Goodwin v. Alameda County Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief
Public Court Documents
March 28, 1984

Cite this item
-
Brief Collection, LDF Court Filings. Goodwin v. Alameda County Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief, 1984. cc36b4b9-b39a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ecdb8661-8a07-4ee7-acb2-2fa637654ba4/goodwin-v-alameda-county-petition-for-writ-of-mandate-and-complaint-for-declaratory-and-injunctive-relief. Accessed May 04, 2025.
Copied!
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BILL LANN LEE MARILYN 0. TEASAURO JOCELYN D. LARKIN JOHN R. PHILLIPSCenter for Law in the Public Interest 10951 W. Pico Blvd., Third Floor Los Angeles, California 90064 (213) 470-3000 HENRY S. HEWITT ROBERT ATKINSERICKSON, BEASLEY & HEWITT 12 Geary St., 8th Floor San Francisco, CA 94108 (415) 781-3040 Attorneys for Petitioners and Plaintiffs S M DOI s STi D P I L E D m 3o w R E N E C. D A V ID S O N , County Cleric By Peggy Waller Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA - 5 8 J 5 4 r~'iGLINNES GOODWIN, and FRAN WHITE, Petitioners and Plaintiffs, vs. COUNTY OF ALAMEDA; BOARD No. PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF [CCP 525, 526, 1060 and 1085] OF SUPERVISORS OF THE COUNTY OF ALAMEDA; DON EXCELL, CHARLES SANTANA, FRED COOPER, JOSEPH BORT and JOHN GEORGE; REGISTRAR OF VOTERS OF THE COUNTY OF ALAMEDA; and DOES 1-20 inclusive, Respondents and Defendants. 7 Petitioners and plaintiffs allege: INTRODUCTION 1. This action challenges the legality of the redistricting plan for Alameda County supervisorial districts, Ordinance 83-077, which was adopted on October 11, 1983 ("the -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 redistricting plan") by the Board of Supervisors of Alameda County ("Board"). Petitioners and plaintiffs — black County residents, taxpayers, and registered voters — assert that the Board gerrymandered certain supervisorial districts with the purpose and effect of discriminatorily denying portions of the County's black population their right to an equal and undiluted vote as guaranteed by the equal protection clause, Article 1, § 7 of the California Constitution. Specifically, the Board altered District 3, where many black voters reside, by eliminating precincts with predominantly black populations and adding a large number of virtually all white precincts. As a result, the black population of the district was reduced 11% from approximately 42% to 31% while the white population was increased 14% from approximately 38% to 52%. These changes were not necessary to equalize the population of the districts or to accomplish any other legitimate purpose. Petitioners and plaintiffs, therefore, request that the court issue a writ of mandate, pursuant to C.C.P § 1085, directing respondents to rescind the discriminatory redistricting scheme and to promulgate a reapportionment plan that satisfies the requirements of the Constitution. Petitioners and plaintiffs also request that the court declare the 1983 redistricting plan invalid, pursuant to C.C.P. § 1060, and enjoin its use in all future supervisorial elections including the supervisorial election scheduled for June 5, 1984, pursuant to C.C.P. §§ 525 and 526. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PARTIES 2. Petitioner and plaintiff Glinnes Goodwin is a black resident, taxpayer, and registered voter in District 3 of the County of Alameda as presently drawn and as drawn prior to the 1983 redistricting plan. 3. Petitioner and plaintiff Fran White is a black resident, taxpayer, and registered voter in District 3 as presently drawn and as drawn prior to the 1983 redistricting. 4. As residents, taxpayers and registered voters in Alameda County, petitioners are directly and beneficially interested in the vindication of their constitutional right — and the right of their neighbors and the black community — to an equal and undiluted vote in supervisorial elections, and in the preservation of the integrity of the electoral process. Petitioners, furthermore, are directly and beneficially interested in securing respondents' faithful performance of their legal duty to adopt a redistricting plan that neither is intended to discriminate on the basis of race nor results in racial discrimination in violation of Article 1, § 7 of the California Constitution. 5. Respondent and defendant COUNTY OF ALAMEDA ("the County") is a governmental entity duly organized and existing under the Constitution and laws of the State of California. Among the official governmental functions performed by the County are the establishment, maintenance, regulation and supervision of all county elections and procedures related thereto, including the reapportionment of supervisorial districts, consistent with -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Constitution and the laws of the State of California. 6. Respondent and defendant BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA constitutes the legislative body of the County responsible for establishing, maintaining, regulating and supervising all County elections and procedures related thereto, including the reapportionment of supervisorial districts, consistent with the Constitution and the laws of the State of California. 7. Respondents and defendants Don Excell, Charles Santana, Fred Cooper, Joseph Bort and John George are members of the Board of Supervisors of Alameda County. Each is sued in his official capacity. 8. Respondent and defendant REGISTRAR OF VOTERS is the agency of the County responsible for supervising and administering the County supervisorial primary and run-off elections, consistent with the Constitution and the laws of the State of California and the County Charter. 