HomeMy WebLinkAboutMiscellaneous Annexation Documents - 1963 - 1972 M3.LNTES OF THE BOUNDARY COMMISSI,26 ,
OF ORANGE COUNTY, CALIFORNIA �
May 26, 1963
The meeting of the Boundary Commission of Orange County, California, was
called to order by the Chairman, C.M. Featherly, May 20, 1963 at 11:15 A.M.
Members of the Commission present were :
C. M. Featherly Chairman,B.oard of Supervisors
Harry E. Bergh County Planning Director
Hugh J. Plumb County Assessor
L. B. Wallace County Clerk
L. E. Greenville Deputy County -Auditor-Controller
Bob Wise Deputy .County,.*)Surveyor
and the Secretary
IN RE: PROPOSED CORRECTION OF BOUNDARIES OF THE CITY OF HUNTINGTON
BEACH AND THE. CITY OF FOUNTAIN VALLEY AND THE BOUNDARIES OF-,THE
COUNTY OF ORANGE AND CITY OF FOUNTAIN VALLEY
The petition for the proposed correction of boundaries of the
City of Huntington Beach and the City of Fountain Valley and the boundaries
of the County of Orange and City of Fountain Valley was received and ordered
referred to the County Assessor and County Surveyor for checking and based
upon their reports, on motion of Commissioner Bergh, duly seconded and carried,
the Boundary Commission finds that the boundaries of the proposed correction
are reasonably definite and certain as to Section 50190 - 50200 of the
Government Code;
STATE OF CALIFORNIA
r COUNTY OF ORANGE ss
I, L.B. WALLACE, Secretary of the Boundary Commission of Orange County,
California, hereby certify the foregoing to be a full, true and correct copy
of the minute entryon record in this office.ice.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of May,
1963
L. B. WALLACE
Secretary, Boundary Commission
of Orange County, California
._ t"•n 4b
j
i DATE i 5-17.-63
-
CITY CLER"U
CITY OF ntington Beach
CITY HALL
Huntington Beach CALIFORNIA
DEAR SIR:
IN COMPLIANCE WITH THE GOVERNII'IENTAL CODE FOR THE STATE OF
CALIFORNIA, SECTION 35002.1, WE WISH TO REPORT THAT THE PROPOSED ANNEXATION
TO YOUR CITY KNOWN AS:
Correction of Boundaries between the City of Huntington Beach and
the City of Fountain Valley also the Boundaries of the County of
Orange and Fountain Valley.
ENCOMPASSES ALL OR PORTIONS OF THE FOLLOWING DISTRICTS ACCORDING TO THE
COUNTY SURVEEYORIS RECORDS.
County Inside Including CSFP
Fountain Valley City
Ocean View School Dist
School Modification Aid
School Institution Tuition Tax
Orange County Flood Control
Orange County Harbor District
County Library District
Orange County Mosquito Abatement Dist
Metro Water Dist
Orange County Municipal Water Dist
Talbert Drainage District
Orange-County -Sanitation Dist #3
Orange County Water District
Orange County Water District Water Reserve
Huntington Beach School Dist
VERY TRULY YOURS,
ORANGE COUNTY BOUNDARY COMMISSION
MLC :GRE:CG MABEL L. CASTEIX, SECRETARY
CC : BOUNDARY COPM-IISSION FILE
COUNTY SURVE)"OR 'S FILE
LOCAL AGENCY F0P,11ATION C014-1 .:'SIOi'*I
FILING AND HEARING SCHEDULE
January through December, 19i
FILING DATE HEARING DATE
December 17, 1971 January 12
December 31, 1971 January 26
January 14 February 9
January 28 February 23
February 11 March 8
February 25 Barth 22
March 17 April 12
March 31 April 26
April 14 May 10
April 28 May 24
May 19 June 14
June 2 June 28
June 16 July 12
June 30 July 26
July 14 August 9
July 28 August 23
August.s'a c.t�u.7 c, iv va:.Y Via..+Aji z1
September 1 September 27
September 15 October 11
September 29 October 25
October 13 November 8
Qctober 27 November 22
�Qvember 17 December 13
December 1 December 27
,,✓-v.� �,f :: Vie. - ,
:.' ORANGE COUNTY
4 ADMINISTRATION BUILDING
U E p V'-r a/Y ®F= f P. O. BOX 887
i,
z+� SANTA ANA, CALIFORNIA 92702
TELEPHONE: 834-2239
AREA CODE 714
LOCAL AGENCY FORMATION COMMISSION
December 8, 1971
CHAIRMAN
LOUIS R. REINHARDT
COUNCILMAN To : _ All Cities and Special Districts-
CITY OF FULLERTON -
IFrom: Richard T. Turner, Executive Officer
VICE-CHAIRMAN Subject : Local Agency Formation Commission 1972
COUNCCILMANILMAN
STAN NORTHRUPfiling and hearing schedule
CITY OF SAN CLEMENTE .
ROBERT W. The attached schedule has been prepared for your convenience
SUPUPERVISORSOR
FIRST DISTRICT in filing proposals with the Local Agency Formation Commission
during the 1972 calendar year.
RONALD W. CASPEP.S
SUPERVISOR The dates listed in the left-hand column represent the latest
FIFTH DISTRICT dates material may be filed with the Commission in order to
Ibe heard on the corresponding date shown in the right-hand
CHARLES A. PEARSON column.
REPRESENTATIVE OF
GENERAL PUBLIC It - should be pointed Out that pursuant to Bylaw No. 40 the ' -
I Executive Officer shall set as many matters for a meeting
as can be heard within a three hour period. Any additional
ALTERNATE matters eligible to be set for hearing shall be set for the
RALPH B. CLARK
SUPERVISOR next succeeding regular meeting, or special meting.
FOURTH DISTRICT -
The Coimni.ssion meetings will be held in the Board o% Super-
visors Hearing Room, County Administrat4on Building, 515
ALTEr.N[.TE North Sycamore Street, Santa Ana at 2 :00 .o' clock P.M.
A. J. COCO
MAYOR - - -
CITY OF TUSTIN _
•
I
ALTERNATE
WILLIAM D. MARTIN
REPRESENTATIVE OF -
GENERAL PUBLIC' -
RICHARD T. TURNER
EXECUTIVE OFFICER - -
L -)YLl- Mir
tis t,
C e*ty of Huntington Beadn, hk 0'
R A,,.'j F R ). C A';T I
P.O. BOX 190 CALWORNIA 9264a
P. 3')NV-r%
MA VOR
Oeorgi,C. McCracken PAUL C. JONES
Cit 1,
COUNCI—MEN August 16 , 1.971
Jerry A Matney
T0,1 01 Barveti
Arvin
11.�Joen
Norma
Brandef Gibbs
.'ILI G,Pon
Donaiu r, Shipley
Mr. Richard T . Turner,,
Executive Officer
I.oC-.al Agency Formation Commission
P . O. Box 687
Santa Ana, California 92702
Re : Study of the Magnolia Memorial Park
Cemetery District
Dear Mr. Turner:
As . a result of the City of Cypress ' application before the
Commission to detach certain properties in that city from
the Magnolia Memorial Park Cemetery District , it is our under-
standing that LAFCO will refer the matter to a committee- to
investigate .
In response to your request for a member of our staff to assist
in a study, I have asked our City Clerk Mr, Paul Jones to co-
operate with your group . Inasmuch as Mr. Jones handles all
annexations and deannexations in the City of Huntington Beach ,
it is my feeling that he will be able to be of assistance to
your staff.
Please feel free to call. on Mr. Jones for such assistance as
you might need in the City of Huntington Beach .
Yours very truly,
Doyle Miller
City Administrator
DM:bwo
CC: Mr. Paul Jones
JAMES R. WHEELER EARLE ROBITAILLE OLLIN C.CLEVELAND KENNETH A. REYNOLDS
Director of Public Works Police Chief Building Director Planning Director
VINCENT G.MOORHOUSE
FRANK B. ARGUELLO RAYMOND PICARD Director Harbors, WALTER W.JOHNSON NORMAN L. WORTHY
Finance Director Fire Chiei Beaches& Development Library Director Recreation & Parks Director
SUPERVISOR, SECOND DISTRICT '
pt
DAVID L. BAKER
ORANGE COUNTY ADMINISTRATION BUILDING
515 NORTH SYCAMORE, P.O. BOX 838, SANTA ANA, CALIFORNIA
PHONE: 834-32M (AREA CODE 714)
i
January 27, 1969
Paul C. Jones, City Clerk
City of Huntington Beach
P. 0. Box 190
Huntington Beach, California 92648
Dear Paul:
d
Pursuant to our telephone conversation, here. is the opinion
I requested from County Counsel.
I trust this may be of help to .you.
Sincerely,
Richard P. Ruiz
Executive Asst. ,
to DAVID L.' BAKER
RPR:nw
encl:
OFFICE OF THE COUNTY COUNSEL
MEMORANDUM IN REPLY REFER TO: .
i
C-410.
Richard Ruiz
Executive Assistant
To: David L. Baker, Supervisor
County of Orange
FROM:
Adrian Kuyper
County Counsel 4�
'D
DATE: ®:�� �:• �. .
January 17, 1969
SUBJECT: your Memo Dated January 17, 1,969 Regarding Transfer
of Contiguous City Territory to City of Huntington
Beach
Ki STION
Mr. Paul C. Jones, City Clerk, City. of Huntington
Beach, 'has requested an opinion whether territory may be - trans-
ferred from one city to a contiguous city in the same county
pursuant to Government Code Section 35270 .
CONCLUSION
The territory maybe so transferred.
DISCUSSION
Government Code Sections 35270 et seq. provide a
procedure..:whereby a _city-may ,transfer ,its territory to a con-
tiguous city in the same county. These sections were enacted
in 1967 and were partially amended in 1965 .
VTB:sc
Janue-ry 14 , 1969
David L. Baker, Supervisor
County of Orange
P.O. Box '38 -
Santa Ana, California 92701
Attention:. Mr. Richard Ruin
Executive Assistant
Dear Dic, a
Through our telephone conversation of this morning, 1 am .
requesting that you het a determination from the County Counsel
or other sources as to whether a city may transfer territory
from one city to a contiguous city in the same county as set
forth in Article 4 .5, Section 35270 of the Government Code of
the State of California.
Said section and following sections set forth a procedure to
be used in this .inst�nce, and if said sections have been
repealed or superseded, I am not aware of it. The City of
Huntington Beach has Legislative consent from an adjoining
. city. for the transfer of certain territory in that city to
Huntington Beach in order to establish a definite boundary
line between the' two cities .
In view of the circumstances connected with such transfer of
territory, it would be advantageous for us to be able to pro-
ceed along these lines , and we , of course, hope they are in
effect. I would appreciate your having this matter reviewed,
and hope to receive a reply within a reasonable time.
Sincerely .yours ,
rata3_ C . Jones , City Clerk.
PCJ:pa
�= G!
December 24 , 1973
j � 6
..The Honorable Mayor and City Council DEC 2 6 1973
City of Huntington Beach
Post Office Box 190 CITY Or Hi9�4ad1P� �O�i DEAN
Huntington Beach, California 92648 ADMINISTRATIVE 0FRCE
Gentlemen:
The Local Agency Formation Commission, on December 12 , ' 1973 ,
took an action which should be of extreme concern to all
cities in Orange County. The Commission, without an agendized
notice or hearing on the matter, deleted almost one-third of
Tustin' s approved sphere of influence in the unincorporated
area;. This unilateral action set a precedent which can have
grave consequences for long-range planning and projections
for future community development by any city in thisCounty.
Previously, in August, 1971 , after several hearings, and using
the guidelines and criteria set by the Commission for estab-
lishing spheres of influence ; LAFCO determined that a portion
of the surrounding County .area (the Marine Corps Air Station
(Helicopter) ) was within the sphere of influence of Tustin.
The Commission heard presentations by the Cities of Santa Ana
and Tustin, and,"re.ceived testimony and correspondence from
other agencies Final action was taken by LAFCO on the sphere
determination to Tustin. by adopting Resolution No. 71-102 .
Now, over two .years later , the Commission has removed this
area from the Tustin sphere. of influence without any advance
notice or any restudy of the criteria that established the
sphere in the first place! The item on the agenda was a
determination of the sphere of influence for the City of Santa
Ana. After Santa Ana' s sphere was adopted (which did not in-
clude the Air Station) , the. Commission then moved into Tustin' s
sphere and took the above action. No information was presented
to the Commission that was new or different than presented in
1971 , and nothing certainly that .would dictate a change in the
sphere status of the Air Station. Even if new facts were now
available, however, the least that good government and due
process of law dictate is that establishing or changing the
sphere of influence of a city be a separate agenda item for
that city, - and ,not attached as a "rider" on some other matter
before LAFCO.
.CITY HALL 110 WEST SECOND STREET TUSTIN. CALIFORNIA 92690 (714) 544-88DU
Honorable Mayor and City Council
December 24 , 1973
Page two
By removing the territory from Tustin' s sphere , and returning
the Air Station to the status of an island surrounded by
three cities (Irvine, Santa Ana, and Tustin) , the whole pur-
pose of establishing spheres for planning purposes and logical
community growth has been defeated.
From the above action by LAFCO on December 12 , the sphere of
influence of any city in Orange County can be changed or
deleted at any time , without notice or hearing of that speci-
fic matter for the city involved. We trust your Honorable Body
agrees with the City Council of Tustin that there is potentially
a dangerous situation now facing Orange County cities .
It is respectfully requested that your city determine whether
this type of action by LAFCO is of sufficient concern to you
that you should join with us in demanding that LAFCO comply
fully with the laws of this State , and revoke the action rela-
tive to the Tustin sphere. Express your concern, by resolution
to LAFCO, that there shall be no change to your city ' s sphere
of influence without notice to your city with full public
hearings.
Very truly yours ,
Mayor
Mayor pro tem �r'
ouncilman
/ � e - - �i ?
ouncilman '
Councilman
�4\
State Board of Equalization
SCHEDULE OF FILING AND PROCESSING FEES
Section 54902.5, Government Code
Fiscal year 1973-74
1 . GENERAL APPLICATION. The fees set forth in this schedule shall apply to all filings
made pursuant to Sections 54900 to 54902 of the Government Code. The provisions and
definitions given in Sections 2 and 3 below shall be used to interpret and apply the fees,
and serve as guides to insure acceptance of filed documents. Fees shall accompany the
filed documents. See Paragraph 3 (h)
2. DESCRIPTIONS AND MAPS.
a Every description must be self-sufficient within itself and without the necessity
of reference to any extraneous document. When a description refers to a deed of record
the deed should be used only as a secondary call .
(b) When writing a metes and bounds description of a contiguous annexation all
details of the contiguous portion(s) of the boundary should be omitted. The points of
departure from the existing boundary must be clearly established.
(c) A specific parcel description in sectionalized land (e.g. The SW1/4 of
Section 22, TIN, RIW) is permissable without a metes and bounds description of the
perimeter boundary.
(d) A parcel description making reference only to a subdivision or a lot within
a subdivision is not acceptable.
(e) Every map must clearly indicate all existing streets, roads and highways
within and adjacent to the subject territory together with the current names of these
thoroughfares.
(f) Every map shall bear a scale and north point. If a reduced map is to be
filed, the original map must have a graphic scale affixed to it before the reduction
is made.
(g) The point of beginning of the legal description must be shown on the map.
The boundaries of the subject territory must be distinctively shown on the map without
obliterating any essential geographic or political features. The use of colored lines to
denote the boundaries is recommended.
(h) All maps must be professionally drawn or copied . Rough sketches of maps
or plats will not be accepted.
(i) The computed or estimated acreage shall be set forth in the legal description
or on the map.
(j) When applicable, each description and map shall indicate that it has been
accepted by the local agency formation commission.
t
'1
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:3.. FILING FEES AND PROCESSING FEES-GENERAL.
a "Parcel" means any separate geographical area. A Varce`I" can include one
or more ownerships as long as they are contiguous to each other.
(b) "Zone" includes temporary zones in highway lighting districts, other zones,
improvement districts or any other sub-unit of a city or parent district.
(c) "Reorganization" includes any single action that involves two or more cities;
districts or zones :in any combination A transfer or exchange of ter"ritory 'between citifies,
districts or zones would therefore be a "reorganizat.ion" under this definition. The con-
sol;idation of districts or zones does not come under ih.is definition.
(d) If the subject territory is described entirely by sections or fractional :portion's
of sections (see Paragraph 2 (c) ), compute .the processing fee under the next smalaer
sizecategory given below. .For example, the annexation of one section (640 acres)
would ibe .computed under the 20 - 100 acre category.
(e) 'If an ".island" .is created 'by the exception of territory, each island shall be
considered to be one ""Parcel".
'(f) The fees in Section 5 of this schedule are based on the concept that any
given action is contained within one county. If more than one county is involved,,
add $50 for the second and each additional county involved.
(g) The .fee for adding an existing district to the tax rol I shal I not exceed $1000.
(h) The filing and processing fee shall accompany eacch statement unless prior
arrangement for quarterly payments has been made. The use of quarterly .payments
shall be `limited to those governmental entities that normally file more than twenty-
five statements each year.
(i) If the January 1st statutory deadline for filing statements is extended by a
special validating act, the fees in Section 5 shall be doubled.
4. FILING FEES
All filings . . . . . . . . . . . . . . . . . . . . . . . . . . $15
5. PROCESSING FEES (In addition to filing fees)
a nnexations or detachments, within one county
Under 20 acres, 1 Parcel . . $55
Under 20 acres, 2 or more parcels: $55 plus
$40 per parcel over number of 1
20 acres - 100 acres, 1 parcel $135
20 acres - 100 acres, 2 or more parcels: $135 plus
$40 per parcel over number of 1 .
10.1 acres - 1500 acres, 1 parcel $280
101 acres - 1500 acres, 2 or more parcels: $280 plus
$40 per parcel over number of 1
Over 1500 acres, 1 parcel . . . . . . . . . . . . . . . . . . . . . $430 I
Over 1500 acres, 2 or more parcels: $430 plus
$40 per parcel over number of 1 .
(b) Dissolutions, per district or zone . . . . . . . . . . . . . . . . . . . . . $40
(c) Consolidations, per district or zone involved. . . . . . . . . . . . $40
(d) Name changes, per district, per county . . . . . . . . . . . . . . . . . . $40
(e) Formations, including zones, the addition of existing districts to
assessment roll, per district or zone:
Add $60 to fee as computed under annexations and detachments. If
the zone is coterminous with the parent district, the total processing
fee shall be $70-.
(f) Reorganizations
Add $35 per city, district or zone involved to fee as computed under
annexations and detachments.
(g) Subsequent related detachments of city-annexed areas from special districts
fire, lighting, sanitation, etc.) and annexations of city-annexed areas to
city districts, per detachment or annexation or district in any combination
filed in same calendar year as the annexation to the city . . . $20
If a subsequent related detachment from or annexation to a district is filed
after the calendar year in which the area was annexed to a city., the fee
shall be computed as under annexations and.detachments.
(h) Concurrent annexations to a parent city, district and zone(s) within the
parent city or district, or concurrent annexations to a district that is a
member district of a larger district or agency or authority: Add $40 to
fee computed under annexations and detachments.
STATE OF CALIFORNIA
STATE BOARD OF EQUALIZATION GEORGE R. REIL`Y `
First.District, San Francisco -
1020 N STREET, SACRAMENTO, CALIFORNIA JOHN W. LYNCH
(P.O. BOX 17991, SACRAMENTO, CALIFORNIA 95808) Second District, Fresno
WILLIAM M. BENNETT
Third District, San Rafael
RICHARD NEVINS
Fourth`District, Pasadena
HOUSTON I. FLOURNOY
Controller, Sacramento
W. W..DUNLOP
Executive Secretary
TO COUNTY, CITY AND DISTRICT OFFICIALS
Enclosed is a copy of the schedule of filing and processing
fees that was approved by the Board of Equalization on March 29,
1973. This schedule applies to all statements filed with us,.
beginning on July 1, 1973. The fees contained therein are con-
siderably higher than those now in effect. The reason for this
is that we grossly overestimated the revenue that would be pro-
duced by the present schedule. For the fiscal year 1972-73, the
budgeted cost for processing all statements was $320,473. As of
March 31, 1973, the existing schedule has produced only $184,020,
of which $158,900 was received during the current fiscal year,
far short of the goal.
