.
(2) Existing law describes the boundaries of each county in
the state.
This bill would revise the description of the boundaries of
Alameda County, as specified.
(3) Under existing law, there are obsolete cross references
in provisions governing reclamation districts conducting
all-mailed ballot elections.
This bill would revise those references to reflect existing
sections of the Elections Code and would make a clarifying
change.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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SB 1565 — 2 '
The people of the State of California do enact as follows.
1 SECTION 1. This act shall be known and maybe cited
2 as the Local Government Omnibus Act of 1996.
3 SEC. 2. (a) The Legislature finds and declares that
4 Californians desire their governments to run efficiently
5 and economically and that public officials should avoid
6 waste and duplication whenever possible. The
7 Legislature further finds and declares that it desires to
8 reduce its own operating costs by reducing the number
9 of separate bills affecting related topics.
10 (b) Therefore,in enacting this act,it is the intent of the
11 Legislature to combine several minor, noncontroversial
12 statutory changes relating to public agencies into a single
13 measure.
14 SEC. 3. Section 12467 of the Government Code is
15 amended and renumbered to read:
16 12467.
17 12468. The Controller shall regularly audit the
18 apportionment and allocation by counties of property tax
19 revenue pursuant to this chapter,in accordance with the
20 following schedule:
21 (a) For counties with population in excess of 5,000,000
22 the audit shall be performed annually.
23 (b) For counties with population greater than 200,000
24 and less than 5,000,000, the audit shall be performed on a
25 three-year cycle.
26 (c) For counties with population 200,000 or less, the
27 audit shall be performed on a five-year cycle.
28 (d) The Controller may, at his or her discretion,
29 perform audits more frequently than provided in
30 subdivisions (b) and (c).
31 (e) The Controller shall annually submit a report to
32 the Legislature containing a description of the audit
33 findings for each county that was audited during the prior
34 year. The report shall contain recommendations to the
35 Legislature for legislation to correct any errors in the
36 apportionment and allocation of property tax revenues
37 that were determined as a result of these audits.
99
-3 — SB 1565
1 SEC. 4. Section 23101 of the Government Code is
2 amended to read:
f 3 23101. The boundaries of Alameda County are as
4 follows:
5 Beginning at the southwest corner,being the common
6 corner of San Mateo, Santa Clara, and Alameda; thence
7 easterly along the northerly boundary of Santa Clara to
8 the corner common to Santa Clara, San Joaquin,
9 Stanislaus and Alameda; thence northwesterly and
10 northerly along the boundary line between Alameda and
11 San Joaquin, as described in the field notes of the survey
12 of said line, as adopted by the Board of Supervisors of
13 Alameda County, California, on February 6, 1869, to the
14 corner common to Alameda, Contra Costa and San
15 Joaquin; thence in a general westerly direction along the
16 boundary line between Alameda and Contra Costa, as
17 described in the field notes of the survey of said boundary
18 line,filed November 19, 1877,in the office of the Clerk of
19 Alameda County, to the intersection thereof with the
20 generally most southern line ofParcelI(R/W) ofexhibit
21 `B" of the FINAL ORDER OF CONDEMNATION to
22 Contra Costa County Water District, an agency of the
23 State of California, as recorded December 3, 1993, under