9. Petitioners are ignorant of the true names and capacities, whether individual, corporate, associate or otherwise, of the respondents and defendants fictitiously named herein as DOES 1-20. Petitioners therefore sue these respondents and defendants by fictitious names, and will seek leave to amend this petition and complaint to show their true names and capacities when the same have been ascertained. Petitioners are informed and believe and thereon allege that each of the fictitiously named defendants is responsible for supervising or administering County elections and procedures related thereto, including reapportionment of supervisorial districts, and that -4- each is responsible for the illegal actions alleged herein. FIRST CAUSE OF ACTION (Writ of Mandate) 10. Petitioners reallege and incorporate herein by reference the allegations contained in paragraphs 1 through 9. 11. County supervisors are elected from five geographic districts for staggered terms of four years. The next supervisorial election is scheduled for June 5, 1984 for seats in Districts 1, 4 and 5. 12. The last reapportionment of supervisorial districts prior to the 1983 redistricting occurred in 1981 (Ordinance 81-64). (A map showing the districting created by that ordinance is attached hereto as Exhibit A and is incorporated by reference.) This reapportionment was required by Elections Code § 35000 et seq. following the decennial federal census. 13. Prior to the 1983 redistricting, District 3 had encompassed parts of the City of Oakland that include predominantly black neighborhoods. District 3 had the largest black population of the five supervisorial districts, both as an absolute number and as a proportion of district population. For many years, District 3 has been represented by Fred Cooper, who is white. In both the 1978 and 1982 elections, black candidates ran against Cooper. In the June 1982 supervisorial election, Sandre Swanson, a black candidate, and C.J. "Chuck" Corica, a white candidate, opposed Cooper. Swanson received 37.6% (14,361) of the votes cast, Cooper received 31.5% (12,018), -and Corica received 30.9% (11,776) . Because the County requires a majority -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vote for election, a run-off was held between Cooper and Swanson in November 1982. In that election, Cooper received 52.6% (28,634) and Swanson received 47.4% (25,770) of the votes cast. Cooper's margin of victory was only 2,864 votes. 14. In early spring 1983, prior to any official consideration of redistricting by the Board, Supervisor Cooper requested that the Planning Department provide estimates of population in each supervisorial district by race. These estimates were provided to Cooper by the Planning Department on or about March 11, 1983 with copies to the other members of the Board. 15. Thereafter Supervisor Cooper's office prepared and submitted a redistricting proposal that was included in the redistricting plan that was ultimately adopted by the Board, as hereafter alleged. 16. On October 4, 1983, the Board introduced for first reading and vote Ordinance 83-077. The ordinance set forth a redistricting plan that was ostensibly designed only to equalize the population of the supervisorial districts, but that also drastically affected the racial makeup of District 3. The proposed maps for the new district boundaries were not distributed to cities and other County organizations until one week before the first reading. The redistricting plan was introduced for first reading without any prior public hearing. The only public hearing on the plan occurred as part of the October 4th Board meeting. At this hearing, virtually all speakers asked for more time for public participation. Specific questions were asked and comments were made about the sharp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 decrease proposed in the black population of District 3. However, the Board ignored the concerns expressed and, instead, voted 4 to 1 to adopt the redistricting plan without material change. The one negative vote was cast by Supervisor John George, the only black supervisor, who had earlier in the debate expressed concern about the impact on blacks and had tried unsuccessfully to delay a vote and create a task force to study the matter. 17. On October 11, 1983, at the second reading, the Board again voted in favor of Ordinance 83-077. The ordinance went into effect 30 days later. (A copy of the Ordinance 83.077 and Map "A" are attached hereto as Exhibits B and C respectively and incorporated herein by reference.) 18. The following data demonstrate the effect which the 1983 redistricting plan had on the population of District 3. (a) The racial composition of District 3 before the 1983 redistricting, according to the U.S. Census Bureau and the Alameda County Planning Department, was as follows: Race Percentage Number Black 42.3 93,390White 38.8 85,663Asian 9.7 21,416Nat. Amer. .8 1,766Other .8.4 . . 18,54$ Total 100 220,781 (b) The racial composition of District 3 after the 1983 redistricting, according to the Alameda County Planning /// /// -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department, is as follows: Race Percentage Number Black 31.3 71,587White 52.0 118,-865Asian 7.8 17,880Nat. Amer. .8 1,824Other ... 8.2 ___LS..597 Total 100 228,753 (c) The redistricting resulted in a net loss to District 3 of almost a quarter of the black population of the district. (d) The percentage of blacks in District 3 dropped 11% from approximately 43.3% to approximately 31.3% as a result of the redistricting. (e) The redistricting resulted in a net gain to District 3 of approximately 32,000 white residents, an increase in the white population of approximately 40%. (f) A white majority of approximately 52% was created as a result of the redistricting. Prior to redistricting, whites constituted only 38.8% of District 3's population while blacks made up 42.3%. 