The estimated cost for processing all statements for the
fiscal year 1973-74. is $351,190. To develop a schedule that would
produce this amount, we tabulated all relevant data on each of the
2722 statements that were filed during 1972. Because detailed
acreage data were available for only this last year, we had to as-
sume that it was a typical year. We also reviewed the work func-
tions in the Tax Area Services Section back to 1968 to derive
average workload data by county over a five year period of time.
The fees were then .tested by.applying them to each of the 2722
filings that were received last year. Every effort was'aade to
equitably balance the fees with the .average workload to the ex-
tent possible.within the confines of a uniform, statewide schedule..
Please send any technical inquiries on the preparation of state-
ments ,or the application of the fees in unusual situations to Mr.
Martin C. Rohrke at the address shown on this letterhead or phone
916/445-6950.
Very truly yours,
NEILON M. JENNINGS, Chief
VALUATION DIVISION
PROCEDURE FOR
ANNEXATIONS
(Cities and Special Districts)
A. Preparation and Filing of 'Forms
B. Boundary Commission Action
C. Action of .-the Local Agency` Formation Commission
D. Determinations of the Local Agency Formation Commission
CODE OR
RULE
REFERENCE
A. PREPARATION AND FILING OF FORMS
1. Proponents of the annexation may secure the following
forms from the Staff Secretary of the Commission, 383
Hall of Administration, 500* W. Temple Street, Los
Angeles 12, California:
a) Notice of Intention to Annex
b) Justification of Proposal
547610 2. Proponents shall .file a Notice of Intention and com-
Sect. 24 ' pleted Justification of Proposal along with 15 maps
Sect. 25 and a legal description of the subject area. No
proposal for annexation may be considered filed unless
accompanied by the Justification of Proposal completed
in full.
B.. BOUNDARY COMMISSION ACTION
54762` 1,. Twelve maps and legal descriptions, and one transpar-
ency, along with a� letter of transmittal, should be
filed with the County Boundary Commission either at
the same time or as ' soon as possible following the
filing with LAFC . - A Notice of Intention, however,- must
be on file with LAFC before filing with the Boundary
Commission. -
2. As soon as, but not before, LAFC receives .a favorable
report from the Boundary Commission, ' the proposal is
presented at the next meeting of LAFC -and set for
hearing.
35002 (The Boundary Commission meets to . review proposals
within 20 days of the date of filing. If the Commis
Sion does not report, within .20 days, the boundaries ' '
of the proposal will be deemed correct, )
C. ACTION OF THE LOCAL AGENCY FORMATION COMMISSION
54763 1. Upon receipt of the Boundary Commission report, LAFC
shall set the proposed annexation for hearing not
more than 60 days after the filing of the Notice of
Intention.
Sect. 19 2. Prior to •the time 'the matter is set for hearing, . the
proponents may, on their own action, withdraw their
proposal; after the matter has been set for hearing,
however, it may be withdrawn only with the consent
of the Commission. . '
54763 3. At least 15 days before the hearing, the following
persons or agencies are notified of the date, .time,
and place of the hearing:
a) the governing body of each city and special district
having jurisdiction within the boundaries of the
territory proposed to be annexed;
b) the governing body .of each city lying within three
miles of the exterior boundary of the subject;
c) any interested party who has filed a written request
with the executive officer of the Commission for
such notice;
d) the proponents of the annexation.
54764 4. The week prior to the hearing, the . staff shall have
prepared a report on all matters coming before the `
Commission. This report. shall be submitted to each
member of' the Commission for review in advance of the
hearing.
5. Persons interested in being heard on any matter are
requested to inform the Staff- Secretary at least three
days prior to the hearing.
D. DETERMINATION OF THE LOCAL AGENCY FORMATION COMMISSION
54766 1. Any matter coming before the Commission may be, approved,
approved with conditions, disapproved, or continued.
The Commission must present its determinations within
30 days following conclusion of the hearing. The
Commission may also adjourn a hearing from time to time,
but not to exceed a total of 30 days .
2. The decision shall be transmitted to the proponents by
way of a certified minute order from the executive
officer of the Commission.
-2-
54766 3. If the Commission approves a proposed annexation, the
proponents may continue with proceedings as otherwise
provided by the governing law.
54766 4. If the Commission approves the proposal with conditions,
the proponents may continue proceedings on y in com-
pliance with such modifications .
54767 5. If the Commission disapproves a proposal, proceedings
must be terminated and no notice of intention regarding
the same or substantially the same territory may be
filed with LAFC for at least one year from the date of
disapproval .
SUMMARY OF
MATERIAL REQUIRED
FOR
ANNEXATION FILING '
Letter Notice of Int.
of Maps Legal and
Transmittal Transparency Prints Descrip. Justification
Boundary
Commission 1 1 12 1 ---
LAFC --- --- 15 1 8
Please address communication intended for the County Boundary Commission to:
Mr. Gordon T. Nesvig, Secretary
County Boundary Commission
383 Hall of Administration
500 West Temple Street
Los Angeles, California 9CO12
i
and address communication intended for the Local Agency Formation Commission
to:
i
Mr.- Gordon T. Nesvig, Executive Officer
Local Agency Formation Commission
383 Hall of Administration
500 West. Temple Street
Los Angeles, ; California 90012
I
. If you ' have any questions regarding. the preparation of the map or the legal
description, you may communicate directly with the County Engineer, Mapping
Division, attention of Mr. H. Haenke . If you have any further questions
regarding the annexation, please call the Local Agency Formation Commission j
at 625-3611 Ext. 65011.
I
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3 y
ORANGE COUNTY
ADMINISTRATION BUILDING
7 U NTY O F P. O. BOX 838
SANTA ANAL CALIFORNIA
i
m
TELEPHONE: 547-0547
FI A �!'� C AREA CODE 714
s
LOCAL AGENCY FORMATION COMMISSION
December 14 , 1964
City of Huntington Beach
Paul C. JOnes,City Clerk
P.O. Box 190
Chairman HUntington Beach, California
WILLIAM D. MARTIN
Mayor
Laguna Beach Gentlemen:
Notice is hereby given that the proposed annexation
C. M. FEATHERLY to the Midway City Sanitary District (Yockey No. 6)
Supervisor
First District will be reviewed by the Local Agency Formation Com-
I mission of Orange County on December ,30 , 1964
at 2 :30 PM in Room 503, Orange County Adminis-
CHARLES E. PEARSON tration Building, 515 North Sycamore Street, Santa
Representative of General Public Ana, California.
IThis notice is sent pursuant to law to the district
WILLIAM J. PHILLIPS or city to which annexation is sought, to all special
Supervisor districts having jurisdiction in the area proposed to
Third District be annexed, and to all cities within three miles of it.
IAny interested person wishing to appear before the
PAULJ. WISHEK Commission to support or oppose the annexation other
Mayor
Buena Park proponents Y than the ro onents and the city or district to which
annexation is proposed, must formally notify in writing
W. E. St John, County Clerk, who is the Executive Officer,
Alternate forty-eight hours before the time of the hearing.
GEORGE B. HONOLD
Mayor Very truly yours,
Garden Grove
ILOC L AGENCY FgRMATION COMMISSION
W. E. ST JOHN
Executive Officer
W. E . St John
Executive Officer
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JACK D: WICKWARE
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ASSISTANT LEGAL COUNSEL
HOTEL CLAREMONT BLDG.
LEAGUE OF BERKELEY, CALIFORNIA
CALIFORNIA CITIES � THORNWALL 3-3083 -
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REQUEST FOR .NOTICE
To ,the City Clerk
City of Huntington Beach, California
The undersigned, as owner of an .interest. in the
lands -described on the attached Exhibit, . pursuant to the
provisions of law, hereby requests that ; yqu mail notice • as
required .by law of any annexation .to or proceedings of your
City involving said lands.
Name Address
G. E. Kadane & :Sons Po O. Box 1487
Newport Beach, California
The description of the .land. in which an . interest is claimed
..is shown by them-Exhibit which. is attached hereto.
DATED this .day of June, .1964.
G. E. KADANE & .SONS
By
estern Manager
EXHIBIT TO REQUEST FOR .NOTICE
FROM G. E. KADANE & SONS TO
THE CITY OF HUNTINGTON BEACH,
CALIFORNIA
Partly within the City of Newport Beach, County
of Orange:
Parcel 1: A portion of Lots "B", "C" and "D", all
in the "Banning Tract, " ,as shown on a Map of said
Tract filed in the case of Hancock Banning et al,
vs. Mary H. Banning for partition, and being Case
.No. 6385 upon the Register of Actions of the
Superior Court of Los Angeles County, California,
described as follows:
Commencing at a point on the boundary line be-
tween Lots "A" and "B" of the Banning Tract, South
89 deg. 28 min. West 12.6.30 chains from the North-
easterly corner of Lot "B" of said Tract; thence
.South 89 deg. 28 min. West 50 .34 chains to a .point;
thence South l deg. 45 min. West 6.61 chains; thence
South 34 deg. 15 min. West 7 chains; thence South
6 deg. 15 min. East 16 chains; thence . South 19 deg.
45 min. West 8 chains; thence South ,34 deg. 30 min.
West 7 chains; thence . South 42 'deg. 45 min. West 6
chains; thence South ,4 deg. 45 min. West . 7 chains;
thence South 21 deg. 15 min. West 3 chains; thence
South 84 deg. 45 min. East 6.62 chains; thence
: North 89 deg. 45 min. East 31.50 chains; thence
South . 49 deg. East 8 chains; thence South 28 deg.
East 13.50 chains; thence . South 13.50 chains; thence
. South .43 deg. East 5.50 chains; thence South 7 deg.
East .8.50 chains; thence South 74 deg. 15 min. East
.21 chains; thence South 52 deg. 15 min. East 16
chains; thence South 81 deg. 15 min. East 5.36
chains to, a point on the boundary line of Lots "B
"C" and "D" of the Banning Tract and land of James
Irvine; thence along said boundary line North 39
deg. 45 min. East 21.58 chains to an iron stake;
thence North 29 deg. 18 min. West 96. 96 chains to
a point; thence North 19 deg. 02 mine East 16.16
chains to the point of beginning, containing 575.22
acres of land, more or less.
Excepting therefrom the land conveyed to the
Newport Protection District by deed recorded
June 22, 1911 in Book 197, page 300 of Deeds.
Also excepting therefrom Lots 7 and 11 in
Block 1; Lots 16, 24 and 25 in Block 2; Lots 20,
21 and 3.1 in Block 3; Lots 15, 16, 21 and 25 in
Block 4 of "Tract No. 15, Melrose Mesa" , as shown
on a map recorded in Book 9, page 19 of Miscellan-
eous Maps, records of Orange County, California.
Also excepting therefrom Lot 2 of "Tract No.
463" as shown on a map recorded in Book 32, pages
2 and 3 of Miscellaneous Maps, records of Orange
County, California.
Also excepting that portion thereof included
within Lots 111 and 112 as shown on the Map of
"Newport Mesa Tract", recorded in Book 5, page 1,
of Miscellaneous Maps, records of Orange County,
California.
Also excepting the portions thereof included
within Whittier Avenue and 16th Street as shown
on Map of Newport Mesa Tract.
Also excepting the portions thereof included
within a strip of land 30 feet in width, the center
line of which is described as follows:
Beginning at the point where the Easterly bound-
ary line of the Rancho Las Bolsas between Sta-
tions 78 and 79 of the said boundary line is
intersected by the line which bears North 13 deg.
26 min. 30 sec. east from the point on the South
line of Section 18, Township 6 South, Range 10
West, S.B.B, &,M„ 2294.92 feet North 89 deg. 38
min. East from the South quarter section corner
of said section, said beginning point being on
the surveyed center line of the Santa Ana-Anaheim
Joint Outfall Sewer; thence from said point of
beginning South 13 deg. 26 min. 30 sec. West
along said center line to Station 187 plus 74.49
being the point on the South line of said section 18,
2294. 92 feet North 89 deg, 38 min. East from the
South quarter corner of said Section; thence con-
tinuing South 13 deg. 26 min. 30 sec. West along
said surveyed center line 2795 .66 feet to Station
215 plus 70. 15; thence South 16 deg. 27 min. 30
sec. West along said center line 1050. 35 feet to
a point 15. 30 feet South 84 deg. 451din. East from
Station 68 of the Rancho Las Bolsas, together with
the strip of land of varying widths lying between
the Easterly line of the above described 30 foot
strip and the Westerly—line of the right of way of
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the Santa .Ana River through .the Newbert .Protec-
tion District, as conveyed to the City.. of .Santa
Ana .by deed .recorded April 14, 1934 in Book 670,
page'. 147 of..Official. Records.
Also excepting , therefrom that portion of Lot "B"
of the Banning Tract, as shown .on a .Map of said Tract
filed in the ..case .. of Hancock Banning. et al vs. .Mary
K. Banning, Case No. 6385, particularly described .as
follows:
Beginning .at a point in .the Easterly, iine of the
300 foot strip of land for Santa .Ana .River . channel,
as described in the deed to the Newbert .Protection
District recorded .June 22 , 1911 in Book 197,,.page
300 of Deeds , records of Orange County, . California,`
which point is North 71 deg. 20 min. East -510.47
feet from the Southwest corner .of said Lot "B
which last mentioned .corner is also Station .149
of the Rancho Santiage de Santa Ana; thence North
13 deg. 25 min. East along the Easterly, line of
said 300 foot strip of land 660 feet; thence.-South
76 deg. 35 min. East 660 feet; thence South 13 deg.
25 mina West 660 feet; thence North 76 deg. 35 min..
West 660 feet to the point of beginning, as condemn-
ed by the City of Newport Beach in the action en-
titled .City of Newport Beach, a municipal corpora-
tion, -Plaintiff, vs. Townsend Land Company et al,
defendants, (Case No. 34747) , a certified copy, of
the final judgment having been .recorded August .20,
1937 in .Book .910, page 19 of Official Records.
Also excepting. therefrom the portion .included .in
Parcel 5 .hereinafter..: described .
Parcel 2. All that certain . land sit:uated .partly ,with-
in .the City of Newport Beach, County of Orange, State,
of California, described as follows:
Beginning at a copper tack .in .lead set .in .the concrete
pavement at Station 639 plus 79.91, as shown on Sheet
6 of 11 sheets, .Division .7, -Route 60, State Highway
Maps, said Map on . file in the .office . of the State
Highway. Engineer of .the State of California, and .running
thence North 15 deg. 43 .min. East 95.93 feet to the
true point of beginning of .this description, said point
being in the Northerly .line of said highway; thence
North 15 deg. 4.3 min.. East 396.68 feet .to a point;
thence South 86 deg. 35 min. 30 sec. East 442 .01 feet
to a point; thence North 89 deg. 43 min. East 2079..49,
feet to a point; thence South 49 deg. 02 min. East
528 feet to a point; . thence South 28 deg. 02 min.East
245. 57 feet .to a point; . thence South 89 deg. 45 min.
East :51. 32 -feet .to a point; thence South 23 deg. . 56
min'. 45 sec. East 660. feet to a point; thence South
1 deg. 11 min. 45 sec. East 893.88 feet to a point;
thence South 4.3 deg. 02 min. East 313. 18 feet to a
point; . thence South 7 deg. 02 min. East 507. 31 feet
to the Northerly line of the State Highway, as shown
upon Sheet 8 of 11 sheets, Division 7, Route 60,
State Highway Maps; thence North 83 deg, 18 min. 30
sec. West along ,-the Northerly line of -said highway
, 271001 feet to an angle point in said highway thence
continuing along the Northerly line of said highway
North 76 deg. 22 min. 10 sec. West 119.27 feet to a
point in the center of. the Santa Ana River, as now
established; thence Northerly along the center of
said Santa Ana River, the following courses and dis-
tances, to-wits North 10 deg. 47 min. 30 sec. West
136. 39 feet to a point; thence North 1 deg, 38 min.
25 Sec. east 120.5. 19 feet to a point; thence North
13 deg. 35 min. 40 sec. West. 665. 36 feet to a point;
thence North 27 deg. 46 min,, West 208.51 feet to a
point; . thence, leaving said river and running.North
8.9 deg. 45 min. West 668.99 feet to the center of
said river; thence continuing Southwesterly along
the center of said river the following courses and
distances, , to-wits South 20 deg. 06 min. 15 sec.
West 408.16 feet to a point; thence South 44 deg®
58 min. West 252.54 .feet to a point; thence South
.73- deg. 23 min. 30 sec. West 274.17 feet to a point;
thence North 66 deg. 42 min. 20 sec. West 765.73
feet to a point; thence North 78 deg. 02 min. West
517.61 feet to a -point in .the Northeasterly side of
Summit Street; thence leaving the center of said
River and .running North 60 deg, 52 min. 34 sec.West
along the Northerly -line of Block "C" of "El Moro
Tract" , as shown on a Map recorded in Book 8, page
75 of Miscellaneous Maps, records of Orange County,
California, 151. 04 feet to an angle point in said.
Line; thence continuing along the Northerly line of
said Block North 64 deg. 06 min, 50 sec. West 170. 26
feet to the Northerly line of the State Highway as
shown upon Sheet 6 of 11 sheets, Division 7, Route
60 State Highway Maps; thence along the Northerly
line of said State Highway North 54 deg. 02 min.,
West 470. 73 feet to the true point of beginning.
Excepting the portion, if any, included within
Parcel 1 above described.
Also excepting therefrom . the portion conveyed
by Joseph Bo Banning, Jr. and others to C. R. Wood-
ruff by deed .recorded January 9, 1929 in Book 221,
page 499 of Official Records, numbered first and
second .as follows,,,
lste That portion. of the Rancho Santiago de
Santa Ana in the County of Orange, State of
California, bounded Southeasterly, Southerly
and Southwesterly by the center line .of the
Santa Ana River, being those .certain courses
in said center line, South 20 deg. 06 min. 15
sec. West, South 44 deg. 58 min. West, South ,
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73 deg. 23 min. 30 sec. West, North 66 deg. 42
min. 20 sec. West, as per map "filed in and an-
nexed to the complaint in :the case of J. B.
Banning, ,Jr. vs. Smither and others, . be.ing Case
No. 22797 in .the Superior Court of Orange Coun-
ty, State of California, and bounded Northwest-
erly and Northerly by the Northwesterly and
Northerly line of "Tract No. 772 ", as shown on
a Map recorded in Book 23, page 6 of Miscellane-
ous Maps, records of Orange County, California,
said Northwesterly and Northerly lines having
bearings of South 88 deg. 25 min. East, North 72
. deg. 45 min. East, North 42 deg. 06 min. East,
and North 29 deg. 06 min. East, all of said lands
lying between the banks of the Santa Ana River
as designated .on said Map in said Case No. 22797.
.2nd. That portion of the Rancho Santiago de Santa
Ana in the County of Orange, State of California,
described as follows: Beginning at the intersec-
tion of the Westerly prolongation of the Norther-
ly line of "Tract No. 772 " as shown on a map re-
corded in Book 23, page 6 of Miscellaneous Maps,.
records of Orange County, California,. with the
center line of the Santa Ana River, as said cen-
ter line is shown on the Map filed in., and an-,
nexed to the complaint in, the case of J.B.Banning
Jr. vs. Smith and others, being Case No. 22797 in
the Superior Court of Orange County, California;
thence along the center line of said Santa Ana
River as follows: North 20 deg. 06 min. 15 sec.
East 184. 18 feet North 51 deg. 48 min. East .117.09
feet, North 74 deg. 07 min. East 254.30 feet,
South 45 deg. 20 min. 28 sec. East 298. 02 feet,
South 27 deg. 46 min. East 122 .53 feet to the East-
erly prolongation .of said Northerly line of "Tract
No. 772 "; thence along said Easterly prolongation
and said Northerly line of "Tract No. 772" and
Westerly prolongation thereof North 89 deg. 45 min.
West 668.99 feet to the point of beginning.