24 Series No. 93425262 Official Records Alameda County,
25 California; said intersection point being northeasterly
26 12,512 feet, more or less, from County Boundary
27 Monument 89-1, as shown on `;joint Boundary
28 Retracement Survey Alameda and Contra Costa
29 Counties Monument Map, Exhibit 3," dated February
30 1962 and filed under Alameda County file no. 64-A-29-1;
31 thence southerly, westerly, and north westerly along said
32 most southern line to the reintersection with the
33 aforementioned boundary line between Alameda and
34 Contra Costa, said reintersection point being
35 northeasterly 10,353 feet, more or less, from County
36 Boundary Monument 89-1; thence .westerly along said
37 boundary line between Alameda and Contra Costa to its
38 intersection thereof with the northeastern line of a
39 12-foot path, said intersection being on the corporate
40 limits of the City of Oakland as said limits were
99
SB 1565 — 4-
1 established by Ordinance No. .1132, changing said limits,
2 adopted May 14, 1991, by the city council of said city;
3 thence northerly and northwesterly along said
4 northeastern line and corporate limits from a tangent
5 which bears north 28*4322" east, on a curve to the left
6 having a radius of 71 feet and are length of 85-47 feet to
7 a point of compound curvature; thence from a tangent
8 which bears north 40'25' west, on a curve to the left
9 havinga radius of306feetandarc length of 121.06feet to
10 a point where said northeastern line, being also said
11 corporate limits,intersects the northern An e of Villan o va
12 Drive, 50 feet wide; thence continuing northwesterly
13 along said northern line, being also said corporate limits,
14 from a tangent which bears north 7'48'59" west, on a
15 curve to the left ha wing a radius of200 feet and are length
16 241.06 feet; thence north 7652'30" west 133.94 feet;
17 thence tangent to the last mentioned course, on g curve
18 to the right ha ving a radius'of 175 feet and are length of
19 131.97 feet to a point of reverse curvature; thence from
20 a tangent which bears north 33'40' west on a curve to the
21 leftha wing radius of200feet and arc length ofl51.33feet
22 to the intersection of said northern line, being also said
23 corporate limits, with the corporate limits or"the City of
24 Oakland, being also the common boundary of Alameda
25 and Contra Costa Counties, as same existed prior to
26 Ordinance No. 1132; thence continuing westerly along
27 said boundary line between Alameda and Contra Costa
28 to the most westerly point where said line is coincident
29 with the line dividing the Rancho San Pablo from the
30 Rancho San Antonio; Thence westerly along the
31 northerly boundary line of the Rancho San Antonio to the
32 3 1 d-leT-e4' with the c s 56uthe--Ift
33 Iffie, of Pftyeel I +POW+ ef e*h-kmt f! Of tae FINAL
34 ORDER OF to C-Jerttx-a Ge5-tft Ge"ftty
35 Water EWA14et-, ftp ag,&R � of tkc- �t+-- ef G�et , f"s
36 ef�j ffpae 3; V33 n4N9342
37 2Q
Offiei-alReeer-45 Alaft',--& GOth*-, GahfeFffi0--, !Rftid
38 peiftt beiftg f"O �t4 =42 &-et, fRO
39 eT- le"; fileff, the Ger= 891-17, fts
99
— 5 — SB 1565
1 Aftd Gemma Geste des 3='
2 Elated Februar-y, 4962 aftd fi4ed under
3 €ile fto: 641-A/294-, # ertee seam y; westerly,; erftd
4 ftafthwester4y alefrg sai4 e3estsouther-tt lifte to the
5 . ter-seet of the eer-tlier-ly bettftdarr�
6 li-tte e€the 44a�Saft Nettie;said- n ter-...et ~ pei3t
7beittg n--
o-`` =ester , 10,353 feet-,more eT-less;
8 �a� Mit 89/4; theftee western alotrg said
9 litte of the Rattehe gftft Bettie to i-s
10 me-sect o„ thefe4 with the --theaste life of a
11 12/feed , said ftte-seetie beiiig ett the e�
12 littti-ts of Ote Gitt of Oakland as said limits were