18. The population growth, which ostensibly necessitated adjustment of the supervisorial districts, occurred in Districts 1 and 2 in the southern part of the County. Districts 3, 4 and 5 each needed population added to them in order to equalize the population of the districts. District 3 required an increase of approximately 8000 residents. The Board achieved this relatively small net population gain through a series of convoluted population shifts which had the purpose and effect of gerrymandering District 3 and diluting black voting strength. -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The nature and effect of the Board's actions is shown by the follow ing: (a) Since both District 3 and District 4 needed an increase in population to achieve population parity-, a transfer of population between these districts was not necessary either to equalize the populations of the supervisorial districts or to achieve any other legitimate purpose. Despite this fact, the Board transferred 30 predominantly black Oakland precincts from District 3 to District 4, and transferred 25 virtually all white San Leandro precincts from District 4 to District 3. The adverse effect on black voters created by this transfer of 55 precincts between Districts 3 and 4 was compounded by the movement of largely white precincts from District 2 to District 3. (b) The unnecessary transfer of precincts between Districts 3 and 4 were fully half of all precincts transferred from one supervisorial district to another under the 1983 redistricting. (c) If the actual net gain in population of 7972 had been achieved by moving only whites into District 3 and no other change had been made in the district's population, the percentage of whites would only have increased from 38.8% to 40.9%, and the black percentage would only have decreased from 43.3% to 40.8%. Thus, a redistricting scheme designed solely to equalize populations among the districts would not have had a substantial adverse effect on black voting strength. (d) The transfer of precincts between District 3 and District 4 submerged the blacks remaining in District 3 into a majority white district. The transfer also diluted the voting -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 strength of black residents of the precincts that were moved into District 4. As part of District 4, these black citizens are now in a district that is two-thirds white; prior to the redistricting they were part of a district that was 42.3% black. As a result of the fracturing of the black community of old District 3, the ability of black leaders to campaign and mobilize the black population is diminished since two supervisorial campaign efforts, not one, will be required. (e) The 1983 redistricting resulted in District 3 taking on an uncouth configuration. Precincts were gouged out of two sections of District 3 adjacent to the eastern boundary between District 3 and 4, and moved to District 4. As a result, the northeast edge of District 3 was changed from the MacArthur Freeway, Interstate 580, a natural boundary, to a jagged line cutting along residential streets though the black community. At another section, MacArthur Boulevard, a major street, was replaced as a boundary line by an irregular stair step. In the southern part of District 3, precincts from San Leandro (a separate city) which formerly had been contained entirely within District 4 were split off from District 4 and added to District 3. Unincorporated areas of the County were also added to District 3 in the south, including virtually all white precincts, which form a triangular island connected to District 3 by only a narrow corridor and otherwise noncontiguous. (f) The 1983 redistricting plan removed several black leaders and politicians from District 3 who had opposed Supervisor Cooper. This was accomplished by transferring the precincts in which these black leaders reside. The black 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 politicians removed from District 3 include Leo Bazille and Sandre Swanson, the candidates who ran against Cooper in 1978 and 1982 respectively. 20. The Board rejected alternative redistricting plans which would have equalized the population of the supervisorial districts without denying petitioners and similarly situated black citizens their right to an equal and undiluted vote. 21. The Board's intentional gerrymandering of District 3 had the purpose and effect of reducing petitioners' voting strength. The Board's adoption of the 1983 redistricting plan therefore denied petitioners their right to the equal protection of the laws as guaranteed by Article 1 § 7 of the California Constitution. 22. Having undertaken to redistrict District 3 and adjoining supervisorial districts pursuant to Elections Code § 35003, respondents have a clear present mandatory legal duty to adopt a redistricting plan that does not violate Article I § 7 of the California Constitution. Respondents have the present ability and legal authority to perform this duty. 23. A demand has been made to the Board that it adopt a redistricting plan that is in accordance with the California Constitution. The Board has refused to adopt a new plan. 24. Respondents' actions described above constitute an illegal waste of public funds. 25. Respondents' use of an illegal redistricting plan has caused and will cause petitioners irreparable injury for which they have no plain, speedy or adequate remedy at la». -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND CAUSE OF ACTION (Declaratory Relief) 26. Petitioners reallege and incorporate herein by reference the allegations contained in paragraphs 1 through 25. 27. There is a dispute between petitioners and respondents regarding the duties and responsibilties of respondents under Article I, § 7 of the California Constitution in that: (a) Petitioners contend that the 1983 redistricting plan has the purpose and effect of gerrymandering District 3 and diluting petitioners' vote and the vote of similarly situated black citizens; (b) Petitioners are informed and believe and on that ground allege that respondents contend in all respects to the contrary. THIRD CAUSE OF ACTION (Inj unction) 28. Petitioners reallege and incorporate herein by reference the allegations contained in paragraphs 1 through 25. 