Also excepting the following:
Beginning at the intersection. of the Easterly
line of the Rancho Las Bolsas as described in
Book 2, page 314 of Patents, records of . Los
Angeles County, California, with .the center line
of the present California State Highway, said
point of beginning being distant North 15 deg. 43
min. East 42 .64 feet from a copper tack in lead
set in the concrete pavement at Station 639 plus
79.91 as shown on Sheet 6 of 11 sheets, Division
7, Route 60 of State Highway Maps on file in the
office of the State Highway Engineer of the State
of California; thence along said Easterly line of
the Rancho Las Bolsas North 15 deg. 43 min. East
.330. 97 feet; thence South 74 deg. 17 min. East ,
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288.02 feet :to the Southerly prolongation of the
center line of that certain300 foot strip of
land described in the deed. to .the Newbert Pro-
tection District, recorded in .Book 197, page 3.00
of' Deeds, records :of Orange County, California;
thence along said- Southerly prolongation South
13 deg. 24 min. West 453.36 feet. to said .center
. line .of :the California State .Highway; thence
along said . center line North .54 deg. 02 min..West
.326.21 feet to the point of beginning, as con-
veyed to James H. Macklin by deed recorded..Janu-
ary;29, . 1930 in Book 356, - page 31 of Official
Records.
., Also excepting, the portion .or portions- of :said
-land which..is. or are not included either within .the
exterior boundaries ofthe Rancho Santiago de Santa
Ana, the patent for .which was recorded June 28, 1884
in Book 3, page . 387 . of Patents, .records of Los
..Angeles- County, California, or within the exterior
boundaries of Lot .l of Section 19, Township 6 South,
Range .10 West, - S.B.B.&.M. , . Lot. .1 of Section 20,
Township 6 :South, Range- 10 West, S.B.B. &.M. , . Lot :l,
of :Section 29, .Township 6 -South, Range ,10 West, S.B.
B.&:.M.. , the patent .for which lots .was :recorded. April
19, 1893 in Book 1, page 66 of Patents, ,kecards of
Orange County, California, or within accretions of
said Rancho and/or said Lots.
-Parcel 3. City. of Newport Beach, County of Orange:
Beginning at .the point of intersection of the Sou.th-
erly line of the- 80 foot right, of way of the Cali-
fornia State Highway and .the Northwesterly boundary
of Irvine °s Subdivision, as shown on a Map recorded
in Book. 1, -page 88 of Miscellaneous Maps, records
of Orange .County, .California; thence along said
Northwesterly boundary line of Irvine Subdivision
and .its Southwesterly prolongation South 39 deg. 43
min. 45 sec. West 252 .26 feet to a point .in the line
of . ordinary.high tide of the Pacific Ocean in New-
port Bay and designated "North :Line" as established
by, the Decree in the action entitled City. of New-
port .Beach, .plaintiff, vs. F. M. Strobridge and
others, defendants, . Case No. 23686, Superior . Court
of. Orange .County, California, a .certified copy of
which decree was recorded September 19, . 1928 in
Book 201, page 253 of Official Records; thence along
said _tide line North 74 deg. 17 min. 11 sec. West
592.01 .feet; . thence North 58 deg. 28 min. 28 sec.
West .1085.28 feet; thence North 66 deg. 44 . min.. 18
sec. West 584.64 feet; . thence North 60 deg. 19 min..
50 sec. West 577.07 feet to a point in the South-
erly. line of.:the 80 foot right of way of the Cali-
fornia State Highway from which point the quarter
corner .between . Sections 20 and 29, .Township 6 South,
Range . l0 West, S.B.B.&.M. bears North 5 deg. 55 min..
- 6 -
18 sec. West 1113. 01 feet; thence along the South-
erly line of said California State Highway the
following courses and distances: thence South 83
deg. 18 min. East 605.33 feet; thence on a curve
concave to the South having a radius of 960 feet
and tangent to the last mentioned course, a dis-
tance of 290. 98 feet; thence South 65 deg. 56 min.
East 66,q.17 feet; thence on a curve concave to the
Southwest having a radius of 960 feet and tangent
to the last mentioned course, a distance of 197.56
feet; thence South 54 deg. 08 min. 30 sec. East
387.06 feet; thence on a curve concave to the North-
east having a radius of 1040 feet and tangent to
the last mentioned course, a distance of 289. 51
feet; thence South 70 deg. 05 min. 30 sec. East
494.84 feet to the point of beginning.
Excepting therefrom that portion conveyed to
the Townsend Land Company by deed recorded November
6, 1930 in Book 429, page 414 of Official Records.
Also excepting therefrom the portion included
in Parcel 5 hereinafter described.
Parcel 4. County of Orange, State of California:
All oil, gas and similar hydrocarbon substances in
or under the following described parcel of land:
That, portion of Lot "B" of the Banning 'bract, as
shown on a Map of said Tract filed in the case of
Hancock Banning and others vs. Mary H. Banning,
Case No. 6385, particularly described as follows;
Beginning At a point in the Easterly line of the
300 foot strip of land for Santa Ana River `channgl,
as described .in the deed to the Newbert Protection
District recorded June 22, 1911 in Book 197, page
300 of Deeds, which point is North 71 deg. 20 min.
East 510.47 feet from the Southwest corner of said
Lot "B", which last mentioned corner is also Sta-
tion 149 of the Rancho Santiago de Santa Ana; thence
North 13 deg. 25 min. East along the Easterly line
of said 300 foot strip of land 660 feet; thence
South 76 deg. 35 min. East 660 feet; thence South
13 deg. 25 min. West 660 feet; thence -North 76 deg.
35 min. West 660 feet to the point of beginning,
together with the right to drill for, extract and
produce the same under the conditions of the Final
Judgment of Condemnation rendered August 20, 1937
in the action entitled City of Newport Beach,
plaintiff, vs. Townsend Land Company and others,
defendants, Case No. 34747 , Superior Court of Orange
County, California.
Parcel 5. City of Newport Beach, County of Orange:
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A parcel of land in Section 29, Township 6 South,
Range 10 West, S,B.B,&,M„ more particularly de-
scribed as follows:
Beginning at a point on .the Southerly line of
State Highway U. S. No, 101 (100 feet wide) which
is South 19 deg. 54 min.. 30 sec. West 50 feet
from Station E. C. 707 plus 87.80 of said State
Highway; thence South 70 deg. 05 min. . 30 sec.East
along said Southerly line 180 feet;. thence South-
westerly in .a direct line to a point in the East-
erly line of Coast Boulevard (80 feet wide) , said
point being South .19 deg. 41 min. 50 sec. East,
measured along said Easterly line, 180 feet from
the most Southerly end of a tangent curve of 40
foot radius and concave to the Southeast and de-
scribed in the Agreement recorded August .9, 1927
in Book 70, page 408 of Official Records; thence
North .19 deg. 41 min. 50 sec. West .along .said
Easterly line 180 feet to the point of beginning
of the tangent curve of 40 foot radius and .con-
cave to the Southeast; thence Easterly along .said
curve 61.50 feet to the Southerly line of State
Highway U.S. No. 101 (100 feet wide) being a
curve; thence Easterly along said curve concave
to the North, whose radius is 1050 feet and whose
initial radius bears North. 20 deg. 26 min. 37 sec.
East, a distance of 10.12 feet to the point of
beginning.
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�41e�enme fn
` THE CITY OF HUNTINGTON BEACH
MAP ON FILE
WITH CITY CLERK
PLACE OF RESIDENCE
lE OF SIGNER GIVING STREET & NUMBER PRECINCT
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Senate Bill No.871
CHAPTER 886
An act to amend Sections 35121.1 and 35313.2 of the Govern-
ment Code, relating to annexation of territory by cities.
[Approved by Governor June 11, 1963. Filed with
Secretary of State June 11,1963.]
The people of the State of California do enact as follows:
SECTION 1. Section 35121.1 of the Government Code is
amended to read:
35121.1. The city legislative body shall find and declare by
resolution adopted 'at the hearing or within 30 days after
the closing of the hearing on protests whether or not a ma-
jority protest has been made. If it does not adopt such a reso-
lution within such period, it shall be deemed to have adopted
on the 30th day a resolution that a majority protest has
been made.
If a resolution finding and declaring that a majority protest
is made is adopted or deemed adopted, no further proceedings
for the annexation of any of the same territory to the city
shall be taken for one year after the date of the adoption of
the resolution.
SEC. 2. Section 35313.2 of said code is amended to read:
35313.2. , The city legislative body shall find and declare
by resolution adopted at the hearing or within 30 days after
the closing of the hearing on protests whether or not a majority
protest has been made. If it does not adopt such a resolution
within such period, it shall be deemed to have adopted on the
30th day a resolution that a majority protest has been made.
If a resolution finding and declaring that a majority protest
is made is adopted or deemed adopted, no further proceedings
for the annexation of any of the same territory to the city
shall be taken for one year after the date of the adoption of
the resolution.
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Assembly Bill No. 238
CHAPTER 889
An act to amend Section 35120 of the Government Code,
relating to annexations to cities.
[Approved by Governor June 11, 1963.Filed with
Secretary of State June 11, 1963.]
The people of the State of California do enact as follows:
SECTION 1. Section 35120 of the Government Code is
amended to read:
35120. At any time not later than the hour set for hear-
ing objections to the election, any owner of property within
the territory may make a written protest against the annexa-
tion. If at the time set for hearing objections to the annexa-
tion, protests have been filed which are insufficient to terminate
further proceedings, the meeting shall be recessed for a period
of not less than 10 days and supplemental protests may be
filed within such period.and until the hour set for reconvening
the hearing. If no protest has been filed, the meeting need not
be recessed to allow filing of any supplemental protests. The
protest shall state the .name of the owner.of the property
affected and the street address or other description of the
property sufficient to identify it on the last equalized assess-
ment roll. A,metes and bounds description shall not be re-
quired if the property can be otherwise described in a manner
sufficient to identify it on the last equalized assessment roll.
As used in this article, "owner" means the owner as shown
on the last equalized assessment roll, or the person or persons
entitled to be shown as owner on the current assessment roll
who shall be deemed the owner, or where such land is subject
to a recorded written agreement to buy, the purchaser under
such agreement to buy shall be deemed the owner. Protests
may be made on behalf of the owner by an agent authorized
in writing by the owner to act as agent with respect to such
land, except that protest may be made on behalf of a private
corporation which is an owner of property by any officer or
employee of the corporation without written authorization by
the corporation to act as agent or make such protest.
If protests are.made by petition, the petition shall contain
the same information required of individual protests, and there
shall be attached to the petition an affidavit made by a voter
or owner of property within the territory described in the
petition, or an agent of either such owner or voter. The affi-
davit shall state that the-affiant circulated that particular
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paper, saw written the signatures appended thereto; that he
resides at ________; and that according to the best informa-
tion and belief of affiant:
(a) Each is the genuine signature of the person whose name
it purports to be.
(b) The signer is an owner or duly authorized agent of the
owner of property within the territory.
The city shall, on request and without charge, provide forms
of protest petitions and the affidavit required by this section
to owners of property within the territory.
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Assembly Bill No. 1082
CHAPTER 891
An act to add Section 35002.2 to the Government Code,
relating to municipal corporations.
[Approved by Governor June 11, 1963. Filed with
Secretary of State June 11, 1963.]
The people of the State of California do enact as follows:
SECTION 1. Section 35002.2 is added to the Government
Code,to read:
35002.2. The boundary commission may change the bound-
aries submitted to it before making its report, if:
(a) The proponents of the annexation or the city initiating
the annexation consent thereto, and
(b) The annexation of the newly described territory will
comply in all respects with all of the provisions of this ar-
ticle,and
(c) The new boundaries do not include any territory which
could not have been included when the original proposal was
filed.
If any portions of the amended boundaries lie within three
miles of the territorial limits of any city to which notice of
the proposed annexation has not been given, within five days
after such change in boundaries the boundary commission shall
notify the legislative body of such city of the'proposed annexa-
tion.
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Assembly Bill No. 1729
CHAPTER 1079
An act to repeal Section 35151 of the Governnte^,�t Code,,
relating to annexation of territory.
[Approved by Governor June 29, 1963. Filed with
Secretary of State July 1, 1963.1
The people of the State of California do enact as follows:
SECTION 1. Section 35151 of the Government Code is re-
pealed.
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Senate Bill No. 141
CHAPTER 862
An act to amend Section 35311 of the Government Code,
relating to the annexation of territory to cities.
[Approved by Governor June 11, 1963. filed with
Secretary of State June 11, 1963.]
The people of the State of California do enact as follows:
SECTION 1. Section 35311 of the Government Code is
amended to read:
35311. The city clerk of the annexing city shall cause a
copy of the resolution to be published at least twice, but not
oftener than once a week, in a newspaper of general circula-
tion published in the city, and also in a newspaper of general
circulation published outside of the city but in the county in
which is located the territory proposed to be annexed; publica-
tion to be complete at least 20 days prior to the date set for
the hearing. If there is no newspaper of general circulation
published within the annexing city, he shall post a copy of
the resolution not less than 20 days before the hearing in at
least three conspicuous places within the territory. If proceed-
ings are initiated by petition of the owner or owners of all of
the territory to be annexed publication of the resolution out-
side of the city is not required.
(a) The city clerk of the annexing city shall also cause
written notice of such proposed annexation to be mailed to
each person to whom land within the territory proposed to be
annexed, is assessed in the last equalized county assessment
roil available on the date the proceedings were initiated, at the '
address shown on said assessment roll or as known to said
clerk, and to any person who has filed his name and address
and the designation of the ]ands in which he has any interest,
either legal or equitable, with said clerk.
(b) In the event any land within the territory proposed
to be annexed to a city is owned by a county, the city clerk
of the annexing city shall also cause- written notice of such
proposed annexation to be ]nailed to the board of supervisors
of such county.
(c) In the event any land within the territory proposed to
be annexed to a city is tide or submerged land owned by the
State, the city clerk of the annexing city shall also cause writ-
ten notice of such proposed annexation to be mailed to the
State Lands Commission. Such notice shall be given not less
. 1
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than 45 days before the first public hearing on the proposed
annexation.
The notices referred to in subsections (a) and (b) shall be
given not less than 20 days before the first public hearing on
the proposed annexation; provided, that such notices need not
be sent if the owner or owners of all of the territory to be an-
nexed have petitioned for annexation or filed their consent to
such annexation in writing with the legislative body.
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Assembly Bill No. 1784
CHAPTER 1082
An act to ainend Section 35313 of the Government Code,
relating to city annexation.
[Approved by Governor June 29,.1963. Filed with
Secretary of State July 1, 1963.)
The people of the State of California do enact as follows:
SECTION 1. Section 35313 of the Government Code is
amended to read
35313. At the time set for hearing protests, or to which
the hearing may have been continued, the legislative body
shall hear and pass upon all protests so made:
(a) If privately owned property and no publicly owned
property is proposed to be annexed, further proceedings shall
not be taken if protest is made by private owners of one-half
of the value of the territory proposed to be annexed. The value
given such property for protest purposes shall be that shown
on the last equalized assessment roll if the property is not
exempt from taxation. If the property is exempt from taxa-
tion, its value-for protest purposes shall be determined by the
county assessor in the same amount as he would assess such
property if it were not exempt from taxation.
(b) If privately owned property and publicly owned prop-
erty are proposed to be annexed in the same proceeding, fur-
ther proceedings shall not be taken if protest is made by
public and.,private owners of one-half of the value of the
territory. The value given privately owned property shall be
determined pursuant to subdivision (a) of this section. The
value given publicly owned property for protest purposes shall
be determined-by the county assessor .in the same manner
as is provided in subdivision (a)_ of this section for privately
owned property, exempt from taxation.
(c) As used in this article, "value of the territory" means
the value of laud and improvements thereon.
(d) The value for protest purposes to be•given property
held iu joint tenancy or tenancy in common shall be deter-
mined by the legislative body in proportion to the proportion-
ate interest of the protestant in such property.
(e) When prroperrt is subject to„a written recorded a-ree-
�� meat to uy�-,-the`pilrchaser un ler the agreement may protest
1
— 2 —
G, and the seller may not even though he is shown as the own
on t e last equalized assessmen ro
Determina io s the value of publicly owned property or
privately owned property exempt from taxation by the county
assessor for protest purpose shall be obtained from the assessor
by t e ro es ant and submitted. to the legislative o y with
tt ee written pro es '-
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Assembly Bill No. 1150
CHAPTER 1093
An act'to add article 6 (commencing with Section 35400) to
Chapter 1 of Part 2 of Division 2 of Title 4 of the Govern-
meat Code, relating to annexation of enclosed territory.
[Approved by Governor June 29, 1963.Filed with
Secretary of State July 1, 1963.)
The people of the State of California do enact as follows:
SECTION 1. Article 6 is added to Chapter 1 of Part 2'of
Division 2 of Title 4 of the Government Code, to read:
Article 6. Annexation of Enclosed
Territory Act of 1963
35400. This article may be cited as the Annexation.of En-
closed Territory Act of 1963.
35401. When proceedings for the annexation of territory
to a city are commenced pursuant to this article, the provi-
sions of this article and of Article 1 of this chapter alone
apply. This article shall apply only to territory which prior
to January 1, 1963, constituted "enclosed territory" as defined
in Section 35405.
35402. The boundaries of the city may be altered and en-
closed territory annexed to and incorporated within it purse"
ant to this article.
35403. 1 The provisions of Sections 35002.3, 35002.5, and
35008 shall not,apply to proceedings instituted under this arti-
cle, except that any territory annexed pursuant to this article
must abut territory within the city at at least one point.
35404. Real property belonging to a public agency may be
annexed pursuant to this article.
35405. "Enclosed territory" for the purposes ,of this
article shall mean all or any part of lands less than 10 acres
in total area, which said lands are completely surrounded. by
the annexing city. Enclosed territory may be annexed pursu-
ant to this article regardless of whether the enclosed territory,
proposed to be annexed, is inhabited territory or uninhabited
territory within the meaning of this chapter.
35406. Proceedings for the annexation of territory may
be initiated by the city council on its own motion or upon,.the
request of one or more property owners within the enclosed
territory.
— 2 _
35407. Upon receiving a written petition requesting an-
nexation, containing a description of the territory sought to
be included in the city, and signed by the owners of any of the
land within the enclosed territory, the legislative body may
pass a resohition giving notice of the proposed annexation.
35408. The legislative body of a city may initiate proceed-
ings to annex the territory on its own motion without requir-
ing a petition. If it does, the resolution giving notice shall de-
clare that proceedings have been initiated by the legislative
body and set forth its reasons for desiring annexation.
35409. The resolution shall describe the boundaries of the
territory specifically, designate it by an appropriate name, and
contain a notice of the time and place the legislative body will
hear written protests against the annexation made by any
person owning real property within the territory. In the reso-
lution, the legislative body may set a date when, pursuant to
Section 35318, the annexation will become effective if such
annexation is completed.
35410. The hearing shall be set not less than 40 n9r more
than 60 days after the passage of the resolution; provided,
however, that if the owner or owners of all of the territory to
be annexed have petitioned for annexation or filed their con-
sent to such annexation in writing with the legislative body,
the legislative body may proceed as set forth in Section 35416.
35411. The city clerk of the annexing city shall cause a
copy of the resolution to be published at least twice, but not
oftener than once a week, in a newspaper of general circula-
tion published in the city, publication to be complete at least
20 days prior to the date set for the hearing. If there is no
newspaper of general circulation published within the an-
nexing city, he shall post a copy of the resolution not less than
20 days before the hearing,in at least three conspicuous places
within the city.
(a) The city clerk of the annexing city shall also cause
written notice of such proposed annexation to be mailed to
each person to whom land within the territory proposed to
be annexed, is assessed in the last equalized county assessment
roll available on the date the proceedings were initiated, at
the address shown on said assessment roll or as known to said
clerk, and to any person who has filed his name, address, or
mailing address and the designation of the lands in which he
has any interest, either legal or equitable, with said clerk.
(b) In the event any land within the territory proposed to
be annexed to a city is owned by a county, the city clerk of
the annexing city shall also cause a written notice of such
proposed annexation to be mailed to the board of supervisors
of such county.
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The notices referred to in subsections (a) and (b) shall be
given not less than 20 days before the first public hearing on
the proposed annexation.
35412. At any time prior to final adjournment of the hear-
ing on protests, any owner of property within the territory
may file written protest against the annexation. The protest
shall state the name of the owner of the property affected and
the street address or other description of the property suffi-
cient to identify it on the last equalized assessment roll. A metes
and bounds description shall not be required if the property
can be otherwise described in a manner sufficient to identify it
on the last equalized assessment roll. As used in this article,
"owner" means the owner as shown on the last equalized
assessment roll, except that the person entitled to be shown as
owner on the current assessment roll shall be deemed the
owner, and except that, where the property affected is subject
to a recorded written agreement to buy, the purchaser under
such agreement to buy shall be deemed the owner. Protests
may be made or withdrawn on behalf of the owner by an agent
authorized in writing by the owner to act as agent with respect
to such land, except that protest may be made or withdrawn
on behalf of a private corporation which is an owner of prop-
erty by any officer or employee of the corporation without
written authorization by the corporation to act as agent or
make such protest.