13 Alred by 9- e Nor. 143-2-, ehetftgieg said litttits;
14 adopted Mfty -1-4; 4.994; bj� the ek-f eoutteil e€ said eit-y
15 thef-tee fte er-l-y attd ne--}h..,,.,,,-er4 , aleffg said
16 ftet:theaste litre oiid eofp� lifftiis €rear a iatrgett
17 wh4eh bears ttepl3 28°43�129" east; ort a ettrrve ie the le€i
18 haviffg a radices of 74 feet aed are length of 8,5:47- €eei to
19 a pei-r+ e€ eoorpottftd eufyrc thettee fi43-m a tange-m+
20 wh�eeh beaus eek 4W25-' west of e, ettrN,e to the left
21 lag a raditts of 396 feet-aed are length of 421:86 feed to
22 a poiftt whe-r-e said rtor heaAem lime; being also said
23 eefpefate hR4ts;=tom see,;the oertker- lirre of Villatiev
24 50 fee wi&e; theffee eetttiffu4ffg wester
25 ale"ffftd nerfl-,eft betftg also seA eerpefate limos;
26 f a tangent whieh bear-s tter-t 7°484W= west; oo a
27 ettr-ee to the left hftv4ng a r ditts of 200 feet ftftd are lettgth
28 of 244-86 feed; thettee fer4h W6W30-' we-A 433-94 feet;
29 dieeee#fang + te the Iasi ffiefttiefted eetttse;oft a etti tee
30 t-e the figh-t hw,4ftg a ffAiias of 4-75 €ee+ and are length
31 feel to a poin+ of ase ; wee &Offi
32 a taegeo whieh beaus fter-th 33°48'west ett a etrr--ee to the
33 left hayiog a=adios of 290 feet a d are leftgth of 44+-.aa feet
34 to the e€said nor-ther-ti lid beiftg alse said
35 eort)erate liras; with the eefpofftke lits of the Gita 0f
36 lam; beittg also the eoo ti;n r bs � of Mamie&
37 and Goefft-r-a Go4a Gert, os sage emis#ed pier to
38 8rA�ft&nee fie:4 ;saideetion being a peitA ift the
39 alarexz haft— e� o � beundftry lite e€ the Rftftehe
40 Sae otrio; then-n- eeft4nu4pig wester 53 ales said
99
SB 1565 — 6-
1 tier-therly R-fte to Otee initial point of the description
2 thereof, as recorded in Liber "B" of patents, page 30,
3 records of Alameda County; thence southwesterly in a
4 direct line to a point in San Francisco Bay, said point
5 being four and one-half statute miles due southeast of the
6 northwest point of Golden Rock (also known as Red
7 Rock); thence southeasterly in a direct line to a point
8 from which the lighthouse on the most southerly point of
9 Yerba Buena Island bears south 72 degrees W.,4,700 feet;
10 thence southeasterly in a direct line to a point on the
11 southerly line of T. 2 S., R. 4 W., M. D. B. & M., distant
12 thereon two statute miles west of the southeast corner of
13 said township, forming the corner common to San
14 Francisco,San Mateo and Alameda;thence southeasterly
15 along the eastern line of San Mateo to the place of
16 beginning.
17 SEC. 5. Section 11011 of the Streets and Highways
18 Code is amended to read:'
19 11011. "Vehicle Parking District Law of 1943" means
20 the Vehicle Parking District Law of 1943, Part 1
21 (commencing with Section 31500) of Division 18 of the
22 Streets and Highways Code, as that statute existed on
23 December 31, 1973. FeT- the pttrpeses of this see4en,
24 Y-efeyenees in the Vehiele Paf k4ttg Distrriet Lftw of 44U to
25 the Street Opening Aret of 1909 meaft the Street Opeftittg
26 Acet of 490a; F&A 4 {eeffffftetteiffg with .Seetieit 4000} of
27 Divisiett 6 of the Streets ftffd Highweefs Gede, as flifft
28 stertete emir ted oft Deeefftber- 3-h 4073-.
29 SEC. 6. Section 32551 of the Water Code is amended
30 to read:
31 32551. The procedure for such annexation shall be the
32 same as the procedure for annexing land to a district set
33 forth in Chapter 2 (commencing with Section 56310)
34 57075) of Part 5 4 of Division 4. 3 of Title 6 5 of the
35 Government Code,without the preliminary proceedings
36 provided in P- et 4 Chapter 5 (commencing with Section
37 56258}56825) of said Di-oisiett 1 Part 3 ofDi vision 3,of Title
38 5.
0
99