29. Respondents are presently preparing for and will administer the supervisorial election scheduled for June 5, 1984 based upon the district boundaries established by the 1983 redistricting plan. Petitioners are further informed and believe that respondents plan to administer supervisorial elections after June 5f 1984 based upon the boundaries established by the 1983 redistricting plan. For the reasons stated above, the use of these boundaries in the June 5, 1983 election and in subsequent - 1 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 elections will deprive petitioners of their constitutional right to an equal and undiluted vote. PRAYER FOR RELIEF WHEREFORE, petitioners and plaintiffs pray for judgment as follows: 1. On the First Cause of Action, that this Court issue alternative and peremptory writs of mandate commanding respondents County of Alameda and the Board of Supervisors of Alameda County forthwith to comply with their legal duty to restore to District 3 the black community discriminatorily gerrymandered out of District 3, and to assure that any revised redistricting plan results in an equal distribution of population among the districts without diluting the voting strength of any racial or ethnic minority, in accordance with the requirements of Article I, § 7 of the California Constitution; 2. On the Second Cause of Action, that this Court declare that the 1983 redistricting plan is illegal and in violation of Article I § 7 of the California Constitution; 3. On the Third Cause of Action, that this Court issue a preliminary and permanent injunction enjoining respondents from enforcing, administering or otherwise implementing in any fashion the 1983 redistricting plan, including its use in the June 5, 1984 supervisorial primary and any and all future supervisorial elections; 4. On each and every and all Causes of Action, that this Court grant petitioners and plaintiffs reasonable attorneys' fees and their costs, including out-of-pocket expenses; and -13- 5. On each and every and all Causes of Action, that this Court grant such other and further relief as the Court may deem just and proper. Dated: March 28, 1984 Robert Atkins Attorneys for Petitioners 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I, the That I true of my own my information to be true. undersigned, declare: am a party to the within matter; the foregoing is knowledge, except for the matters set forth upon or belief, and as to such matters I believe them I declare under penalty of perjury that the foregoing is true and correct. Executed __, 1984 , at ---- ______________________f Ceilirornia. 7 FRAN WHITE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V E R I F I C A T I O N I, the That I true of my own my information to be true. undersigned am a party knowledge, or belief, , declare: to the within matter; except for the matters and as to such matters the foregoing is set forth upon I believe them I declare under penalty of perjury that the foregoing is true and correct. Executed '~'7rf J7 1984, at l2jl ___ , California. SUPERVISORIAL DISTRICTS OF ALAMEDA COUNTY I ' W SUPENVISOKIAl OISTMCT ill •*'#! porl>on OI in# Count, I»* Airmad* *lhiK hat AAtl#My oI a ompr.s.nfl in* d.i#CI produO.on SCuin»«tl#M, 0I St«»*nson •A'd. Slc.«n5 ,n Bou.A.ard N.m.u *'##•#, A..#/Ado BoviA.ard. Q <b**d-ng in* C.ly Ol f'#mom bom in# C-ly o' Un.on C>iy. in# Ci (•inonl boundary ho# lh# M#»n.ngion Pleasanton loantn.p hn* * P‘«a»anion E J#n To*n*n.p tio# C 0 •* SECOND SWPCftVtSORUl OISTAICI All mat Pvxl-un O' Ed#n Tuan»n>p #..J an ol that pod .on ol *̂**,,nB***n To»ntn.p bounded by • lin# comprising in# j,i#ki pioduv. U)" souin*#iia<i, cl Si*>#n»on Boui#ta/J Sl#»#nson 8out«.#/a. N*m>w FiH aty. A .at ado Boul#«#'d. in# l.o# Cnr.d.ng in# C>i» ol ft#- mom iiom in# C.ly ol Un.onC.iy in# C.iy ol fiamom bounoa.y i.n*. in# A#»n,ogioo Pi##s#mon Toansh.p i,o# in# £o#o Pt*A»amon loensh.p lin# (■«••<! bao lo in# g#n#(#i aouin«All#>iy boundary lm# ol Casbo v#ll#y County f i t t P>ci#cion D.Sliitt tail t#.d OduudAJy l.o# lo ill moil fast#Iiy int#cs«Cl.on a.th in# g#n#ra> n-»|h#.ly C.ly Ol M#, *#. j bO«no#f> l.o# M ul JuO# JO IWI MSI tarn bound#,, bn# lo .Is most norm#.., .m#*»«ro.on ».m Eootn.ii Bou'#.a<u Eouin.n Uoui#»#.d. ’ iOin A>#nu«. in# g#n#.#i «asr• >ir #»o gcn#<#i >uuin#.ir C-ly o' S*o L«#no.o boundary l.n«s in# boundary I.o# d.».d.ng in# c.ly 0> Ha,aa<d irom in# C'ly Ol Oakland. and in# g#n#i#i towin«#»|#riy bOunOAMr i.o# Ol lh# County ol Alameda In# bound#'.# TMIAO SuPENVISONlAt OtifAiCI #.#i J.si' ci snail loo.p. j# in# bound#/y i.n« o.*>d>ng in# C.ly ol H«y*#<d bum in* C*iv — Ojh.u'.d in# DjundAfy lm# d.»m.ng in#C'ly •• Oakland Lorn in# C.ly ol Sin L##nj.o in# ccni#.lin#s ol M#oA.inw, Boui«.Aid. Volh A,#nu# C#.i.d«n A.#r.u« Ar*nu* Uo>.l«#»e A.#.iu* W»g.n.# A»*nu#. H.gn i l it t l B'oo»d# « A.*no# 3Mn A.«^v, B-ocsj#'# A.cnu# Capp Sl>e#l. N.COI A«#Aur. f lu.lt*.# A,#nv« M#uA>Ihui ?>•«•#, l#k#snure *"*"“• '0 II* C#nl*»h.i# Ol ti CmtAi. #d#io « i.n# .„nn.,.g Sowin «»• VV#SI lo 4 po.ni in Lot# U«f..i| on in# a-#*. piodo. ' on »ooin#osi#.i, ul m# c#"l#'i.n# ol P#.k.ns Si'*«i bum it •nt#<s#cbon a.in in# c#nl#'i.n# ol B«.I#.U« A.rnu# U .l »»..) p.W0ul non in# i *nt*«>.nct Ol f>#fh.nt Sl'#«l G'#n«| A.cnutf Mo...sun i'.**i iyin S»#«l Ai.<*bi'*#l in# iwoducnon souin##ti#.iy ul in# c#m#. ...# o' ai.c# &i>u#i io in# bOunO«<y I.I.# d.a.d.n j in# C'ly ol Ai«.n#o« i«om "M C.ly ol C*»l*nd. IASI S#.d bound#', I.n# And in# g#n#tM tO uin##tl#"i bound#/, I.n# ol in# County ol AI#m«UA rouNTH BuPiHvt&oRiAi oisiiucr All ol in# Cily ol Piedmont #no # po't.on o* £d#n Io#nsn.p «no # po.i.on ol 0#M#nd To#r'.sn.p «.. bounded b , a i.n# comp'.tmg in# gm*.Ai no<in#n, bound#', i.n# o' in# Count, ol Aiemed* to in# un# d.od.ng ta*n Toansn.p Iiom Pi«A»#nion To*otn.p. souin#«ly lo £'»«*#, Vtti P|#«#A, S#0 IOin# g#n#'Ai SOuin*#ii#*|, bOundAi, I.n# ol Cusno V#.l#y County Fi># PiolrCl.on D'Sl'KI l»»l %itl boondvy I.n# to ■is n o n Ausleiiy po.ni ol .ni«'s#ct.0n ».in in# g#n#iAl no<in#'i, City ol HAyAAid boundA/y I.n# at o ' dun# JO i*di. lAtl tA d bwnd#/, i.n# i0 •IS most nu'inen, ...irrt#ci.on #.in £ooin..l BOu t.A 'd fooin.ll buul«.#"J £'##»#■> jOO lioin A>#nu# in# g#n«'AI #ASI#'iy #nd in# gAna.Al tJuin.ii, C.ly 0< S#n LCAnd'O bOu»OA/y l.n#s in# D-OundA/, hr»A d.»Kbng in# City ol Gaaiahj bom in# C.ly Ol S*n LCAnd'O in# c# n i.n .i.# t ol Mac Ami.ui BuwK.A'd JMn A,#ntf# Camden A.#nu# B.iOsaII A«#nu«. Monl.ualio A^nu# Vifg.n.# A.#nu«. H.gn Sl(#«l BiuofcdA.# A««nu#. C»pp St'#«t. N.col A«#n#«. FioiIvaI# A.