35413. Protests may be filed by the owner of any property
included within the territory proposed to be annexed. The
city council may continue the hearing from time to time and
the owner of any property may at any time withdraw the
protest on his property. For the purposes of this section, the
"owner" shall mean the person shown on the last equalized
assessment roll, or the person owning the equitable interest in
the subject real property.
35414. The city legislative body shall find and declare by
resolution adopted at the hearing or within 10 days after the
hearing on protests whether or not a majority protest has been
made. If it does not adopt such a resolution within such period,
it shall be deemed to have adopted on the 10th day a resolution
that a majority protest has been made.
If a resolution is adopted or deemed adopted finding and
declaring that a protest is made by the owners of real property
within the territory proposed to be annexed the assessed value
of which, as shown by the last equalized assessment roll, con-
situtes more than one-half of the total assessed value of the
real property within the territory proposed to be annexed, no
i further proceedings for the annexation of any of the same
territory to the city shall be taken for one year after the date
of the adoption of the resolution.
-- 4 —
35415. If the city legislative body finds by resolution adopted
pursuant to Section 35414 that a majority protest has not been
made, the legislative body shall approve or disapprove- the
annexation by ordinance adopted within 60 days after the
hearing on protests. If the legislative body fails to adopt the
ordinance within such period, it shall be deemed to have
adopted, on the 60th day of such period, an, ordinance dis-
approving the annexation.
35416. As an alternative to the foregoing proceedings, in
the event that all of the owners of land located within an enclosed
territory request or consent in writing to annexation of said
land to the city, the city legislative body may, after complying
with Section 35002, adopt an ordinance annexing said land to
the city.` Such written request shall not be deemed a'petition
within the meaning of Section 35002.
35417. When.an ordinance approving annexation becomes
effective, the clerk .of the legislative body shall immediately
prepare under seal a certified copy of the ordinance, giving
the date of its passage, and transmit it to the Secretary of
State.
35418. Upon receipt of the certified copy of the ordinance,
the Secretary of State shall file it and transmit certificates of
filing to the clerk of the city legislative body and the board
of supervisors of the county in which the city is situated.
35419. From the date of filing by the Secretary of State,
annexation proceedings are complete. The annexed territory is
a part of the city from the date fixed'by, the legislative body
in the resolution described in Section 35409, but not later than
one year after the date of filing by the Secretary of State or the
due date of property taxes levied by the city in the territory,
whichever occurs first,.except that for the purpose of eompli- .
ance with Sections 34080 and 54900 of this code, and any,
action required for the assessment and levy of property taxes,
the territory shall be deemed part of the city from the date of
filing by the Secretary of State.-If no date is fixed by the legis-
lative,body in the resolution described.in Section,35409, the'
territory is a part of the city for all purposes from the date of
filing by the Secretary of State'or the date of the filing of the
affidavit with the recorder of the county pursuant to Section
34080, whichever occurs later.
35420. All proper expenses of proceedings for annexation
pursuant to this article shall be paid.by the city annexing or
attempting to annex the territory.
35421. 'Where territory is annexed to a city divided into .
wards, or to a city which later divides itself into wards, the
legislative body, by ordinance, shall-alter the boundaries of
the city wards to include the annexed territory in one or more
' r
— 5 .—
wards adjoining the territory, or make one or more additional
wards out of the annexed territory. The number of wards shall
not be increased to exceed the number which the city is allowed
by law.
35422. In altering the boundaries of wards, or creating new
wards,'each ward shall contain, as nearly as possible, an equal
number of inhabitants eligible to citizenship.
35423. Any proceeding held pursuant to this article does
not alter or affect the boundaries of any senatorial or assembly
district.
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Senate Bill No. 196
CHAPTER 1348
An act to amend Section 35201.5 of the Government Code',
relating to the annexation of territory to cities.
[Approved by Governor July 11, 1963. Filed with
Secretary of State July 12, 1963.]
The people of the State of California do enact as follows;:
SECTION 1. Section 35201.5 of 'the Government Code is
amended to read:,
35201.5. Pursuant to this article, a city may 'annex non-
contiguous territory not exceeding one hundred acres in area
which lies.in the same county as that in which the city is
situated and which is owned by the city and used for a munic-
ip'al 'purpose except that no territory may be annexed under.
the provisions of this article if, at the time the territory is
proposed for annexation, one or more registered voters reside
in the territory. If after the completion of such annexation,
the city sells such territory or any part thereof or one or more
registered voters reside thereon, such territory or part thereof
ceases to be a part of the city.
If territory is annexed pursuant to this section, the annex-
ing city may not annex any territory.not owned by it and not
contiguous to it although such territory is contiguous to the
territory annexed pursuant to this section.
Notwithstanding any other provision of this section to the
contrary, a city which annexes territory pursuant to this see-
tion,may annex pursuant to this article additional territory
which is owned by the State of California and which is con-
tiguous to such first annexed territory if the total acreage of
the first 'annexed and the subsequently annexed territory to-
gether does not exceed 100 acres in area. If after the comple-
tion of such subsequent annexation, the city sells all of-such
first annexed territory or one or more registered voters reside
thereon, the subsequently annexed territory ceases to be part
of the city.
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Senate Bill No. 1229
CHAPTER 1474
An act to add Section 35310.1 to the Government Code, relat-
ing to the annexation of territory to cities.
[Approved by Governor July 13,1963.Filed with
Secretary of State July 16,1963.]
The people of the State of California do enact as follows:
SECTION 1. Section 35310.1 is added to the Government
Code, to read:
35310.1. If the petition is signed or consent has been filed
by the owners of all of the land in the territory proposed to be
annexed, the resolution giving notice shall declare such fact.
No written protests may be filed against the annexation by
persons owning property in the territory proposed to be
annexed.
The hearing shall be set not more than 30 days after the
passage of the resolution. The city clerk of the annexing city
shall cause a copy of the resolution to be published at least
once in a newspaper of general circulation published in the
city. Publication shall be complete at least four days prior
to the date set for the hearing. If there is no such newspaper
published within the annexing city, the city clerk shall post
a copy of the resolution not less than seven days before the
hearing in at.least three conspicuous places within the territory
to be annexed.
At the hearing on the annexation, the city legislative body
shall hear protests from any owner of property within the
city who does not also own property in the territory to be
annexed.
At the hearing, the city legislative body may make such
changes in the boundaries of the territory proposed to be
annexed as it finds proper, but it shall not include any terri-
tory,outside of the boundaries described in the resolution
giving notice of the proposed annexation nor shall it diminish
the land area of the territory proposed to be annexed by more
than 5 percent. Section 35313.6 is applicable to any such
boundary changes.
At the hearing, or within 30 days after the completion of
the hearing, the city legislative body shall, by resolution, ap-
prove or disapprove the annexation. If it fails to adopt the
resolution within such period, it shall be deemed to have
adopted, on the 30th day of the same period, a resolution
disapproving the annexation.
I _ 2
A resolution approving or disapproving the annexation shall
be considered the same as an ordinance referred to in other sec-
tions of this article.
Sections 35307, 35311, 35312, 35313, 35313.2, 35313.5 and
35314 do not apply to annexation proceedings under this
section.
O
Assembly Bill No. 1662
CHAPTER 1808
An act to add Chapter 6.6 (commencing with Section 54775)
to Part 1, Division 2, Title 5 of the Government Code, relat-
ing to the formation of cities and districts.
[Approved by Governor July 17,1963.Filed with
Secretary of State,July 19, 1963.]
The people of the State of California do enact as follows:
SECTION 1. Chapter 6.6 (commencing with Section 54775)
is added to Part 1, Division 2, Title 5 of the Government Code,
to read:
CHAPTER 6.6. LOCAL AGENCY FORMATION COMMISSION
54775. As used in this chapter:
(a) "Commission" means a local agency formation com-
mission.
(b) "Special district" means an agency of the State for the
local performance of governmental or proprietary functions
within limited boundaries. "Special district" does not include
the State, a city, a county, or a school district. "Special dis-
trict" does not include a special assessment district formed
under the Improvement Act of 1911, the Municipal Improve-
ment Act of 1913, the Street Opening Act of 1903, the Vehicle
Parking District Law of 1943, the Parking District Law of
1951, the Pedestrian Mall Law of 1960, or similar assessment
law, or similar procedural ordinance adopted by a chartered
city. "Special district" does not include an improvement dis-
trict or zone formed for the sole purpose of designating an
area which is to bear a special tag or assessment for an im-
provement benefiting that area.
(c) "Local agency" means city or special district.
54775.1. As used in Sections 54776, 54776.1, 54776.2,
54776.3, and 54779:
(a) "County officer;'means:
(1) Member of the board of supervisors.
(2) County clerk.
(3) County auditor or county controller.
(4) County assessor.
(5) County surveyor or county engineer.
(6) County registrar of voters.
(b) "City officer"means mayor or member of a city council
or legislative body of the city.
(R) L-3620 1M
- 2 -
54776. There is hereby created in each county of the State
a local agency formation commission.
Except as provided in Sections 54776.1 and 54776.2, the'
commission'shall consist of five members, selected as follows:
(a) Two representing the county, each of whom shall be a
county officer, appointed by the board of.supervisors.
(b) Two.representing the cities in the county, each of whom '
shall be a city officer,appointed by the city selection committee..
(c) One representing the general public, appointed by the
other four members of the commission.
54776.1. If there is no city in the, county, the commission
shall'consist of five members; selected as follows:
(a) Three representing the county, each of whom shall be a
county, officer, appointed by the board of 'supervisors:';
(b) Two representing the general public, appointed by the
other three members of the commission'.
54776.2.' If there-is only one city in the 'county, the com-
mission shall consist of five members, selected as follows:
(a).-Two representing the.county, each of whom shall be a
county officer, appointed by the board'of supervisors.
(b) One representing the city, who shall be a city officer,
appointed by the legislative body of.the city., ,
(c) Two representing the general public, appointed by the
other three members of,the commission.
54776.3. A city or county officer may serve as a member of
the commission while holding office as a city or county officer.
54777. Except as provided in this section, the term of of-
flee of each. member shall be four years and until the first
appointment and qualification of his successor. The first mem-.
bers of the commission shall-classify themselves by lot so that
the term`of office of one member is one year,.of one member
is two years, of two members is three years and of one member
is four"years. The,power which originally appointed a member
whose term has expired shall appoint his successor for full
term of four years. Any member may be removed by the power `
appointing him.
Any vacancy in the membership of the commission shall be
filled for the unexpired,term by appointment by the power
which originally appointed the member whose position has,be-
come vacant.
The .chairman of the commission-shall be selected by the
members thereof.'
Commission members shall serve without compensation but--
shall be reimbursed the actual amounts of their reasonable-`
and necessary expenses incurred in attending meetings and in
performing the duties of their office.
54778. For the purposes of this chapter there shall be a
city selection'committee for each county. The membership of -_
- 3 —
such committees shall consist of the mayor of each city within
such county, or, where there is no mayor, the chairman or
president of the city council.
A majority of the members of each city selection committee
shall constitute a quorum.
The city selection committee of each county shall meet within
60 days after the effective date of this chapter for the purpose
of making the first appointments to the commission. The com-
mittee of each county shall thereafter meet on the second
Monday in May of each year that it is necessary to make
succeeding appointments to the commission.
54779. If a member ceases to be an officer of the entity he
was appointed to represent on the commission, his membership
on the commission shall thereafter be considered vacant.
54780. The commission shall have the following powers and
duties subject to the limitations upon its jurisdiction herein
set forth:
(1) To review and approve or disapprove with or without
amendment, wholly, partially or conditionally, the following:
(a) Proposals for the incorporation of cities.
(b) Proposals for the creation of special districts.
(2) To adopt standards and procedures for the evaluation
of proposals for the creation of cities or special districts.
54781. (a) Before a notice of intention to circulate a peti-
tion seeking the incorporation of a new city may be filed the
proponents shall file a notice of intention to form the new city
with the commission. The notice shall contain the specific
boundaries of the territory proposed to be incorporated.
(b) After the provisions of Section 34303.5 have been com-
plied with, and within 10 days after the date the clerk of the
board of supervisors certifies, pursuant to Section 34306 of
the Government Code, that a petition is properly signed and
correctly describes the boundaries of the proposed city, the
clerk shall notify the commission of, such action. No further
action shall be taken concerning the proposed incorporation
until the commission has rendered its decision as provided in
Section 54787.
54782. (a) Before proceedings are initiated to form a spe-
cial district the proponents of the creation of such district shall
file a notice of intention to form the special district with the
commission. The notice shall contain the specific boundaries of
the proposed district and a description of the kind of district
proposed to be formed. For the purpose of this subdivision
proceedings to initiate the formation of a special district mean:
(1) The circulation of a petition to form a special district
or the filing of notice to circulate such a petition if such notice
is required.
=4 —
(2) The adoption of a resolution or ordinance by the board
of supervisors initiating the formation of a special district.
(b) After the provisions, if any, of law requiring the sub-
mission of the boundaries of the proposed,_special district to
the county boundary commission for review have been com-
plied with, and within 10 days after the determination by
the appropriate officer or body as to the sufficiency of the
petition, or, if proceedings have not been initiated by petition,
within 10 days after the boundaries of the proposed district
have been finally determined by the agency having the power
to,make such determination, the officer, body, or agency mak-
ing such determination shall notify the commission of such
action. No further action shall be taken concerning the pro-
posed formation until the commission has rendered its decision
as provided in Section 54787.
54784. Following receipt of the notice prescribed by sub-
division (b) of Section 54781 or subdivision (b) of Section
54782, the commission shall set the date, time, and place for
a public hearing.on the proposal. The date of the hearing shall
not be more than 60 days following receipt by the commission
of the notice heretofore described in this section. The commis-
sion' shall notify the governing body of each city or special
district having jurisdiction within the boundaries of the pro-
posed city or district, the governing body of each city within
three miles of the exterior boundaries of the proposed city or
district, any interested party who has filed a written request
with the executive officer of the commission for such notice,
and the proponents of the formation petition, of the date, time,
and place of the public hearing, at least 15 days prior to the
date fixed for the hearing. In addition, notice of the hearing
shall be published pursuant to Section 6061 in a newspaper
of general circulation in each city or special district within
the boundaries of the proposed city or district at least 15 days
prior to the date fixed for the hearing. The hearing shall be
held at the county seat of the county or one of the counties
in which the city or district is proposed to be formed, or in
a city or other place in the county designated by the com-
mission.
54785. At the hearing, the commission shall hear any in-
terested parties having made formal request to appear and
be heard, and the report of the commission's staff. The com-
mission and its presiding officer shall'have the power to make
and enforce such rules and regulations as will provide for
orderly and fair conduct of the hearings.
- 5 -
54786. Factors to be considered in the review of a proposal
for the creation of a proposed city or district shall include but
not be limited to:
(1) Population; population density; land area and land
uses; per capita assessed valuation; topography, natural
boundaries, and drainage basins; proximity to other popu-
lated areas; the likelihood of significant growth in the area,
and in adjacent incorporated and unincorporated areas, dur-
ing the next 10 years.
(2) Need for organized community services; the present
cost and adequacy of governmental services and controls in
the area; probable future needs for such services and controls;
probable effect of the proposed formation and of alternative
courses of action on the cost and adequacy of services and con-
trols in the area and adjacent areas.
(3) The effect of the proposed formation, and of alternative
actions, on adjacent areas, on mutual social and economic in-
terests and on the local governmental structure of the county.
54787. Upon conclusion of the hearing, the commission may
take the matter under consideration and shall, within 30 days
following conclusion of the hearing, present its determination.
The commission may also adjourn a hearing from time to
time, but not to exceed a total of 60 days.
If the commission approves the formation of the proposed
city or district, proceedings for its formation may be continued
as otherwise provided by the governing law. If the commission
disapproves the proposed formation, further proceedings to
form the city or district shall terminate. If the commission ap-
proves the proposed formation with modifications or condi-
tions, further proceedings for the formation may be continued
only in compliance with such modifications or conditions.
54788. The board of supervisors shall furnish the commis-
sion with necessary quarters, equipment, and supplies, and
the usual and necessary operating expenses incurred by the
commission shall be a county charge.
54789. If the commission disapproves the formation of the
proposed city, no notice of intention to form a new city com-
posed of the same or substantially the same territory may be
filed with the commission for at least one year after the date
of disapproval.
If the commission disapproves the formation of the proposed
special district, no notice of intention to form a special dis-
trict, under the same provisions of law providing for the for-
mation of the special district which was disapproved, which
is composed of the same or substantially the same territory
may be filed with the commission for at least one year after
the date of disapproval.
54790. The county boundary commission shall render ad-
visory services to the local agency formation commission upon
its request. The staff of each member of ,the county boundary
commission shall be available to the local agency formation
commission to assist Win carrying out its functions under this
chapter.
54791. The commission may appoint an executive officer .
who shall conduct and perform the day-to-day business of the
commission. If the commission does not-appoint an executive
officer, the county administrator, or, if there is none; the
county clerk, shall act as executive officer for the commission.
To the extent that the assistance rendered to the commission
under Section 54790 is-insufficient for its needs, the commis- .
sion may appoint and assign staff personnel necessary for the
performance of its duties and functions and the.commission
may employ or contract for professional or consulting services
to carry out and effect the.functions specified in this chapter.
The commission may also,incur usual and necessary expenses
for the accomplishment of its functions.
. SEC. 2. If this bill and Senate Bill No. 861 are both en-
acted at,the 1963 Regular Session of the Legislature, a local
agency formation commission shall)be formed in each county
pursuant to Chapter 6.6 (commencing with Section 54775) of
Part 1, Division 2, Title 5 of the Government Code and no
local agency annexation commission shall be formed in any
county pursuant to Chapter 6.5 (commencing with Section
54750) of said part. In such case, the local agency forma-
tion commission shall have all of the powers vested in the
commission by said Chapter 6.6 and, in addition, shall in each
county,notwithstanding Government-Code Section 54751, have
all the powers vested by said Chapter 6.5 in a local agency
annexation commission and said Chapter 6.5 shall apply in
every county in the State.
SEc. 3. This act shall not apply to proceedings to form a
city,or special district which are initiated prior to the time
when the first members of the commission created by this act
are selected in the county in which lies the territory to be
included in the proposed city or special district.
In the case of proceedings to form a new city proceedings
are initiated for the purposes of the section by the filing of a
notice of intention to circulate a petition seeking the incorpo-
ration of a new city.
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L-3620 8-63 1M
Senate Bill No. 861.
CHAPTER 1810
An act to add Chapter 6.5 (commencing with Section 54750)
to Part 1, Division 2, Title 5,of the Government Code, relat-
ing to annexations of territory to local agencies.
[Approved by Governor July 17, 1963. Filed with
Secretary of State July 19, 1963.]
The people of the State of California do enact as follows:
SECTION 1. Chapter 6.5.(commencing with Section 54750)
is added to Part 1,Division 2, Title 5 of the.Government Code,
to read:
CHAPTER 6.5. LOCAL AGENCY ANNEXATION COMMISSION
54750. As used'in this chapter:
(a) "Commission" means a local agency annexation com-
mission.
(b) "Special district"means an agency of the State for the
local performance of governmental or,proprietary.functions
within limited boundaries. "Special district" does not include
the State, a city, a county, or a school district.
(c) "Local agency" means city or special district.
54750.1. As used in Sections 54753,'54753.05, 54756, and
54759:
(a) "County officer" means:
(1) Member of the board'of supervisors.
(2) County clerk.
(3) County auditor or county controller.
(4) County assessor.
(5) County surveyor or county engineer.
(6) .County registrar of voters.
(b) "City officer" means mayor or member of a city coup-
cil or legislative body of the city.
54751. This chapter does not apply to any county in which
there is no city or in which there is only one city.
54752. There is hereby created in.each county of the State
a local agency annexation commission.
54753. The commission shall consist of five members, se-
lected as follows:
(a) Two representing the county, each of whom shall be a
county officer, appointed by the'board of supervisors.
(b) Two representing the cities in the county, each of whom e
shall be a city officer, .appointed by the city selection com-
mittee.
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2 _
(c) One representing the general public, appointed by the
other four members of the commission.