#no# MACA/tnu' PA'k Boul#>A'd G>OS>#no< Pl#C#, Sonnyn.lls Ro*d in# boundary bn# o...d.ng in# C.ly ol OAAiand bom in# Cily ol P.#dmom •#M#»y lo in# c#ni#n.n# Ol Kingston A.#nu# in# C#ni#M.n#s ol Kingston A*#nu# Mom# v.su A»#nu# P.#dmon| A,#nu*. «0m Si'vcl Hoa# Sli#cl 40in Slr##t. BroadaAy. Cob#g# A.#nu# in# boundary i.n# d,„d,ng in# C.ly ol B#»#l^ Irom in# City Ol Oakland and in# general nor I nan, boundary i.n# ol in# County ol H IIH SUPCRVI&ORlAl O.JIKiCI Ah ol in* C>||#S ol AlbAn, B#rk#>#y (m#r,,.n* and a poil.O' Oa*i#no Toans'.'P. all bounded by a I.n# competed o' in# g#na><ai . tn#rl, boundary '.n# ol in# Count, o' Alameda bom US most l#rm.nws lo in# boundary l.n« aoKbng in# C>ly ol 8«>k#l«y I'om in# ly 0/ Oakland las! tad I.n#. in# c#nt«.i.n#s ol Coll#J# A.enu# Bro •ay «0m $k ##i ho## Si>#»i 40m $i.*«i P.#dmom A^<iu« Mo WiSI* A,#«u*. K.ngsipn Ar#nu# in# boundary I.n# d.r.O.ng :n# C'l| OA* And bom in# C-ly •»* Pi#dmom «atl#'iy lo in# c#nl*r|.n# ol S nyn.Hl No#.i m# c#nl#rl.n«s ol SunAyn .it Hoad C'b»»«-iur P.*u« P Bou.#>a/d Mat A'lriji £.#*»#, Lafc#sno># Aier.u# lo in# c#a .•/' ..# Il Emria'taJa.o a i.n# rynn.ng Sowin 4S* m»n io a pom m la»» M nil OA |A* d..#cl pioduCl.on souin*#air"y ol in# c#A|r,i.n# ul P#r« Sl'##l bom .Is .nt#.vaClKtn a.m in# c#m#rl.n« O' B#u#ru# A.cnua i ta*3 P'jdjCl.on in# k#n|#fl.n#S ol P#lk.ns Sbcel. GiamJ A.ynu# r "ton Si.#«i 19m Sli##l. Al.c# Sir#«i in# pioduCl.on SOuina«sl*n, m# C#Al«n.n# ol AIK# l̂r##l lo in# DOwnOary lin# d>».d<ng in# C.ly Ai*m*c# bom in# C.ly ol Oakland last sa<d bn#, and in# g#n« Muina#sl#ny boundary lm# o' in# County ol AlainaUa cxstnicr b g u n o a h .e s a s es ta b lis h ed au g u s t , iwt AUENOEO SEPTEMBER i» i c c H m Ikkf.tlvyA U l compileo *r H. A FLERTZHEIM . j r COUNTY SURVEYOR jANuABf IBB) ORDINANCE NO. 0-83-077 AN ORDINANCE ADJUSTING THE BOUNDARIES OF THE SUPERVISORIAL DISTRICTS OF THE COUNTY OF ALAMEDA AS AUTHORIZED BY ELECTIONS CODE SECTION 35003 AND REPEALING ORDINANCE NO. 81-64 The Board of Supervisors of the County of Alameda, State of California, do ordain as follows: SECTION I Ordinance No. 81-64 establishing the boundaries of the supervisorial districts for the County of Alameda is hereby repealed. SECTION II The boundaries of the first supervisorial district shall comprise all that certain territory in the County of Alameda, State of California, described as follows: All of Murray Township, all of Pleasanton Township, a portion of Washington Township, and a portion of Eden Township, described as follows: COMMENCING at the intersection of the general southerly boundary line of the County of Alameda with the direct production southwesterly of a boundary line dividing the City of Fremont from the City of Newark, which line is described as "the direct production southwesterly of the northwesterly line of County Road No. 1697, commonly known as P.G. & E. Road" (now known as Stevenson Boulevard) in Resolution No. 77752 of the Board of Supervisors of Alameda County, adopted November 3, 1955, and running thence northeasterly along said production and along the boundary line dividing the City of Fremont from the City of Newark to an angle point therein at the southwesterly right-of-way line of State Freeway 04 ALA 17 (Nimitz); thence northwesterly along said dividing line to the most northerly corner of the City of Newark; thence North to a point on the centerline of State Freeway 04 ALA 17 (Nimitz); thence southeasterly along said freeway centerline to the centerline of Decoto Road; thence northeasterly along said centerline of Decoto Road to the centerline of Fremont Boulevard; thence southeasterly along said centerline of Fremont Boulevard to the centerline of Tamayo Street; thence northeasterly along said centerline of Tamayo Street and its direct production northeasterly to the direct production southeasterly of the boundary line dividing the City of Fremont from the City of Union City; thence northwesterly along said direct production southeasterly to said boundary line dividing the City of Fremont from the City of Union City; thence northeasterly along said boundary dividing line to the centerline of Mission Boulevard; thence in a general easterly direction along said centerline of Mission Boulevard and along the centerline of Morrison Canyon Road to the easterly boundary line of the City of Fremont; thence northerly along said easterly boundary line to the centerline of Niles Canyon Road; thence easterly along said centerline of Niles Canyon Road to the boundary line dividing Pleasanton Township from Washington Township; thence northwesterly along said township dividing line and continuing in a general northwesterly direction along the line dividing Eden Township from Pleasanton Township to the general northerly boundary line of the County of Alameda; thence southeasterly and northeasterly, along said general northerly boundary line to the general easterly boundary line of the County of Alameda; thence in a general southerly direction and in a general westerly direction along said general easterly boundary line and along the general southerly boundary line of the County of Alameda to the point of commencement. EXHIBIT 6:1 * . I ( ' SECTION III The boundaries of the second supervisorial district shall comprise all that certain territory in the County of Alameda, State of California, described as follows: A portion of Eden Township, and a portion of Washington Township described as follows: COMMENCING at the intersection of the general southerly boundary line of the County of Alameda with the direct production southwesterly of a boundary line dividing the City of Fremont from the City of Newark, which line is described as "the direct production southwesterly of the northwesterly line of County Road No. 1697 , commonly known as P.C. & E. Road" (now known as Stevenson Boulevard) in Resolution No. 77752 of the Board of Supervisors of Alameda County, adopted November 3, 1955, and running thence northeasterly along said production and along the boundary line dividing the City of Fremont from the City of Newark to an angle point therein at the