547.53.05. A city or county officer may serve as a member
of the commission while holding office as a city or county
officer.
54753.1. . Except as provided in this section, the term of
office of each (member shall be four years and until the first
appointment and qualification of his successor. The first mem-•
bers'of the commission shall classify themselves'by lot so that
the term of office of one member is one year, of one member
is two years, of two members is three years and of one member
is four years. The power which originally appointed a member
*.hose term has expired shall appoint his successor for full
term of four years. Any member may be removed.by the power
appointing him.
Any vacancy*in the membership of the commission shall
be filled for the unexpired term by appointment by•the power
which originally appointed the member whose position has be-
come vacant.
54754. For 'the purposes of this chapter there shall be a
city selection committee for each county. The membership of
such committees shall consist of the mayor of each city within
such county, or, where there is'no mayor, the chairman or
president of the city council.
A majority of the members of each city selection committee
shall constitute a quorum. 1
54755. The city selection committee of each county shall
meet within,60',days after the effective date of this chapter for:
the purpose. of making the first appointments to the commis-
sion. The committee 'of each county shall thereafter meet on
the second Monday in May of each.year that it is necessary
to make succeeding appointments to the commission.
54756. If a member ceases to be an officer of the entity
he was appointed to represent on the commission, his mem-
bership on the commission shall thereafter be considered
vacant.
54757: The chairman of the commission shall be selected .
by the members thereof.
54758. Commission members;shall serve without compen-
sation but shall be reimbursed`the actual amounts of their rea-
sonable and necessary.expenses incurred in attending meet-
ings and in performing the duties of their office.
54759. The city selection committee shall appoint one alter-
nate member of the commission in the same manner as it ap-
points a regular member. When the commission is considering
a proposal.for the annexation of territory to a city of which
one of the members of the commission,appointed under subdivi-
sion (b) of'Section'54753 is an officer, the member is disquali- '
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fied from participating in the proceedings of the commission
with respect to the proposal and the alternate member shall
serve in his place for such purpose.
54760. The commission shall have the following powers
and duties:
(1) To review and approve or disapprove, with or without
amendment, wholly, partially or conditionally, proposals for
the annexation of territory to local agencies within the county.
(2) To adopt standards and procedures for the evaluation
of proposals for the annexation of territory to local agencies
within the county.
54761. No petition seeking the annexation of territory to
a local agency shall be circulated or filed, nor shall any public
officer accept any such petition for filing, nor shall any gov-
erning body initiate proceedings to annex on its own motion
until it has filed a notice of intention to annex with the com-
mission. The notice shall contain the specific boundaries of
the territory proposed to be annexed.
54762. Except as provided in this section, no further action
shall be taken concerning the proposed annexation until the
commission has rendered its decision as provided in Section
54766. If other provisions of law which govern the annexa-
tion provide for the submission of the proposed boundaries
of the territory to be annexed to the county boundary com-
mission for review and report, such provisions of law shall
be complied with after the filing of a notice of intention with
the local agency annexation commission pursuant to Section
54761. A copy of the report,if any, shall be transmitted to the
local agency annexation commission.
54763. Following receipt of the copy of the report, if any,
of the county boundary commission and of the notice pre-
scribed by Section 54761, the commission shall set the date,
time, and place for a public hearing on the proposal. The
date of the hearing shall not be more than 60 days follow-
ing receipt by the commission of such notice. The commission
shall notify the governing body of each local agency having
jurisdiction within the boundaries of the territory proposed to
be annexed, and the governing body of each city within three
miles of the exterior boundaries of the territory proposed to
be annexed, any interested party who has filed a written re-
quest with the executive officer of the commission for such
notice, and the proponents of the annexation, of the date, time,
and place of the public hearing, at least 15 days prior to the
date fixed for the hearing.
54764. At the hearing, the commission shall hear any inter-
ested parties having made formal request to appear and be
heard, and the report of the commission's staff. The commis-
sion and its presiding officer shall have the power to make and
- 4 —
enforce such rules and regulations as will provide for orderly
and fair conduct of the hearings.
54765. Factors to be considered in the review of an an-
nexation proposal shall include but not be limited to:
(1) Population; population density; land area and land
uses; per capita assessed valuation; topography, natural
boundaries, and drainage basins; proximity to other populated
areas; the likelihood of significant growth in the area, and in
adjacent incorporated and unincorporated areas, during the
next 10 years.
(2) Need for organized community services; the present
cost and adequacy of governmental services and controls in the
area; probable future needs for such services and controls;
probable effect of the proposed formation and of alternative
courses of action on the cost and adequacy of services and
controls in the area and adjacent areas.
(3') The effect of the proposed annexation, and of alterna-
tive actions, on adjacent areas, on mutual social and economic
interests and on the local governmental structure of the
county.
54766. Upon conclusion of the hearing, the commission
may take the matter under consideration and shall, within 30
days following conclusion of the hearing, present its determi-
nation. The commission may also adjourn a hearing from time
to time, but not to exceed a total of 30 days.
If the commission approves the annexation, proceedings
therefor may be continued as otherwise provided by the gov-
erning law. If the commission disapproves the proposed an-
nexation, further proceedings to annex the territory to the
local agency shall terminate. If the commission approves the
proposed annexation with modifications or conditions, further
proceedings for the annexation may be continued.only in com-
pliance with such modifications or conditions.
54767. If the commission disapproves the annexation of
territory to a city, no notice of intention to annex the same
or substantially the same territory to that city may be filed
with the commission for at least one year after the date of
disapproval.
If the commission disapproves the annexation of territory
to a special district, no notice of intention to annex the same
or substantially the same territory to that special district may
be filed with the commission for at least one year after the
date of disapproval_
54768. If the territory of a special district lies.in more
than one county, the notice of intention to annex, required
by Section 54761 shall be filed with the commission of the
county in which the territory to be annexed lies.
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54769. The commission may appoint an executive officer
who shall conduct and perform the day-to-day business of
the commission. If the commission does not appoint an execu-
tive officer, the county administrator, or, if there is none, the
county clerk, shall act as executive officer for the commission. `
To the extent that the assistance rendered to the commis-
sion under Section 54770 is insufficient for its needs,•the com-
mission may appoint and assign staff personnel necessary
for the performance of its duties and functions and the com-
mission may employ and contract for professional or consult-
ing services to carry out and effect the function specified in
this chapter.
The commission may also incur usual and necessary ex-
penses for the accomplishment of its functions.
54770. The. county boundary commission shall render
advisory services to the local agency annexation commission
upon its request. The staff of each member of the county
boundary commission shall be available to the local agency
annexation commission to assist it in carrying out its functions
under this chapter.
54771. The board of supervisors shall furnish the commis-
sion with necessary quarters, equipment,.and supplies, and the
usual and necessary operating expenses incurred by the com-
mission shall be a county charge.
SEc. 2.1, This act shall become operative only if Assembly
Bill No. 1662 is enacted at the 1963 Regular Session of the
Legislature, and in such case at the same time as Assembly
Bill No. 1662 takes effect. If this bill and Assembly Bill No.
1662•are both enacted at the 1963 Regular Session of the Legis-
lature, no local agency annexation commission shall be formed
pursuant to Chapter 6.5 (commencing with Section 54750) of
Part 1, Division 2, Title 5 of the Government Code,but a local
agency formation commission shall be formed in each county
pursuant to Chapter 6.6 (commencing with Section 54775) of
said part.,The local agency formation commission shall have
all of the powers vested in the commission by said Chapter 6.6
and, in addition, shall, in each county, notwithstanding Gov-
ernment Code Section 54751, have all of the:powers vested by
said Chapter 6.5 in a local agency annexation commission and
Chapter 6.5 shall apply in each county in the State.
SEc. 3. This act shall not apply to proceedings to annex
territory to a local agency if the annexation petition has been
circulated or filed, or if a governing body has initiated pro-
ceedings to annex on its own motion, prior to the time when
the first members of the commission created by this act are
selected in the county or counties in which lies the annexing
local agency and the territory to be annexed.
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L-3620 8-63 1M
s
Senate Bill No. 156
CHAPTER 1894
An act to add Section 35014 to, and to amend Sections 35002.3,
35158 and 35326 of, the Government Code,relating to annex-
ations to,a city.
[Approved by Governor July 19, 1963. Filed with
Secretary of State July 24, 1963.]
The people of the State of California do enact as follows:
SECTION I. Section 35002.3 of the -Government Code is
amended to read:
35002.3. Territory shall. iiot be annexed-to a city if as a re-
sult-of such annexation .(1) unincorporated land territory is
completely surrounded by the annexing city or by land terri-
tory of such city on one or more sides and the Pacific Ocean
on the remaining sides; (2) a strip of unincorporated territory
less than 200 feet wide and more than 300 feet long is created;
or'(3) a strip of unincorporated territory consisting solely of
a highway or portion'thereof is created.
This section shall apply only to annexation proceedings com-
menced or instituted after the effective date of this section as -
amended by the Legislature at its 1963 Regular Session.
SLc. 2.- Section 35014 is added to said code, to read:
35014. No tide or submerged lands in the Pacific Ocean
which are owned by the State shall be annexed to a city except
that portion of the tide,or submerged lands encompassed within
the seaward extensions of the existing land boundaries of the
city, or of the proposed land boundaries of the territory being
annexed as,part of the same proceedings,extended from the
point where the land boundaries intersect the shoreline at such
an angle to the shoreline and following such a course or courses
as may be approved by the State Lands.Commission.
.The proposal for annexation, including a map and legal de-
scription•of the boundaries of the territory, shall be filed with
the State Lands Commission, prior to the filing of the proposal
with the boundary commission of the county as required by
Section 35002. The State Lands Commission shall approve or
disapprove of the boundaries of the annexation proposal and in
making such determination it shall, where feasible,and appro-
priate, require such extensions of the land boundaries of the
city to be at right angles to the shoreline at each point of inter-
section of the shoreline with the land boundaries of the city,
provided that, in the,interest of insuring an orderly and equi- f
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table pattern of offshore boundaries, it r4ay establish such other
angle,and such other courses for each �uch offshore boundary
as it may deem necessary considering any irregularity of the
shoreline, other geographical features, the effect of such off-
shore annexations on the uplands of & city and adjoining
territory, and the existing and potential boundaries of other
cities and of unincorporated communities.
The State Lands Commission shall report its decision to the
legislative body of the city within 30 days, and its determina-
tion of the proper offshore boundaries shall be conclusive.
Failure to report within the time limit shall be deemed ap-
proval of the boundaries.
SEC. 3. Section 35158 of said code*is amended to read:
35158. Territory shall not be annexed to a city pursuant to
this article if, as a result of such annexation, unincorporated
land territory is completely surrounded by such city or by land
territory of such city on one or more sides and the Pacific
Ocean on the remaining sides.
SEC. 4. Section 35326 of said code is amended to read:
35326. Territory shall not be annexed to a city pursuant to
this article if, as a result of such annexation, unincorporated
land territory is completely surrounded by such city or by land
territory of such city on one or more sides and the Pacific
Ocean on the remaining sides.
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Assembly Bill No. 1662
CHAPTER 1808
An act to add Chapter 6.6 (commencing with Section 54775)
to Part 1, Division 2, Title 5 of the (government Code,rdlat-
ing to the formation of cities and districts.
[ApDroved by Governor July 17,1968.Filed with
secretary of State July 19. 1968.]
The people of the State of California do enact as follows:
SwnoN 1. Chapter 6.6 (commencing with Section 54775)
is added to Part 1,Division 2, Title 5 of the Government Code,
to read:
CsArm 6.6. LocAL AGnxcy FORx tTroN COxxmroN
54775. As used in this chapter: .
(a) "Commission" means a local agency formation com-
mission.
(b) "Special district"means an agency of the State for the
local performance of governmental or proprietary functions
within limited boundaries. "Special district" does not include
the State, a city, a county, or a school district. "Special dis-
trict" does not include a special assessment district formed
under the Improvement Act of 1911, the Municipal Improve-
ment Act of 1913, the Street Opening Act of 1903, the Vehicle
Parking District Law of 1943, the Parking District Law of
1951, the Pedestrian Mall Law of 1960, or similar assessment
law, or similar procedural ordinance adopted by a chartered
city. "Special district" does not include an improvement dis-
trict or zone formed for the sole purpose of designatilig an
area which is to bear a special tax or assessment for an im-
provement benefiting that area.
(c) "Local agency" means city or special district.
54775.1. As used in Sections 54776, 54776.1, 54776.2,
54776.3, and 54779:
(a) "County officer"means:
(1) Member of the board of supervisors.
(2) County clerk.
(3) County auditor or county controller.
(4) County assessor.
(5) County surveyor or county engineer.
(6) County registrar of voters.
(b) "City officer"means mayor or member of a city council
or legislative body of the city.
(R) L-3620 IM
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5477t There is hereby created in each county of the State
a local agency formation commission.
Except as provided in Sections 54776.1 and 54776.2, the
commis+euon shall consist of five members, selected as follows:
(a) "Two representing the county, each of whom shall be a
county officer,appointed by the board of supervisors.
(b) Two representing the cities in the $ounty, each of whom
shall be a eity officer,appointed by the city selection committee.
j (c) One representing the general public, appointed by the
other four members of the commission.
54776.1. If there is no city in the county, the commission
shall consist of five members, selected as follows:
(a) Three representing the county, each of whom shall be a
county dffieer, appointed by the board of supervisors.
(b) Two representing the general public, appointed by the
other three members of the commission.
547762. If'there is only one city in the county, the com-
mission shall consist of five members, selected as follows:
(a) Two representing the county, each of whom shall be a
county officer, appointed by the board of supervisors.
(b) One representing the city, who shall be a city officer,
appointed'by the legislative body of the city. .
(o) Two representing the general public, appointed by the
other three members of the commission. -
5477&a: A city or county officer may serve as a member of
the commission while holding office as a city or county officer.
54777.' Except as provided in this section, the term of of.
flee of each member .shall be four years and until the first
appointment and 4iuMfieation of his successor. The first mem-
bers of the commission shall 'classify themselves by lot so that
the term of office of one member is one year, of one member
is two-years,of two members is three years and of one member
is four years. The power which originally appointed a member
whose term has expired shall appoint his successor for full
term of four years.Asy member may be removed by the power
appointing him:
Any vacancy in the membership of the commission shall be
filled for.the unexpired term by appointment by the power
which originally appointed the member whose position has be-
come vacant.
The chairman of the commission shall be eskaW by the
members thereof.
Commission members shall serve without compensation but
shall be reimbursed the actual amounts of their iesumnable
and necessary expenses incurred in attending meetings and in
performing the daties of their office.
54778. For the purposes of this chapter there shall be a
city selection conuaiMe for each county. The membership of
such committees shall consist of the mayor of each city within
such county, or, where there is no'mayor, the chairman or
president of the city council.
A majority of the members of each city selection committee
shall constitute a ggorum.
The city selection committee of each county shall meet within
60 days after the effective date of this chapter for the purpose
of making the first appointments to the commission. The com-
mittee of each county shall thereafter meet on the second
Monday in May of each year that it is necessary to make
succeeding appointments to the commission.
54779. If a member ceases to be an officer of the entity he
was appointed to represent on the commission, his membership .
on the commission shall thereafter be considered vacant.
54780. The commission shall have the following powers and
duties subject to the limitations upon its jurisdiction herein
set forth:
(1) To review and approve or disapprove with or without
amendment, wholly, partially or conditionally, the following:
(a) Proposals for the incorporation of cities.
(b) Proposals for the creation of special districts.
(2) To adopt standards and procedures for the evaluation
of proposals for the creation of cities or special districts.
54781. (a) Before a notice of intention to circulate a peti-
tion seeking the incorporation of a new city may be filed the
proponents shall file a notice of intention to form,the new city
with the commission. The notice shall contain the specific
boundaries of the territory proposed to be incorporated.
(b) After the provisions of Section 34303.5 have been com-
plied with, and within 10 days after the date the clerk of the
board of supervisors certifies, pursuant to Section 34306 of
the Government Code, that a petition is properly signed and
correctly describes the boundaries of the proposed city, the
clerk shall notify the commission of such action. No further
action shall be taken concerning the proposed incorporation
until the commission has rendered its decision as provided in
Section 54787.
64782. (a) )Before jroeeedings are initiated to form a spe-
cial district the proponents of the creation of such district shall
Me a notice of intention to form the special duct with the
commission. The notice shall contain the specific boundaries of
the,proposed district and a, description of the kind of,district
proposed to be formed. For the purpose of this aub&vWO'n
proceedings to initiate the formation of a special direct mon:
(1) The circulation of'a petition to form a special district
or the filing of notiee to circulate such as petition.if such notice
is required.
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(2) The adoption of a resolution or ordinance by the board
of supervisors initiating the formation of a special district.
(b) After the provisions, if any, of law requiring the sub-
; mission of the boundaries of the proposed, special district to
the county boundary.commission for review have been com-
plied with, and within 10 days after the determination by
the appropriate officer or body as to the sufficiency of the
petition, or, if proceedings have not been initiated by petition,
within. 10 days after the boundaries of the proposed district
have been finally determined by the agency having the power
to.make.such determination, the officer, body, or agency mak-
ing such determination shall notify the commission of such
action. No further action shall be taken concerning the pro-
posed formation until the commission has rendered its decision
as provided in Section 54787.
54784. Following receipt of the notice prescribed by sub-
division (b) of Section 54781 or subdivision (b) of Section
54782, the commission shall set the date, time, and place for
a public hearing on the proposal. The date of the hearing shall
not be more than 60 days .following receipt by the commission
of the notice heretofore described in this section. The commis-
sion shall notify the governing body of each city or special
district having jurisdiction within the boundaries of the pro-
posed city or district, the governing body of each city within
three miles of the exterior boundaries of the proposed city or
district, any interested party who has filed a written request
with the executive officer of the commission for such notice,
and the proponents of the formation petition, of the date, time,
and place.of the public hearing, at least 15 days prior to the
date flied for the hearing. In addition, notice of the hearing
shall be published pursuant to Section 6061 in a newspaper
of general circulation in each city or special district within
the boundaries of the proposed city or district at least 15 days
prior to the date fixed for the hearing. The hearing shall be
held at the county seat of the county or one of the counties
in which the city or district is proposed to be formed, or in
a city or other place in the county designated by the com-
mission.
54785. At the hearing, the commission shall hear any in-
terested parties having made formal request to appear and
be heard, and the report of the commission's staff. The com-
mission and its presiding officer shall,have the power to make
and enforce such rules and regulations as will provide for
orderly and fair conduct of the hearings.
f
54786, Factors to be considered in the review of a pro'posal
for the creation of a proposed city or district shall include but
not be limited to:
(1) Population; population density; land area and land
uses; per capita assessed valuation; topography, natural
boundaries, and drainage basins; proximity to other popu-
lated areas; the likelihood of significant growth in the area,
and in adjacent incorporated and unincorporated areas, dur-
ing the neat 10 years.
(2) Need for organized community services; the present
cost and adequacy of governmental services and controls in
the area; probable future needs for such'services and controls;
probable effect of the proposed formation and of alternative
courses of action on the cost and adequacy of services and con-
trols in the area and adjacent areas.
(3) The effect of the proposed formation, and of alternative
actions, on adjacent areas, on mutual social and economic in-
terests and on the local governmental structure of the county.
54787. Upon conclusion of the hearing, the commission may
take the matter under consideration and shall, within 30 days
following conclusion of the hearing, present its determination.
The commission may also adjourn a hearing from time to
time, but not to exceed a total of 60 days.
If the commission approves the formation of the proposed
city or district,proceedings for its formation may be continued
as otherwise provided by the governing law. If the commission
disapproves the proposed formation, further proceedings to
form the city or district shall terminate. If the commission ap-
proves the proposed formation with modifications or condi-
tions, further proceedings for the formation may be continued
only in compliance with such modifications or conditions.
54788. The board of supervisors shall furnish the commis-
sion with necessary quarters, equipment, and supplies, and
the usual and necessary operating expenses incurred by the
commission shall be a county charge. a
- 54789. If the commission disapproves the formation of the
proposed city, no notice of intention to form a new city eom-
posed of the same or substantially the same territory map be
Sled with the commission for at least one year after the date
of disapproval.
If the commission disapproves the formation of the proposed
special district, no notice of intention to form a special dis-
trict, under the same provisions of law providing for the for-
mation of the special district which was disapproved, which
is composed of the same or substantially the same territory
may be filed with the commission for at least one year after
the date of disapproval.
I
I
54790. The Ytounty boundary commission shall 'render ad-
visory services to the local agency formation commission upon
its request. The staff of each member of the county boundary
commission shall be available to the local agency formation
commission to assist it in carrying out its functions under this
chapter.
54791. The commission may appoint an executive officer
who shall conduct and perform the day-to-day business of the
commission. If the commission does not appoint an executive
officer, the county administrator, or, if there is none, the
county clerk, shall act as executive officer for the commission.
To the extent that the assistance rendered to the commission
Wider Section 54790 is insufficient for its needs, the commis-
sion may appoint and assign staff personnel necessary for the
performance of its duties and functions and the commission
may employ or contract for professional or consulting services
to carry out and effect the functions specified in this chapter.
The commission may also incur usual and necessary expenses
for the accomplishment of its functions.
Bnv. 2. If this bill and Senate Bill No. 861 are both en-
acted at,the 1963 Regular Session of the Legislature, a local
agency formation commission shall be formed in each county
pursuant to Chapter 6.6 (commencing with Section 54775) of
Part'1, Division 2, Title 5 of the Government Code and no
local agency annexation commission shall be formed in any
county pursuant to Chapter 6.5 (commencing with Section
54750) of said part. In such case, the local agency forma-
tion commission shall have all of the powers vested in the
commission by said Chapter 6.6 and, in addition,shall in each
county,notwithstanding Government Code Section 54751, have
all the p veers vested by said Chapter 6.5 in a local agency
anneitation commission and said-Chapter 6.5 shall apply in
every county in the State.
SEc. 3. This act shall not apply to proceedings to form a
city or special district which are initiated prior to the time
when the first members of the commission created by this act
are selected in the county in which lies the territory to be
inbluded in the proposed city or special district. i
In the case of proceedings to form a new city proceedings
are initiated for the purposes of the section by the Sling of a
notice of intention to•circulate a petition,seeking the incorpo-
ration of a new city.
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L-3620 8-63 1M
CALIFORNIA LEGISLATURE-1965 REGULAR (GENERAL) SESSION
ASSEMBLY BILL No. 946
Introduced "by Assemblymen Marks, Bagley, Garrigus, Asheraft,
Carrell, Casey, Ferrell, Harvey Johnson, McMillan, Petris, Powers,
and Shoemaker
February 8, 1965
REFERRED TO COMMITTEE"ON-GOVERNMENT ORGANIZATION
7
An act to amend Section 54957 of, and to add Sections 54953.1
and 54957.1 to, the Government Code, relating to meetings
of legislative bodies.
The people of the State of.Calif ornia do enact as follows:
1 SECTION 1: Section 54953.1 is added to the Government
2 Code, to read:
3 54953.1. All meetings,of-any, committee or subcommittee
4 of a legislative body, whether or not composed'of a quorum .
5' of the members of the legislative body, shall be open and
'6 `public, and all persons shall be permitted to attend any meet-
7 in- of such committee or subcommittee except during con-
8 sideration of the matters set forth in Section 54957.
9 SEC. 2. Section 54957,of said code is amended to- read:
10 54957. Nothing contained in th.is.chapter shall be construed
11 to,prevent the legislative body of a local agency from holding
LEGISLATIVE COUNSEL'S DIGEST
AB 946, as introduced, Marks (G.O.).Meetings: Brown Act.
Amends Seca54957, adds Secs.54953.1, 54957.1, Gov.C.
Requires all meetings of committees and subcommittees of legislative bodies_of
local agencies to be open to the public'except during discussion of certain personnel
matters.
Requires that an officer or employee be given written notice of his right to have
a public hearing rather than an executive session with respect to certain personnel
matters, asla condition to holding an executive session. Declares null and void any
action taken,against any officer or,employee, if notice is not given.
Permits the legislative body of a local agency to hold executive sessions during a
regular or special meeting to,consult with its counsel, but only if such consultation
relates to litigation in which the agency is a party-and public disclosure of the
matters considered would be detrimental to .the public interest.
Requires that executive sessions of the legislative body of a local agency only be
held during a regular or special meeting. Provides that the notice given for such
meetings include an announcement of the matters to be discussed at the executive
session and that any action taken in executive session be recorded in the-minutes
of the regular or special meeting during which the executive session 'was �hcld.
Requires that matters other than those specified in Section 54957, be considered
publicly at the regular or special meeting, as the case may be.
.AB 946 —2.— 3 Al
1 executive' sessions during a regular or' special meeting to T taken in executive session, such. action shall be recorde
2 consider the appointment, employment or dismissal of a public 2 the minutes of the meeting during which the executive se
3 officer or employee or to. hear complaints or charges brought 3 is held.
4 against such officer or emplo3ee by another public officer, per- 4 Any deliberation or action to be taken on matters c
5 son or employee -unless such officer or employee requests a 5' than those specified in Section 54957 shall be conducted
6 public hearing. As a condition to, holding an executive session 6. liely at the regular or special meeting, as the case may'be
7 such officer or employee shall be given written notice•o'f his
-8 right to have a public hearing rather than an executive session;
9 which notice shall be delivered to him personally or by mail
10 at least 24 hours before the time for holding a regular or
` 11 special meeting. If notice is not given, any disciplinary or
12 other action taken against any officer or employee at such
13 executive session shall be null and void. The legislative body
14 'also may exclude from any such public or private meeting,
15 during the examination of a witness, any or all other witnesses
16 in the matter being investigated by the legislative body.
17 Nothing in this chapter shall be construed to prevent any
18 board, commission, committee, or other, body organized and
19 operated by any private- organization as defined in Section
' 20 54952 from holding executive sessions to consider (a) matters
21. affecting the national security, or (b) the appointment, em-
22 plo,yment or dismissal of an officer or employee or to hear com-
23, plaints or charges brought against such officer or employee
214` by another officer, person, or employee unless such officer-or
25 employee requests-a_public hearing. As a condition io holding
26 an executive session, such officer or employee shall be given C1
27 written notice of his right to have a public hearing rather-
28 than arc executive session, which notice shall be delivered to
1 29 him personally or by mail at least, 24 hours before the time for
30 holding a regular or special meeting. If notice is not given, any 6
-31 disciplinary or other action taken against any officer or em-
32, ployee at. such executive session shall be null and void. Said
I 33 body also may exclude from any such public or private meet-
I, - 34 ing, during the examination of a witness, any or all other
(i 35 witnesses in the matter being investigated by the legislative
36 body. .
37 , Nothing contained in this chapter shall be construed to pre-
38 vent the legislative body of a local agency from holding execu-
39 tine sessions during a regular or special meeting to consult
40' with its counsel, but only if such consultation relates to litiga-
41 tion in which the agency is a party, when public disclosure of
42 the matters considered during such consultation would be
43 detrimental to the public interest.
.44 SEC. 3. Section 54957.1 is added to said code, to read:
45 54957.1. All executive sessions of the legislative body of
46• a local agency shall only be held during a regular or special
47 meeting for. which meeting notice has been given pursuant
48 to.Section 54954 or Section 54956, as.the case may be, of this
49 code. Such notice shall include an announcement-of the mat-
50 ters to be discussed at the executive session. If any action is
fi - Zan a a; a
Board suet -•purouant- to Adjournment. AIL-'pr.eeent except 'Supervisor Anoe.
,On Motion of Supervisor II. E. Sraith, seconded by Supervisor. D. S.
Linebarger, the following rwsolut ion and order was regularly passed and
-.4 adopted;
: Whereas," the Board of Supervisors of Orange County,- California at
a:'regular meeting of said Board, held this 15th .lay of February,- 1909;'
.,.: .has full.•y' canvaasaed, the votes cast at an election held at Huntington
Beach, in said- County of Orange, on Tue.Bday,.- the. 9th day. of February,
a09, Xor the, p Lvpoze. of dot ermi.nt;ng vh ether-the t err it cry,..,i:ncludod-,in
tie boun ariea hereinafter described,,and lasing a portion of the said
County' oft Orange, should become incorporated as a -munici.'pal corpora- ,
'tion of .the 6th claws, to be known as the "City of Huntington each
and upon such canvass it appearing that the majority of the votes cast
are for the incorporation tc�wit;.� 94; votes being For incorporation,,
t ar-6 25 votes against incorporation;
It , Is Hereby Ordered and Declared, That the said. Territory here-
inafter' descc ibed 'is d4 y incorporated' as a municipal corporation
of the 6th class, under the name and style of the City-of Huntington .
Sleac�; the said territory being a portion of the County of Orange and
-,State of California and bounded and particularly described .as followeg
to;:.;git; . . -
`' ,`••: Commencing at a point in the East line of ;action 22 T. 6 S, R. '11
1 , B. B. & I.I. 20400 chains South of the No corner of said
Section; and in the center of Clay. :ltre3et, thence °Z"ost =: miles to t.h ;w•.. `:
f . €action line running north and south through Section 4, -T 6 S. R..•'11
W....S. B. B: & M, ; thence South, with the same to the ordinary high.:tidQ
of• the Pacific Ocean, •thence S. , 49 .ciF3g:" , threw rii1 ee� ,to 'a point 'in_
the Pacific Ocean, 'thence south e as3terly, parallel to and three miles
from the ordinary high tide line of the Pacific Ocean, four miles more
or leas to a point, S. 36 deg. W. of the intersection of 'the East Line
u.. �f section 14, T. 6 R. 11 W. U. B. . B. & M. ; .with the ordinary high tide-
'line of the Pacific Ocean, thence N. 3(3 deg. E. thref) riles to said .
point of inter--oeeti.on, thence North on the East lane of said section
44.42 chains a little more or lean, to its intersection with a ] ins
runn.in.g, Si , 65� ;deg, :N. :gent a point 20.00 chains West of the Southeast
corner o . section ll., T. 6 S. 11. 11 W. B. B. B. & lei, ; thence N.- 54
aAe
W 25 hains . it 1 _ xrore or leas , to a paint 20�00 chains West;,.._
to
. cs north 1G..9 cta"ins t o the south.,east erly .Line of land deeded, t o ,
E. Huntington, 'Trustee by, A. IT. Clut e, as per deed recorded in book
1.55' on page-. 336,- ,of .deeds, records of Orange Co. ' Cal.. '
i" Thence north.-easterly along the aouth.-easterly line of lands des-
cribed in deeds recorded on pmgea 338 &• 340, book 159, records of Oran'
+. County, Chi , to the East line of Sec. 11) T. 6 S. R. 11 W. 3. E. B.
thence North to a point 20 feet Nozxtil of the ^ Vec. : cor. on the East
line cf said , sec. 11 thence north 32° 101 E. . 3.48 chains, thence N. 254
35 E'. . 7.43 chains thence, N. 13" E. 4:23 chains , N. 1°15'r ` W. 1.62 chairisa,
'4c "ience',N. 6V 3Q1 IN. 6.88 chains, thence 14 21.10 chains', : to S. 1P.; Carr
of sac. 1., T. 6 lx W. S. B. H. £� It. ; thence N. 2.82 chains, thence' '
22"301 .-E. 2. 90 chains,thence: �;. 40° E. 4.24 chains,therca N. 3610 50a
cha.in�i, thence North 33n E. *9.34",chains0thence N. 28° & 6. C. .chuiris,, `S
.thence IT. 119 :3U� E. 1.3G chaina,tYi��nce N. 7°30� E. 0>53 chair�5, thence..N
' ''wr '...-.....v. s.pux..m^a �w'sR+wu'iGva±en• ,++ro+.xr::... ..-.xy,.c•+ms...+.i+.ga' +am]tYYs.RPwrvv. ... ♦..w .w,.w»».• ...._,. .....< _ .. ...n...... .. .....
870 451 W. 3.85 chains,thence IT. N8° 30t E. 4. 39 chains thence C. . 8691;.
3.03 chaine, thence N. 211301 F.. 3.05 chains,thence N. 6°451 141. 3. 10
chains, thence IT. 35' E. 55.63 chains, thence N. 2°1.01 F. 4.00 chairs,
a little more or less, to the North lane of the South-west ' of Sec-
tion 04. (1) ,T . 6. 03. F II Vl. 2. T% P &. M. , thence 'vest with said Line
Feet 18.00 chains, a little more or leae, to the West Dine of said
Section 1, thence North 20.00 nha_ins, to this beginning.
All being in the County of Orange, State of California.
That the per.c,•ons receiving, recpeetively,the hiehost number of' votes
for the several offices of said City of Huntington Reach,are declared
to be duly elected to such offices and euch persona and their respective
offices are named as follows, to-wit:
Trustees.
CHARLES H.HOWARD.
FD11UND ?BANNING. •
CHARLES W.WARNER.
DAV I D 0. STEWART.. '
MAT HEW E.HELIX.
CITY HARSHALL.
FUTUND C.W3;.I(;fiT
CITY CLERK.
MELVIN D.RCSE?'RE,RGM.
CITY TREA$17RER.
RALPH E. GRAVES.
D.A.Yacr',zlIan,
Chairman of the Roard of uupervisoro of Orange
County, California.
Attest: W. R.Williame,
County Cl erlc and e.--o A fi ci o
Clerk of the Doard of Cupervinors.
State of Talifornla
ss.
County of Orange
1, W. B. WILLIAMS, County Clerk and Ex-officio Clerk of the Superior Court, do hereby certify
the foregoing to be a full, true and correct copy of the original on file in my o fice.
W1 ESS my hand and the seal of the Superior Court this .------------.---..-.o.---.-----.----.--...--..-.-.......
day o .-.-19 ./ 0
----- -- L/.�.a.�c..,�..<e..c. ...��unty Clerk
BY... _ ... _ ------ -- ------ ............ .... ....- ............ Deputy Clerk
I`tea
OFFICE OF �PJ
CITY ATTORNEY
P.O.BOX 2740
;TI 2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney (714) 536.5555
May 9 , 1988
Mr . Bruce G . Kerr
Shell Western E & P Inc .
20101 Goldenwest
Huntington Beach , California 92648
Re : Boundary Lines of the City of Huntington Beach
Dear Mr . Kerr :
It was a pleasure to meet with you .on May 3 , 1988 at our offices.
in City Hall . This letter will outline our position concerning
the city boundary line which includes the offshore areas in
question .
The City of Huntington Beach was incorporated February 17 , 1909 as
a sixth class city pursuant to the Municipal Corporation Bill (CAL
STATS 1883 p. 83 , 266 ) (30 CAL L .R. p. l , 41 ) . The boundary was
particularly described as follows :
Commencing at a point in the east line . of Section 2 , T. 6 S . ,
R. 11 W. , S . B. B. & M. , 20 . 00 chains south of the northeast
corner of said Section, and in the center of Cld'y street;
thence west 2 1/2 miles to the 1/4 section line running north
and south through Section 4 , T. 6 S . , R. 11 W . , S . B . B . & M. ;
thence south, with the same to the ordinary high tide of the
Pacific Ocean; thence south 48 degrees west , three miles to a
point in the Pacific Ocean; thence southeasterly, parallel to
and three miles from the ordinary high tide line of the
Pacific Ocean, four miles more or less to a point , south 36
degrees west of the intersection of the east line of Section
14 , T . 6 S . , R 11 W . , S . B . B . & M . , with the ordinary high
tide line of the Pacific Ocean; thence north 36 degrees east
three miles to said point of intersection , thence north on the
east line of said Section 14 , 42 chains , or a little more or
less, to its intersection with a line running south 55 1/4
degrees east from a point 20 . 00 chains west of the southeast
corner of Section 11 , T. 6 S . , R. 11 W. , S . B . B . & M . ; thence
north 55 1/4 degrees west 25 chains, ,a little more or less , to
a point 20 . 00 chains west of the south-southeasterly line of
land deeded to H . E . Huntington , Trustee , by A . H . Clute , as
per deed recorded in Book 159, on page 336 , of Deeds, Records
or Orange County, California . Thence northeasterly along the
southeasterly line of lands described in deeds recorded on
pages 338 and 340 , Book 159., Records of Orange County ,
California, to the east line of Section 11 , T . 6 S . , R. 11 W. ,
S . B. B. & M. ; thence north to a point 20 feet north of the
1/4 section corner on the east line of said Section 11; thence
north 32 degrees 10 minutes , E . 3 .48 chains; thence north 25
degrees 35 minutes, east 7 . 43 chains; thence north 13 degree.s ,
east 4 .23 chains ; thence north 1 degree 15 minutes , west 1 . 62
chains; thence north 61 degrees 30 minutes , west 6 . 88 chains;
thence north 21 . 10 chains to southwest corner of Section 1 , T.
6 S . , R. 11 W. , S . B . B . & M . ; thence north 2 . 82 chains;
thence north 22 degrees 30 minutes , east 2 . 90 chains; thence'
south 40 degrees, east 4 . 24 chains; thence north 36 degrees 50
minutes , east 3 . 00 chains; thence north 33 degrees, east 9 . 34
chains; thence. north 28 degrees , east 6 . 65 chains; thence
north 11 degrees 30 minutes, east 1 . 36 chains; thence north 7
degrees 30 minutes, east 0 .53 chains; thence north 87 degrees
45 minutes , west 3 .85 chains ; thence north 28 degrees 30
minutes, east 4 . 39 chains; thence. south 86 degrees, east 3 . 03
chains; thence north 21 degrees 30 minutes , east 3 . 05 chains;.
thence north 6 degrees 45 minutes, west 3 .70 chains; thence
north 33 degrees , east 5 . 68 chains; thence north 2 degrees 10
minutes, east 4 . 00 chains , a little more or less , to the north
line of the southwest quarter of. Section 1 , T. 6 S . , R. 11 W . ,
S . B . B.. & M . ; thence west with said line west 18 . 00 chains , a
little more or less, to the west line of said Section 1;
thence north 20 .00 chains to the beginning . All being in the
County of Orange, State of California .
The description includes an area of ocean 3 miles ou_t as, indicated
on the map entitled Exhibit A and attached to this letter .
Thereafter Assembly Concurrent Resolution No. 53 in the
Fifty-Second Session (CAL STATS 1937 p. 2975 ) approved the City
Charter which had been ratified by city voters on April 29 , 1937 .
This charter confirmed the existing boundaries of the City (CAL
STATS 1937 p. 2977 . ART.II ) including the ocean area described in
the original incorporation in 1909 .