southwesterly right-of-way line of State Freeway 04 ALA 17 (Nimitz); thence northwesterly along said dividing line to the most northerly corner of the City of Newark; thence North to a point on the centerline of State Freeway 04 ALA 17 (Nimitz); thence southeasterly along said freeway centerline to the centerline of Decoto Road; thence northeasterly along said centerline of Decoto Road to the centerline of Fremont Boulevard; thence southeasterly along said centerline of Fremont Boulevard to the centerline of Tamayo Street; thence northeasterly along 6aid centerline of Tamayo Street and its direct production northeasterly to the direct production southeasterly of the boundary line dividing the City of Fremont from the City of Union City; thence northwesterly along said direct production southeasterly to said boundary line dividing the City of Fremont from the City of Union City; thence northeasterly along said boundary dividing line to the centerline of Mission Boulevard; thence in a general easterly direction along said centerline of Mission Boulevard and along the centerline of Morrison Canyon Road to the easterly boundary line of the City of Fremont; thence northerly along said easterly boundary line to the centerline of Niles Canyon Road; thence easterly along said centerline of Niles Canyon Road to the boundary line dividing Pleasanton Township from Washington Township; thence northwesterly along said township dividing line and continuing in a general northwesterly direction along the line dividing Eden Township from Pleasanton Township to the intersection of last said dividing line with the centerline of State Freeway 04 ALA 580 (MacArthur); thence in a general westerly direction along said freeway centerline and along the centerline of State Highway 238 to the centerline of Ashland Avenue; thence southerly along said centerline of Ashland Avenue to the centerline of East Lewelling Boulevard; thence easterly along said centerline of East Lewelling Boulevard to the centerline of Meekland Avenue; thence southerly along said centerline of Meekland Avenue to the centerline of the San Lorenzo Creek; thence in a general westerly direction along said centerline of San Lorenzo Creek to the centerline of State Freeway 04 ALA 17 (Nimitz); thence southeasterly along said centerline of State Freeway 04 ALA 17 (Nimitz) to the direct production northeasterly of the centerline of Bartlett Avenue; thence southwesterly along said direct production northeasterly, said centerline of Bartlett Avenue and its direct production southwesterly to the boundary line dividing the City of Hayward from the unincorporated territory known as San Lorenzo; thence in a general westerly direction along said boundary line to a point in San Francisco Bay common to the boundary lines of the City of Hayward, the City of San Leandro and the unincorporated territory known as San Lorenzo; thence continuing in a general westerly direction along the boundary line dividing the City of Hayward from the City of San Leandro to a point in San Francisco Bay common to the boundary lines of the City of Hayward, City of Oakland, and City of San Leandro; thence southwesterly along the boundary line dividing the City of Hayward from the City of Oakland to the general southwesterly boundary line of the County of Alameda; thence southeasterly and easterly along said general southwesterly boundary line and along the aforesaid general southerly boundary line of the County of Alameda to the point of commencement. - 2- EXHIBIT fc '- X (> SECTION IV The boundaries of Che third supervisorial district shall comprise all that certain territory in the County of Alameda, State of California, described as follows: All of Alameda Township, a portion of Eden Township, and a portion of Oakland Township described as follows: COMMENCING at the intersection of the boundary line dividing the City of Hayward from the City of Oakland with the general southwesterly boundary line of the County of Alameda and running thence northeasterly along said dividing line to a point in San Francisco Bay common to the City of Hayward, City of Oakland, and City of San Leandro; thence in a general easterly direction along the boundary line dividing the Hayward and San Leandro city limits to a point in San Francisco Bay common to the City of Hayward, City of San Leandro and the unincorporated area of San Lorenzo; thence continuing in a general easterly direction along the dividing line common to the City of Hayward and said unincorporated area of San Lorenzo to the direct production southwesterly of the centerline of Bartlett Avenue; thence northeasterly along said production southwesterly, said centerline of Bartlett Avenue and its direct production northeasterly to the centerline of State Freeway 04 ALA 17 (Nimitz); thence northwesterly along said centerline of State Freeway 04 ALA 17 (Nimitz) to the centerline of the San Lorenzo Creek; thence in a general easterly direction along said centerline of San Lorenzo Creek to the centerline of Meekland Avenue; thence northerly along said centerline of Meekland Avenue to the centerline of East Lewelling Boulevard; thence westerly along said centerline of East Lewelling Boulevard to the centerline of Ashland Avenue; thence northerly along said centerline of Ashland Avenue to the centerline of State Highway 238; thence easterly along said centerline of State Highway 238 to the centerline of State Freeway 04 ALA 580 (MacArthur); thence northwesterly along said centerline of State Freeway 04 ALA 580 (MacArthur) to the centerline of 150th Avenue; thence southwesterly along said centerline of 150th Avenue to the intersection thereof with the general easterly boundary line of the City of San Leandro (near Patton Avenue); thence in a general southerly direction along said general easterly boundary line of the City of San Leandro to the centerline of State Freeway 04 ALA 17 (Nimitz); thence northwesterly along said centerline of State Freeway 04 ALA 17 (Nimitz) to the boundary line dividing the City of Oakland from the City of San Leandro (San Leandro Creek); thence in a general