Then in 1964 the City began annexation of certain property
described as :
Section 3 . That the territory which the Council proposes to
annex is hereby identified as "Bolsa Chica State Park , " and
consists of all that real property situate in the County of
Orange, State of California , described as follows :
-2-
Beginning at a point on the north-south one-quarter line of
Section 4 , Township 6 South , Range 11 West , San Bernardino
Base and Meridian, Orange County, California, said point being
the southwesterly corner of Lot E City of Huntington Beach as
shown on a Record of Survey Recorded in Book 3 , Page 28
Records of Orange County , said point also being the
intersection of the northeasterly right of way line of Pacific
Coast Highway as shown on a Record of Survey Recorded in Book
53 , Page 40 Records of Orange County with the westerly
boundary line of the present city boundary of the City of
Huntington Beach , County of Orange, State of California , said
boundary having been established by the boundary description
in the Charter of the City of Huntington Beach incorporated
February 17 , 1909 , said point also being the True Point of
Beginning; thence, leaving said boundary of the City of
Huntington Beach, along the following bearings , distances , and
lines of the before described northeasterly right of way line
of Pacific Coast Highway; N 430 34 ' 01" W 535 . 69 feet to a
point of tangency with a curve, concave to the northeast
having a radius of 5591 . 51 feet; thence northwesterly 634 . 34
feet , along said curve, through a central angle of 6 30 ' to
a point of tangency with a line bearing N 370 05 ' 03 " W
3001 . 11 feet to a point; thence N 370 05 ' 00" W 2892 .54 feet
to a point of tangency with a curve, concave to the southwest ,
having a radius of 5870 . 61 feet; thence northwesterly 549 .02
feet , along said curve, through a central angle of . 50 21 ' 30 "
to a point of tangency with a line bearing N 420 26 ' 30" W;
thence 2493 . 80 feet , along said line to a point; thence , S 470
33 ' 30" W, leaving the northeasterly line of Pacific Coast
Highway, 90 . 00 feet to a point in the northeasterly right of
way line of the Pacific Electric Company as shown on the
before mentioned Record of Survey Recorded in Book 53 , Page 40
Records of Orange County; thence N 420 28 ' 13" W, along the
last described line, 1816 . 06 feet to a point on the westerly
prolongation of the center line of Los Patos Avenue as shown
on said Record of Survey Recorded in Book 53 , Page 40 Records
of Orange County; thence N 89' 12 ' 26" W 291 .59 feet along
said westerly prolongation of the centerline of Los Patos
Avenue to a point in the Mean High Tide Line of the Pacific
Ocean as shown on said Record of Survey Recorded in Book 53 ,
Page 40 Records of Orange County; thence S 500 06 ' 14" W Three
( 3 ) miles , 15840 feet , to a point in the Pacific Ocean; thence
along the following bearings and distances which describe
lines parallel with and Three (3 ) miles distant , measured at
right angles , from the Mean High Tide Line of the Pacific
Ocean as shown on said Record of Survey Recorded in Book 53 ,
Page 40 Records of Orange County; S 390 53 ' 46" E 704 .08 feet
to a point , S 451 20 ' 50 " E 233 . 35 feet to a point , S 401 58 '
18" E 251 . 64 feet to a point , S 420 25 ' 24" E 566 .26 feet to a
point , S 430 58 ' 42 " E 515 . 56 feet to a point , S 40' 34 ' 23 " E
659 .58 feet to a point , S 380 51 ' 46" E 264 .56 feet to a
point , S 400 47 ' 24" E 1184 . 77 feet to a point , S 390 15 ' 29"
-3-
E 897 . 58 feet to, a point , S 37' 06 ' 19" E 535 . 40 feet to a
point , S 37' 32 ' 45" E 1373 . 50 feet to a point , S 360 57 ' 18"
E 404 .20 feet to a point , S 340 06 ' 38" E 378 .04 feet to a
point , S 350 49 ' 44 " E 594 . 50 feet to a point , S 380 50 ' 19" E
500 . 70 feet to a point , S 36' 01 ' 19" E 783 .89 feet to a
point , S 39' 11 ' 47" E 216 . 78 feet to a point , S 380 10 ' 51" E
1232 . 72 feet to a point , S 390 26 ' 16" E 1196 . 40 feet to a
point , S 380 29 ' 23 " E 1209 . 88 feet to a point , S 40' 20 ' 54"
E 270 . 30 feet to a point , S 260 33 ' 55" E 223 . 61 feet to a
point , S 591 12 ' 57" E 164 . 12 feet to a point , S 410 06 ' 44 " E
438 .00 feet. to a point , S 430 45 ' 57" E 240 . 41 feet , more or
less , to an angle point in the westerly boundary line of the
present city boundary of the City of Huntington Beach , County
of Orange, State of California, said boundary having been
established by the before mentioned boundary description in
the Charter of the City of Huntington Beach;; thence , leaving
the set of lines parallel to the Mean High .Tide Line of the
Pacific Ocean, N 48' 00 ' 00" E Three (3 ) miles , 15840 feet ,
along the boundary line of the City of Huntington Beach, to a
point in the Mean High Tide Line of the Pacific Ocean, said
point being the intersection of the Mean High Tide Line of the
Pacific Ocean with the north-south one-quarter line of Section
4 , Township 6 South , Range 11 West , San Bernardino. Base and
Meridian, Orange County, California; thence continuing along
the boundary line of the City of Huntington Beach N 00' 15 '
59" E , along said north-south one-quarter line a calculated
distance of 402 . 96 feet , recorded as 392 . 76 feet , as shown on
said Record of Survey Recorded in Book 53 , Page 40 Records of
Orange County, California, more or less , to the True Point of
Beginning .
Pursuant to Sections 35014 and 35300-35326 of the Government
Code . This annexation was completed and filed with the Secretary
of State on May 11 , 1965 . ( See Exhibits B-J ) This area is
outlined on the map entitled Exhibit A.
If you have any questions , please feel free to contact me or
Deputy, City Attorney, Joe Barron .
Sincerely,
GAIL HUTTON
City Attorney
Attachment
cc : Paul Cook , City Administrator
Richard Barnard, Assistant to City Administrator
Richard
Clerk
cm/
-4-
ORIG. H. B. LIMITS
_. . ..., .. �e�y ANNEXATIONS
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huntington beach planning division
EXHIBIT A
CF IN Co
f•
0
GRAY DAVIS
Tantroller of the,*tate of Talifornin
SACRAMENTO, CALIFORNIA .94250
(916) 322-5230
February 26, 1988
TO: CITY CLERKS
Effective January 1, 1987, Chapter 1242/86 amended Section 11005(c) of the
Revenue and Taxation Code. The amendment changed the method of determining a
city's population, a factor used in the apportionment of shared revenues to
cities and counties. The amendment also made the Department of Finance
responsible for determining the population when unincorporated territory is
annexed to a city.
The Department of Finance should be notified immediately upon the
completion of proceedings for the annexation of territory to your city. You no
longer need to notify the State Controller's Office.
Annexation proceedings are complete with the recording of the certificate
of completion by the county recorder. Please send a copy of the certificate
of completion to the Department of Finance as soon as it has been recorded by
the ,county recorder. The Department of Finance will include the annexation
in its annual population estimate for your jurisdiction. The following
information is needed:
1. • The,date the certificate of completion was recorded by the county
recorder and the recording number.
2. The effective date of the annexation if later than the date,of the
recordation by the county recorder.
3. The name by which the annexation is known and the resolution
number.
4. Whether the annexation is designated as inhabited or uninhabited.
I�
CITY CLERKS. -2- February 26, 1988
It is not necessary to send a map of an annexed area. The required
information should be sent to:
Department of Finance
Population Research Unit
1025 P St. , 5th Floor
Sacramento, CA 95814
Thank you for your cooperation.
Sincerely,
Roger A. Resnikoff, Chief
Division of Accounting
MAK:hj
ORANGE COUNTY
HALL OF ADMINISTRATION BUILDING
10.CIVIC CENTER PLAZA, ROOM 458
%53
NTY O C SANTA ANA,CALIFORNIA 92701
TELEPHONE: (714) 834-2239
2
RANGE E C W LOCAL AGENCY FORMATION COMMISSION.
CHAIRMAN January 24, 1984 CITY OF.HUNTINGTON BEACH
HARRIETT M.WIEDER _ CITY COUNCIL.OFFICE
SUPERVISOR _
SECOND DISTRICT
VICE-CHAIRMAN
DONALD J. SALTARELLI City Council
COUNCILMAN Cityof Huntington Beach
CITY OF TUSTIN g
City Hall C ROGER R.STANTON ZOOO Main Street
SUPERVISOR .
FIRST DISTRICT Huntington Beach ,. California 92648
`-' ROBERT E.DWYER
REPRESENTATIVE OF Ladles and Gentlemen:
GENERAL PUBLIC -
JAMES T.JARRELL As your elected representatives to the Local Agency Formation
COUNCILMAN Commission (LAFC) , we would like to bring to your attention new
CITY OF BUENA PARK -
legislation which will assist cities in annexing the numerous
ALTERNATE' unincorporated islands scattered throughout the county.
PHILLIP R.SCHWARTZE
COI,;NCILMAN
CI-(YOFSANJUANCAPISTRANO When the Municipal Organization Act of 1977 went into effect in
AU? RNAFE 1978. there were procedures that allowed the annexation of .
JO,=NK. RIDDLE unincorporated islands of less than 100 acres, inhabited or not,
REPRESENTATIVEOF
GENERAL PUBLIC without an election if the LAFC .made certain findings. This ALT E RNA TE. -
island annexation provision was for a three year period and
BRUCENESTAND.E expired on December 31, 1980. Assembly Bill No. 14 (Campbell )
SUPERVISOR passed by the 1983 Legislature reactivates the island annexation
THIRD DISTRICT
provisions, but under a little differect procedure. This
RICHARDT.TURNER legislation,- effective January 1, 1984, allows 'the special
EXEL;U"TIVE OFFICER - 8.8
provisions until January 1, 19
These provisions may only be used for "islands" which existed
prior to January 1, 1978 (35014) . All references are to
sections- of the Municipal Organization Act of the Government
Code. The following procedures apply:
1. ppZication to LocaZ Agency Formation Commission
AppZications may be made by petition or by resolution of
application, similar to other city annexations. If
submitto by resolution, the ZegisZative body adopting the
resolution must hoZd a pubZic hearing. At the hearing any .
Zandowner shaZZ be given an opportunity to present his or
her views on the proposaZ.
2. Commission Proceedings
The Commission may approve an isZand annexation after notice
and hearing and may authorize the conducting agency to order
the annexation without an eZection if t?-s Commission finds
that the territory contained in the proposaZ meets the
foZZowing criteria (35150 (f)) :
a. The territory does not exceed 75 acres, the territory constitutes 'the
entire island, and the island does not constitute a part of an
unincorporated area which is more than 100 acres .in area.,
b. The territory is surrounded or substantiaZZy surrounded by the annexing
city, by the annexing city and adjoining cities, by the annexing city and
a county boundary, or by the annexing city and the Pacific Ocean;
c. The territory is substantiaZZy developed or deveZoping.
d. The territory is not prime agricuZturaZ Zand; and
e. The territory to be annexed wiZZ benefit from the annexation or is
receiving benefits from the annexing city.
The finding'required by No. 2 c above shaZZ be based on one. or more factors,
incZuding, but not Zimited to: .
a. Ava Zability of public utility services;
b. Presence of pubZic improvements; and .
c. Presence of physicaZ improvements upon' a parcel or parceZs within the
area.
3. Conducting Agency, Proceedings
The board of supervisors is the conducting agency for is Zand annexation
proceedings (35031). The board, within 30 days of the concZusion of the
hearing, must adopt a resolution taking one of the foZZowing actions:
a. If the area is inhabited, either (a) terminate proceedings if protest has
been filed by 50% or more of the registered voters or (b) order the
territory annexed without an election.
b. If the area is uninhabited, either (a) terminate proceedings,. or (b)
order the territory annexed.
The Orange County Board of Supervisors supports the elimination of the numerous °
unincorporated islands adjacent to city boundaries and will cooperate with the
cities on the annexation proposals ' submitted under these special provisions.
If you have any questions or need assistance in processing annexation proposals
.contact the LAFC staff of Richard Turner or Ken Scattergood at 834_-2239.
Very truly yours,
D nald J. Stare li , Councilman mes T. J e Councilman
City of I- t n' ty of Buena rk
Phillip . Schwartze, Counci
City of San Juan Capistrano
RTT:bd
allle4—
1
City of Huntington Beach
F ® P.O. BOX ISO CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 7, 1979
Thomas Brothers Maps
1326 So. Broadway
Los Angeles, CA 90015
Attention: Norma Mar Jip
Source Data Controller
Dear Ms. Mar Jip:
In response to your request for a list of annexations to the
City since August 1, 1978, this to inform you that there has
been none.
Enclosed is a copy of our updated address location map book.
I trust that it will be of some value to you.
Sincerely yours,
Alicia M. Wentworth
City Clerk
AMW
1'
ti 1
SA N•FRANCISCO '. LOS ANGELES • -.
MAP PUI3LISH.ERS SINCE '191B_•
August- 2 , 1979 30
City , of-`Hunti ngton . Beach
2000 Mai n
Wunti n'gton' Beach., CA 92648
Attn: City Cher{,
SUBJECT : ANNEXATION LIST
Ladies - or Gentlemen :
The updating and complete coverage of your County is a
continuous process throughout the year for us . At. this
-time , we would like, to bring together all the, data we
have collected and' obtain last minute items . In order
to insure this up-to-date information , we will need
your assistance ..
We would like to acquire a list of .all the annexations
that have been recorded since % I,,_kCrlg to the
present of your city. Also , we wou d appreciate it . if
you could accompany maps showing the changes 1n your
city boundary. with the list.
Our, deadline for bringing the base map.s to date is very
n•ear., We would be most grateful for the information as
.soon as- possi,ble
Thank,'you . for your attention and contribution We
1 o6k'. forward 'to your. reply ;
Sincerely ,
NOrma Ilar Ji p .
Source Data Controller
550 JACKSON STREET SAN FRANCISCO CALIFORNIA 94133 981-7520
WALL AND POCKET MAPS CITY , COUNTY • STATE STREET ATLASES • STREET &U"IDES
1326 SO . BROADWAY LOS ANGELES CALIFORNIA , 90015 747-0515
1
G ORANGECOUNTY
3
ADMINISTRATION BUILDING
515 N.SYCAMORE STREET
0. ROOM 101
C>U� Y �7 it Yf d SANTA ANA,CALIFORNIA 92701
,J TELEPHONE: 634-2239
AREA CODE 714
05
LOCAL AGENCY FORMATION COMMISSION F
.CHAT RMMAN
DONALD J.SALTARELLI
COUNCILMAN October 7, 1977
CITY OF TUSTIN
VICE-CHAT RMAN City of Huntington Beach
PHILIP L.ANTHONY P.O. BOX 190
SUPERVISOR FIRSTDlSTRICT Huntington Beach, California 92648
DONALD A.WINNIS Attn: Harriett M. Wi eder, Mayor
COUNCILMAN
CITY OF NEL`:PORT BEACH -
Dear Council Members:
STAN NORTHRUP
REPRESENTATIVERI have been informed that Governor Brown has signed into law
L GENERALPUBLICCg
AB 1533, as introduced by Assemblyman Knox. This bill repeals
THOMAS F. RILEY certain chapters and renumbers certain chapters of the Government
SUPERVISOR Code relating to cities and enacts a Municipal Organization Act
FIFTH DISTRICT (MORGA) that provides the exclusive authority and procedure for
ALTERNATE
the initiation , conduct and completion of city incorporations,
Q�
ALJCEJ.MacLAIN municipal reorganizations or municipal changes of organization.
COUNCIL:'.3%!AN The provisions within MORGA will be effective early next year.
CITY OF CYPRESS
ALTERNATE
I believe your city will find MORGA helpful in initiating, con-
JOAJK. RIDDLE ducting and completing annexations and detachments involving your
REPRESEINTATIVEOF city in the future. Further, I think certain provisions within
GENERAL PUBLIC MORGA can be of assistance to Orange County cities in reducing
ALTERNATE the number of unincorporated islands.
LAURENCE J.SCHMIT
SUPERVISOR In the next couple of months, the Local Agency Formation Com-
SECOND DISTRICT mission will have prepared and distributed. to Orange County
RICHARD T.TURNER cities a report on the specific procedures and provisions within
EXECUTIVE OFFICER MORGA for each city's information and future use.
This Commission and their staff remain available to assist your
city in these matters. Please don 't hesitate to call our office
if you or your staff have .any questions.
Very truly yours , ,,.
Al
Donald J. Sa�tarelli
Chairman
DJS:ff
0 C rt 1977
CITY OF HUNI'INGfON BEACH
CITY COUNCIL OFFICE
Senate BM No.861
CHAPTER 1810
An act to add Chapter 6.5 (commencing with Section 54750)
to Part 1,Division 2, Title 5 of the Government Code, relat-
ing to annexations of territory-to local agencies.
[Approved by Governor July 17, 1963.Filed with
Secretary of State July 19, 1963.]
The people of the State of California do enact as follows:
SxcnoN 1. Chapter 6.5 (commencing with Section 54750)
is added to Part 1, Division 2, Title 5 of the Government Code,
to read:
CHAPTER 6.5. LocAL AQENcy ANNEBATION CommissION
54750. As used in this chapter:
(a) "Commission" means a local agency annexation com-
mission.
(b) "Special district"means an agency of the State for the
local performance of governmental or proprietary functions
within limited boundaries. "Special district" does not include
the State, a city, a county, or a school district.
(c) "Local agency" means city or special district..
54750.1. 1 As used in Sections 54753, 54753.05, 54756, and
54759:
(a) "County officer" means:
(1) Member of the board of supervisors.
(2) .,County clerk.
(3) County auditor or county controller.
(4) County assessor.
(5) County surveyor or county engineer.
(6). County registrar of voters.
(b) "City officer" means mayor or member of a city coun-
cil or legislative body of the city.
54751. This chapter does not apply to any county in which
there is no city or in which there is only one city.
54752. There is hereby created in each county of the State
a local agency annexation commission.
54753. The commission shall consist of five members, se-
lected as follows:
(a) Two representing the county,.each of whom shall be a
county officer,appointed by the board of supervisors.
(b) Two representing the cities in the county, each of whom
shall be a city officer, appointed by the city selection com-
mittee.
(R) L-3620 1M
- 8
(c) One representing the general public, appointed by the
other four members of the commission.
54753.05. A city or county officer may serve as a member
of-the commission while holding office as a city or county
officer. -
54753.1. Except as provided in this section, the term of
office of each member shall be four years and until the first
appointment and qualification of his successor. The first mem-
bers of the commission shall classify themselves by lot so that
the term of office of one member is one year, of one member
is two years, of two members is three years and of one member
is four years. The power which originally appointed a member
wkoae term has expired shall appoint his successor for full
term of four years.Any member may be removed by the power
appointing him.
Any vacancy in the membership of the commission shall
be filled.for the unexpired term by appointment.by the power
which originally appointed the member whose position has be-
come vacant.
54754. For the purposes of this chapter there shall be a
city selection committee for each county. The membership of
such committees shall consist of the mayor of each city within
such county, or, where there is no mayor, the chairman or
president of the city council.
A majority of the members of each city selection committee
shall-constitute a quorum.
Z 755. The city selection committee of each county shall
meet within 60'days after the effective date of this chapter for
the Rurpose of making the first appointments to the commis-
sion. The committee of. each county shall thereafter meet on
the second Monday in May of each year that it is necessary
to make succeeding appointments to the commission.
54756. If a member ceases to be an officer of the entity
he was appointed to represent on the commission, his mem-
bership on the commission shall thereafter be considered
vacant.
54751. The chairman of the commission shall be selected
by the members thereof.
54758. Commission members. shall serve without compen-
sation but shall'be reimbursed the actual amounts of their rea-
sonable and necessary expenses incurred in attending meet-
ings and in performing the duties of their office.
54759. The city selection committee shall appoint one alter-
nate member of the commission in the same manner as it ap-
points a regular member. When, the commission is considering
-a proposal.for the annexation of territory to a city .of which
one of the members of the commission.appointed under subdivi-
sion (b) of section'54753 is an A mr, the member is disquali-
fled from participating in the proceedings of the commission
with respect to the proposal and the alternate member shall
serve in his place for such purpose.
54760. The commission shall have the following powers
and duties:
(1) To review and approve or disapprove, with or without
amendment, wholly, partially or conditionally, proposals for
the annexation of territory to local agencies within the county.
(2) To adopt standards and procedures for the evaluation
of proposals for the annexation of territory to local agencies
within the county.
54761. No petition seeking the annexation of territory to
a local agency shall be circulated or filed, nor shall any public
officer accept any such petition for filing, nor shall any gov-
erning body initiate proceedings to annex on its own motion
until it has ffied a notice of intention to annex with the com-
mission. The notice shall contain the specific boundaries of
the territory proposed to be annexed.
54762. Except as provided in this section, no further action
shall be taken concerning the proposed annexation until the
oommission has rendered its decision as provided in Section
54766. It other provisions of law which govern the annexa-
tion provide for the submission of the proposed boundaries
of the territory to be annexed to the county boundary com-
mission for review and report, such provisions of law shall
be complied with after the filing of a notice of intention with
the local agency annexation commission pursuant to Section
54761. A copy of the report;if any, shall be transmitted to the
local agency annexation commission.
54763. Following receipt of the copy of the report, if any,
of the. county boundary commission and of the notice pre-
scribed by Seci ion 54761, the commission shall set the date,
time, and place for a public hearing on the proposal. The
date of the hearing shall not be more than 60 days follow-
ing receipt by the commission of such notice. The commission
shall notify the governing body of each local agency having
jurisdiction within the boundaries of the territory proposed to
be annexed,;and the governing body of each city within three
miles of the exterior boundaries of the territory proposed to
be annexed, any interested party who has filed a.written re-
quest 'with the executive officer of the commission for such
notice, and the proponents of the annexation, of the date,time,
and place of the public hearing, at least 15 days prior to,the
date fixed for the hearing.
54764. At the hearing, the commission shall hear any inter.
ested parties having made formal request to appear and be
heard, and the 'report of the commission's staff. The eommi*
Sion and its presiding officer shall have the power to make said
enforce sueh rules and regulations as will provide for orderly
siad-fair conduct of the hearings.