northeasterly direction along said boundary line of the City of Oakland and the City of San Leandro to the centerline of East 14th Street; thence northwesterly along said centerline of East 14th Street to the centerline of 94th Avenue; thence northeasterly along said centerline of 94th Avenue to the centerline of Olive Street; thence northwesterly along said centerline of Olive Street to the centerline of 82nd Avenue; thence northeasterly along said centerline of 82nd Avenue to the centerline of MacArthur Boulevard; thence northwesterly along said centerline of MacArthur Boulevard to the centerline of 55th Avenue; thence southwesterly along said centerline of 55th Avenue to the centerline of Camden Avenue; thence northwesterly along said centerline of Camden Avenue to the centerline of Birdsall Avenue; thence northwesterly along said centerline of Birdsall Avenue to the centerline of Monticello Avenue; thence southwesterly along said centerline of Montecello Avenue to the centerline of Virginia Avenue; thence northwesterly along said centerline of Virginia Avenue to the centerline of High Street; thence southwesterly along said centerline of High Street to the centerline of Brookdale Avenue; thence northwesterly along said centerline of Brookdale Avenue to the centerline of 35th Avenue; thence northeasterly along said centerline of 35th Avenue to the centerline of Brookdale Aveni/e; thence northwesterly along last said centerline of Brookdale Avenue to the centerline of Capp Street; thence northeasterly along said centerline of Capp Street to the centerline of Nicol Avenue; thence northwesterly along said centerline of Nicol Avenue to the centerline of Fruitvale Avenue; thence southwesterly along said centerline of Fruitvale Avenue to the centerline of East 27th Street; thence northwesterly along said centerline of East 27th Street to the centerline of 23rd Avenue; EXHIBIT fc.-i ( I(. thence southwesterly along said centerline of 23rd Avenue to the centerline of East 22nd Street; thence northwesterly along said centerline of East 22nd Street to the centerline of 13th Avenue; thence southwesterly along said centerline of 13th Avenue to the centerline of East 14th Street; thence northwesterly along said centerline of East 14th Street to the centerline of 1st Avenue; thence southwesterly along said centerline of 1st Avenue to the centerline of 12th Street; thence northwesterly along said centerline of 12th Street to the centerline of Lake Merritt Canal; thence southwesterly along said centerline of Lake Merritt Canal to the boundary line dividing the City of Alameda from the City of Oakland; thence northwesterly along said dividing line to the aforesaid general southwesterly boundary line of the County of Alameda; thence southeasterly along said general southwesterly boundary line to the point of commencement. SECTION V The boundaries of the fourth supervisorial district shall comprise all of that certain territory in the County of Alameda, State of California, described as follows: All of Parcel 4 (being the City of Piedmont) of Peralta Township, and a portion of Eden Township and a portion of Oakland Township, described as follows: COMMENCING at the intersection of the general northerly boundary line of the County of Alameda with the line dividing Eden Township from Pleasanton Township; thence proceeding in a general southerly direction along said township dividing line to the centerline of State Freeway 04 ALA 580 (MacArthur); thence westerly and northwesterly along said centerline of State Freeway 04 ALA 580 (MacArthur) to the intersection of said freeway centerline with the centerline of 150th Avenue; thence southwesterly along said centerline of 150th Avenue to the intersection thereof with general easterly boundary line of the City of San Leandro (near Patton Avenue); thence in a general southerly direction along said general easterly boundary line of the City of San Leandro to the centerline of State Freeway 04 ALA 17 (Nimitz); thence northwesterly along said centerline of State Freeway 04 ALA 17 (Nimitz) to the boundary line dividing the City of Oakland from the City of San Leandro; thence in a general northeasterly direction along said boundary line dividing the City of Oakland from the City of San Leandro to the centerline of East 14th Street; thence northwesterly along said centerline of East 14th Street to the centerline of 94th Avenue; thence northeasterly along said centerline of 94th Avenue to the centerline of Olive Street; thence northwesterly along said centerline of Olive Street to the centerline of 82nd Avenue; thence northeasterly along said centerline of 82nd Avenue to the centerline of MacArthur Boulevard; thence northwesterly along said centerline of MacArthur Boulevard to the centerline of 55th Avenue; thence southwesterly along said centerline of 55th Avenue to the centerline of Camden Avenue; thence northwesterly along said centerline of Camden Avenue to the centerline of Birdsall Avenue; thence northwesterly along said centerline of Birdsall Avenue to the centerline of Monticello Avenue; thence southwesterly along said centerline of Monticello Avenue to the centerline of Virginia Avenue; thence northwesterly along said centerline of Virginia Avenue to the centerline of High Street; thence southwesterly along said centerline of High Street to the centerline of Brookdale Avenue; thence northwesterly along said centerline of Brookdale Avenue to the centerline of 35th Avenue; thence northeasterly along said centerline of 35th Avenue to the centerline of Brookdale Avenue; thence northwesterly along last said centerline of Brookdale Avenue to the centerline of Capp Street; thence northeasterly along said centerline of Capo Street to the centerline of Nicol Avenue; thence northwesterly along said centerline of Nicol Avenue to the centerline of Fruitvale Avenue; thence southwesterly along said centerline of Fruitvale Avenue to the centerline of East 27th Street; thence northwesterly along said centerline of East 27th Street to the centerline of 23rd Avenue; thence southwesterly along said centerline of 23rd Avenue to the centerline of East 22nd Street; thence northwesterly along said centerline of East 22nd Street to the centerline of 13th Avenue; -4- EXHIBIT e>'- H ( thence southwesterly along said centerline of 13th Avenue to the centerline of East 14th rStreet; thence northwesterly along said centerline of East 14th Street to the centerline of 1st Avenue; thence southwesterly along said centerline of 1st Avenue to the centerline of 12th Street; thence northwesterly along said centerline of 12th Street to the centerline of Lake Merritt Canal; thence northeasterly along said centerline of Lake Merritt Canal and its production northeasterly thereof to the centerline of Lake Merritt; thence northeasterly along said centerline of Lake Merritt to the direct production southwesterly of the centerline of Lakeshore Avenue between El Embarcadero and MacArthur Boulevard; thence northeasterly along said direct production southwesterly and said centerline of Lakeshore Avenue to the centerline of State Freeway 04 ALA 580 (MacArthur); thence southeasterly along said centerline of State Freeway 04 ALA 580 (MacArthur) to the centerline of Park Boulevard; thence northeasterly along said centerline of Park Boulevard to the centerline of Grosvenor Place; thence northeasterly along said centerline of Grosvenor Place to the centerline of Sunnyhills Road; thence northeasterly along said centerline of Sunnyhills Road to the boundary line dividing the City of Oakland and the City of Piedmont; thence in a general northwesterly and general northeasterly direction along said dividing line to the most southerly corner of Mountain View Cemetery; thence in a general northwesterly direction along the southwesterly boundary lines of Mountain View, Jewish and St. Mary Cemeteries, and continuing northwesterly along the southwesterly boundary line of Claremont Country Club to the centerline of Clifton Street; thence northwesterly along said centerline of Clifton Street to the centerline of Broadway; thence southwesterly along said centerline of Broadway to the centerline of College Avenue; thence northerly along said centerline of College Avenue to the boundary line dividing the City of Berkeley from the City of Oakland; thence in a general northerly direction along said dividing line to the aforesaid general northerly boundary line of the County of Alameda; thence in a general southeasterly direction along said general northerly boundary line to the point of commencement. SECTION VI The boundaries of the fifth supervisorial district shall comprise all that certain territory in the County of Alameda, State of California, described as follows: All of Parcel 1 (being the City of Albany), all of Parcel 2 (being a portion of the City of Berkeley), and all of Parcel 3 (being the City of Emeryville), of Peralta Township, and all of that portion of the City of Berkeley not situated in Peralta Township, and a portion of Oakland Township, described as follows: COMMENCING at the most westerly corner of the County of Alameda in the Bay of San Francisco, said corner being the most westerly terminus of the general northerly boundary line of the County of Alameda, and running thence in a general northeasterly and general southeasterly direction along said general northerly boundary line to the boundary line dividing the City of Berkeley from the City of Oakland; thence in a general southerly direction along said dividing line to the centerline of College Avenue; thence southerly along said centerline of College Avenue to the centerline of Broadway; thence northeasterly along said centerline of Broadway to the centerline of Clifton Street; thence southeasterly along said centerline of Clifton Street to the southwesterly boundary line of Claremont Country Club; thence continuing southeasterly along said southwesterly boundary line of Claremont Country Club and the southwesterly boundary lines of St. Mary, Jewish, and Mountain View Cemeteries to the most southerly corner of Mountain View Cemetery, said southerly corner being also a point on the boundary line dividing the City of Oakland from the City of Piedmont; thence southwesterly and southeasterly along said dividing line to the centerline of Sunnyhills Road; thence southwesterly along said centerline of Sunnyhills Road to the centerline of Grosvenor Place; thence southwesterly along said centerline of Grosvenor Place to the centerline of Park Boulevard; thence southwesterly along said centerline of Park Boulevard to the centerline of State Freeway 04 ALA 580 (MacArthur); EXHIBIT thence northwesterly along said freeway centerline to the centerline of Lakeshore Avenue; thence southwesterly along said centerline -of Lakeshore Avenue and the direct production southwesterly of the centerline of Lakeshore Avenue between El Embarcadero and MacArthur Boulevard to the centerline of Lake Merritt; thence southwesterly along said centerline of Lake Merritt to the direct production northeasterly of the centerline of Lake Merritt Canal; thence southwesterly along said northeasterly production and said centerline of Lake Merritt Canal to the boundary line dividing the City of Alameda from the City of Oakland; thence southwesterly and northwesterly along said dividing line to the general southwesterly boundary line of the County of Alameda; thence northwesterly along said general southwesterly boundary line to the point of commencement. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage and before the expiration of fifteen (15) days after its passage it shall be published once with the names of the members voting for and against the same in The Inter-City Express, a newspaper published in the said County of Alameda. ADOPTED by the Board of Supervisors of the County of Alameda, State of California, onOctober 11, 1983, by the following called vote: AYES: SUPERVISORS Bort, Cooper, Excell and Santana - 4 NOES: SUPERVISORS Chaj EXCUSED: SUPERVISORS None SECTION VII County of Alameda, State of California. ATTEST: WILLIAM MEHRWEIN, Clerk of the Board of Supervisors of the Countyr Approved as to form, RICHARD J. MOORE, County Counsel 1589B . I EX HI BI T C