64765.' Factors to be considered in the review of an an-
nexation proposal shall include but not be limited to:
:-"(I) Population; population density; land area and land
Uses;. per . capita assessed valuation; topography, natural
'boundaries, and drainage basins; proximity to other populated
areas; the likelihood of significant growth in the area, and in
40jaaent incorporated and unincorporated areas, during the
next 10 years.
(2) Need for organized 'community services; the present
cost and adequacy of governmental services and controls in the
area, probable,future needs for such services and controls;
probable effect of the proposed formation and of alternative
courses of action on'the cost and adequacy of services and
controls in the area and adjacent areas.
(3) The effect of the proposed annexation, and of alterna-
tive actions, on adjacent areas, on mutual social and economic
interests and on the local governmental structure of the
county.
54766. Upon conclusion of the hearing, the commission
may take the matter under consideration and shall, within 30
days following conclusion of the hearing, present its determi-
nation. The commission may also adjourn a hearing from time
to-tiune,,but not to exceed a total of 30 days.
If the. ` lesion approves 'the annexation, proceedings
ther"''efor°m6y be continued as otherwise provided by the gov-
erning law. If the commission disapproves the proposed an-
nexation, firth proceedings to annex the territory to the
loeal,ageuey shall terminate. If the commission approves the
proposed anneation.with Modifications or conditions,•further
proceedings for thti annexation may be continued.only in com-
pliance with such modifications or conditions.
54761. It- the ,commission disapproves the annexation of
territory to a city, no notice of intention to annex the same.
or subOAAtially,the same territory to that city may be fled
I with AO e'd mission for at least one year after the date of
dpp ova
.
! If the commission'disapproves'the annexation of territory,
to a special district,'p6 notice of intention to annex the same
or substantially the same territory to that special district m�
be filed withnb erfiseion for at least one year after"the
date of disapgro�al;
" �763.. If the territory of a special district lies.in'mor
QmA ,one cd uij ty; the notice of intention• to .annex, requir ,
b*. eetittn l"i4?81 1ia13 ' .filed with the eommissionx.of the
OPLU ty xn° vhieh' .:te ii cry to be annexed li'6&
4 ® •
54769. The commission may appoint an executive officer
who shall conduct and perform the day-today business of
the commission. If the commission does not appoint an execu-
tive officer, the county administrator, or, if there is none, the
county clerk, shall act as executive officer for the commission.
To the extent that the assistance rendered to the commis-
sion under Section 54770 is insufficient for its needs, the com-
mission may appoint and assign staff- personnel necessary
for the performance of its duties and functions and the com-
mission may employ and contract for professional or consult-
ing services to carry out and effect the function specified in
this chapter.
The commission may also incur usual and necessary ex-
penses for the accomplishment of its functions.
54770. The county boundary commission shall render
advisory services to the local agency annexation commission
upon its request. The staff of each member of the county
boundary commission shall be available to the local agency
annexation commission to assist it in carrying out its functions
under this chapter.
54771. The board of supervisors shall furnish the eommis-
sion with necessary quarters, equipment, and supplies,and the
usual and necessary operating expenses incurred by the com-.
mission shall be a county charge. ,
SEC. 2. This act shall become operative only if Assembly
Bill No, 1662 is enacted at the 1963 Regular Session of the
Legislature and in such case at the same time as Assembly
Bill No. 1662 takes effect. If this bill and Assembly Bill No.
1662 are both enacted at the 1963 Regular Session of the Legis-
lature, no local agency annexation commission shall be formed.
pursuant to Chapter 6.5 (commencing with Section 54750) of
Part 1,Division 2, Title 5 of the Government Code, but a local
agency formation commission shall be formed in each county
pursuant to Chapter 6.6 (commencing with Sectioh 54775) of
said part.. The local agency formation commission shall have
all of the powers vested in the commission by said Chapter 6.6
and, in addition, shall, in each county, notwithstanding Gov-
ernment Mode Section 54751, have all of the powers vested by
said Chapter 6.5 in a local agency annexation commission and
Chapter 6.5 shall apply in each county in the State.
SFc. 3. This act shall not apply to proceedings to annex
w territory to a local agency if the annexation petition has been
circulated or filed, or if a governing body has initiated pro-
ceedings to annex on its own motion, prior to the ti mo-when
the first members of the commission created by this act are
selected in the county or counties in which lies the annexing
local agency and the territory to be annexed.
a
1.-B82o 8�3 1t4t
O
ORANGE COUNTY
^' a/ ADMINISTRATION BUILDING
U �,g
Y _r S C)F= P. O. BOX 687
® SANTA ANA, CALIFORNIA 92702
TELEPHONE: 834-2239
AREA CODE 714
x3
0
LOCAL AGENCY FORMATION COMMISSION
December 11, 1972
CHAIRMAN
WILLIAMJ. PHILLIPS To: All Cities and Special Districts
SUPERVISOR
THIRD DISTRICT
From: Richard T. Turner, Executive Officer
VICE-CHAIRMAN Subject : Local Agency Formation Commission 1.973
LOUIS R. REINHARDT hearing and filing schedule
COUNCILMAN
CITY OF FULLERTON
I
ROB! W. BATTIN The attached schedule has been prepared for your convenience
FIRST SUPERVISOR FDISTRICT in filing proposals with the Local Agency Formation Commission
during the 1973 calendar year.
CLIFTON C. MILLER The dates listed in the left-hand column represent the latest
MAYOR
CITY OF TUSTIN dates material may be filed with the Commission in order to
I be heard on the corresponding date shown in the right-hand
column.
STAN NORTHRUP
REPRESENTATIVE OF
! GENERAL PUBLIC It should be pointed out that pursuant to Bylaw No. 40 the
Executive Officer shall set as many matters for a meeting
as can be heard within a three hour period. Any additional
ALTERNATE matters eligible to be set for hearing shall be set for the
L DAVID L. BAKER
SUPER A next succeeding regular meeting, or special meeting.
f SECOND DISTRICT
The Commission meetings will be held in the Board of Super-
visors Hearing Room, County Administration Building, 515
! ERNATE
REETBURNAP North Sycamore Street, Santa Ana at 2 :00 o' clock P.M.
REPRESENTATIVE OF
i GENERAL PUBLIC
ALTERNATE
ROBERT J. NEVIL
COUNCILMAN
CITY OF LA HABRA -
I
RICHARD T. TURNER
EXECUTIVE OFFICER
i
LOCAL AGENCY FORMATION COMMISSION
FILING AND HEARING SCHEDULE
January through December, 1973
FILING DATE HEARING DATE
December 15, 1972 January 10
December 29, 1972 January 24
January 19 February 14
February 2 February 28
February 16 March 14
March 2 March 2.8
March 16 April 11
March 30 April 25
April 13 May 9
April 27 May 2.3
May 18 1June 13
June 1 June 27
June 15 July 11
June 29 July 25
July 13 August 8
July 27 August 22
August 17 September 12
August 31 September 26
September 14 October 10
September 28 October 24
October 19 November 14
November 2 November 28
November 16 December 12
November 30 December 26
COUNTY OF ORANGE
LOCAL AGENCY FORMATION COMMISSION
JUSTIFICATION OF PROPOSAL
In order to facilitate the Commission's review of the factors
set forth in Government Code Section 54?96 you are required,
pursuant to Bylaw No. 31, to complete the following questionnaire
to the best of your ability.
Along with said questionnaire you are required to submit a
reproducible map and legal description as exhibit "A"s including
a location map.
1
GOVERNMENT CODE SECTION 54796
54796. Factors to be considered. Factors to be considered in the
review of a proposal shall include but not be limited to:
(a) Population, population density; land area and land use ; per
capita assessed valuation; topography, natural boundaries, and drain-
age basins ; proximity to other populated areas ; the likelihood of Sig-
nificant growth in the area, and in adjacent incorporated and unincor-
porated areas, during the next 10 years .
(b) Need for organized community services ; the present cost and
adequacy of governmental services and controls in the area; probable
future needs for such services and controls ; probable effect of the
proposed incorporation, formation, annexation, or exclusion and of
alternative courses of action on the cost and adequacy of services and
controls in the area and adjacent areas .
(c) The effect of the proposed action and of alternative action
on adjacent areas, on mutual social and economic interests and on the
local governmental structure of the county.
(d) The definiteness and certainty of the boundaries of the te:.a
ritory, the nonconformance of proposed boundaries with lines of as-
sessment or ownership, the creation of islands or corridors of unincor-
porated territory, and other similar matters affecting the proposed
boundaries . (Formerly § 54798, added Stats . 1965, C. 587, P. 1921, 910 .
Renumbered § 54796 and amended Stats . 1965, c. 2045, p. 4779, § 20.7. )
,, (*) Conformity with appropriate city or county general and
specific plans.
* JUSTIFICATION OF PROPOSP
TO: LOCAL AGENCY FORMATION COMMISSION
FIRST FLOOR - ROOM 101
COUNTY ADMINISTRATION BUILDING
515 NORTH SYCAMORE STREET
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 687
SANTA ANA, CALIFORNIA
FROM:
SUBJECT: JUSTIFICATION OF PROPOSAL
TITLE OF PROPOSAL
A. GENERAL
1. TYPE AND DESIGNATION OF PROPOSAL:
2. STATUTORY PROVISIONS GOVERNING PROCEEDINGS:
3. THE REASONS FOR THIS PROPOSAL ARE AS FOLLOWS:
1.
• s
JUSTIFICATION OF PROPOSAL
B. PHYSICAL FEATURES
1 . LAND ARKA : SQUARE MILES ACRES
2 . STATE GENERAL DESCRIPTION OF TOPOGRAPHY:
3. DESCRIBE "NATURAL" BOUNDARIES: (RIVERS, MOUNTAINS,
FREEWAYS, ETC. )
4. DESCRIBE DRAINAGE BASINS, RIVERS, FLOOD CONTROL CHANNEL,
ETC.
5. DESCRIBE MAJOR HIGHWAY ACCESS TO THE AREA:
6. DESCRIBE THE LOCATION AND DISTANCE OF THIS PROPOSAL FROM
ANY AIRPORT IN THE COUNTY:
C. POPULATION AND RELATED MATTERS.
1. POPULATION IN SUBJECT AREA:
2 . POPULATION DENSITY (I.E. PER SQUARE MILES, PER ACRE.)
2 .
JUSTIFICATION OF PROPOSAL
3. NUMBER OF REGISTERED VOTERS :
4. NUMBER OF DWELLING UNITS :
5. PROXIMITY TO OTHER POPULATED AREAS :
6. LIKELIHOOD OF SIGNIFICANT INCREASE IN POPULATION IN
NEXT 10 YEARS :
7. LIKELIHOOD OF SIGNIFICANT INCREASE IN ADJACENT AREAS
IN NEXT 10 YEARS :
- A. IN UNINCORPORATED AREAS :
B. IN INCORPORATED AREAS :
D. ECONOMIC FACTORS
1., ZONING AND RELATED MATTERS :
A. DESCRIBE THE EXISTING LAND USE IN THE AREA WHICH
IS THE SUBJECT OF THIS PROPOSAL.
3. '
JUSTIFICATION-OF PROPOSAL
B. DETAIL EXISTING ZONING:
C. DESCRIBE PROPOSED NEW ZONING OR CHANGES IN ZONING,
IF ANY:
2. ASSESSED VALUE IN AREA:
A. LAND:
B. IMPROVEMENTS :
C. AMOUNT OF PUBLICLY OWNED LAND IN AREA:
3. AMOUNT OF SALES TAX COLLECTED IN AREA:
E. GOVERNMENTAL SERVICES IN AREA : (DESCRIBE IN SUCH DETAIL
AS IS APPROPRIATE TO THE AREA THE EXISTING GOVERNMENTAL
SERVICES AND CONTROLS IN THE AREA INCLUDING, FOR EXAMPLE,
POLICE PROTECTION, FIRE PROTECTION, HEALTH SERVICES,
GARBAGE AND TRASH COLLECTION, LIBRARIES, PARKS AND PLAY-
GROUNDS, SEWERS, STREETS, STREET LIGHTING, ETC. )
4.
JUSTIFICATION OF PROPOSAL
F. NEED FOR ADDITIONAL GOVERNMENTAL SERVICES OR CONTROLS :
1. DESCRIBE THOSE GOVERNMENTAL SERVICES OR CONTROLS WHICH
SHOULD BE PROVIDED WHICH ARE NOW NOT PROVIDED OR WHICH
SHOULD BE PROVIDED IN INCREASED AMOUNT IN THE AREA.
2. ESTIMATE PROBABLE FUTURE NEED FOR NEW OR INCREASED
GOVERNMENTAL SERVICES OR CONTROLS IN THE AREA.
3 . DESCRIBE HOW YOUR PROPOSAL MEETS THE NEED WHICH YOU
HAVE DESCRIBED IN PARAGRAPHS F, 1 and 2 ABOVE.
4. WHAT ALTERNATIVE COURSES OF ACTION EXIST FOR MEETING
THE NEED DESCRIBED ABOVE? DESCRIBE AND EVALUATE :
G. WHAT REVENUE WILL YOUR PROPOSAL REQUIRE FOR THE ACCOMPLISH-
MENT OF ITS GOALS AND WHAT ARE THE PROSPECTIVE SOURCES OF
SUCH REVENUE?
JUSTIFICATION OF PROPOSAL
H. ESTIMATE TO THE BEST OF YOUR ABILITY THE EFFECT OF THE
PROPOSAL ON :
1. COST OF GOVERNMENTAI. SERVICES AND CONTROLS.
2. ADEQUACY OF GOVERNMENTAL SERVICES AND CONTROLS.
3. MUTUAL SOCIAL AND ECONOMIC INTERESTS.
4. LOCAL GOVERNMENTAL STRUCTURE OF THE COUNTY.
I. IS THERE ANY SERVICE NOW BEING PROVIDED IN THIS ANNEXATION
WHICH WILL BE PROVIDED BY THE ANNEXING CITY OR DISTRICT' IF
SO, DESCRIBE IN DETAIL WHAT STEPS YOU WILL TAKE UPON ANNEXA-
TION TO DETACH FROM ANY DISTRICTS WHERE A DUPLICATION OF
SERVICE AND TAXATION WOULD BE INVOLVED:
6.
JUSTIFICATION OF PROPOSAL
J. THE NAMES OF ALL OTHER AFFECTED COUNTIES, CITIES AND
DISTRICTS ARE AS FOLLOWS :
K. ANY OTHER COMMENT WHICH YOU WISH TO MAKE :
L. TO BE COMPLETED FOR FORMATION PROPOSALS ONLY
1 . SERVICES AND MAJOR PROJECTS TO BE PROVIDED BY
PROPOSED AGENCY IN FIRST AND SECOND YEAR OF OPERATION :
2. PROPOSED BUDGET FOR FIRST TWO YEARS OF AGENCY'S
EXISTENCE. ATTACH PROPOSED BUDGET SHEETS AS EXHIBIT
"B" TO PROPOSED REQUEST.
3. ESTIMATED TAX RATE FOR FIRST TWO YEARS OF AGENCY 'S
EXISTENCE. ATTACH TAX RATE PROPOSALS AS EXHIBIT "C" TO
PROPOSED REQUEST.
4. ALTERNATES TO PROVIDING SERVICES OTHER THAN BY
INCORPORATION OR FORMATION
7
JUSTIFICATION OF PROPOSAL
M. SUBMIT ADDITIONAL INFORMATION WHICH MAY BE OF VALUE TO
THE COMMISSION IN REACHING THEIR DECISION ON SEPARATE
SHEETS.
N. NOTICES AND COMMUNICATIONS REGARDING THE PROPOSED CHANGE
SHALL BE DIRECTED TO THE FOLLOWING ( 3 MAXIMUM) :
NAME TELEPHONE
ADDRESS CITY
NAME TELEPHONE
ADDRESS CITY
NAME TELEPHONE
ADDRESS CITY
8.
O ORANGE COUNTY
1 ADMINISTRATION BUILD/IN
515 N.SYCAMORE STREET
ROOM 101
® SO U NTY O F �.- 'a 1'�—J SANTA ANA,CALIFORNIA 92701
2 ?
TELEPHONE: 834-2239
0
AREA CODE 714
o O ' RAIV G E
LOCAL AGENCY FORMATION COMMISSION
CHAIRMAN July 11 , 1977
DONALD J.SALTARELLI
COUNCILMAN
CITY OF TUSTIN
VICE-CHAIRMAN
PHILIP L.ANTHONY
SUPERVISOR
FIRST DISTRICT
Alicia Wentworth,City Clerk
_ DONALD A.McINNIS C i ty of Huntington Beach
COUNCILMAN P.O. Box 190
CITY OF NEWPORT BEACH Huntington Beach, California 92648
STAN NORTHRUP REPRESENTATIVE OF Dear Ms. Wentworth:
GENERAL PUBLIC
THOMAS F. RILEY As you are aware, for six months now I have been doing the
SUPERVISOR filings for completion of city annexations and detachments
FIFTH DISTRICT With the various government agencies.
ALTERNATE There has been some questions as to the effective date of a
REEBURNAP
REPRESENTATIVE OF resolution passed by city council on annexations and detach-
GENERAL PUBLIC ments. It is set forth in the Government Code that after an
ordinance is passed by the city council , the ordinance takes
ALTERNATE effect 30 days after final passage, with certain exceptions.
ALICE J.MacLAIN y p g p
COUNCILWOMAN
CITY OF CYPRESS Dorothy Anderson, Office of the Secretary of State, has sub-
ALTERNATE mitted to LAFCO offices several helpful hints for filing with
LAURENCE J.SCHMIT the Secretary of State. Hopefully, the following items will
SUPERVISOR assist us in preparing documents for completion of filings on
SECOND DISTRICT
city annexations and detachments.
RICHARD T.TURNER I�(1 ) Documents have not been stating whether annexed
EXECUTIVE OFFICER
territory is inhabited or uninhabited territory.
(This information is given to the Office of the
State Controller, Bureau of Financial Analysis, for
the apportionment of shared revenue. )
(2) Document cannot be filed in this office until 30
days after final passage. Many documents have been
held in this office for two or three weeks because
they are being mailed too early. (Section 35310.1
of the Government Code provides that a resolution
approving the annexation shall be considered the same
as an ordinance. Section 36937 states that an ordinance
takes effect 30 days after final passage. This applies
to both General Law Cities and Charter Cities, unless
the provisions of a city charter claims otherwise."
s
Akkk
Page 2
If you have any questions on preparing your documents for
filing with my office, or if I can be of any assistance
please give me a call .
Yours truly,
Richard T. Turner
Executive Officer
RTT:ih
z-7
00
STATE OF CALIFORNIA '
STATE BOARD OF EQUALIZATION GEORGE R. REILLY
ncico
1020 N STREET, SACRAMENTO, CALIFORNIA First District, San Fr IRIS $ EY
ANKEY
7�
(P.O. BOX 1799, SACRAMENTO, CALIFORNIA 95808) Second District, San Diego
916/445.-3007 WILLIAM M. BENNETT
Third District, San Rafael
RICHARD NEVINS
l,,iay 16, 1977 Fourth District, Pasadena
KENNETH CORY '
Controller, Sacramento
DOUGLAS D. BELL
Executive Secretary
To The Addressee :
E�iATION FOR NOTICES OF ANN
AIx•SIIIISTP,ATION OF LOCAL SALES AND USE TAPES
Effective January 1, 1977, the law was changed requiring Local''
Agency Formation Commissions to make annexation filings with
`_ this Board' s Valuation Division for property tax purposes. In--- ,
addition,. -your city must furnish two maps with street address
information for sales and use tax purposes. Please refer to
Article. II, Section J, of the contract between your city and
this Board for State Administration of Local Sales and Use Taxes.
Accurate maps are vital to assure proper: allocation of local
sales and use taxes. In many -instances it is the only means to
identify the jurisdiction in which a business is .,located.
Presently, on many annexation filings. we are not receiving the
maps required to administer local' sales and use taxes. Since
LAFCO' s filin requirements do not include the maps for local
tax purposes you should send them directly to this Board' s
LOCAL TAX UNIT' at the post office box given on this letterhead.
l The maps of the annexed area should include the street address
numbers. Street renamings or renumberings should be furnished
as they occur. If the area is undeveloped, the maps should so
state and the street names and numbers sent when available.
Your city will receive only the local taxes collected fr an
sellers with places of business within the city limits who are
properly identified and coded to the city.
Vey truly yours,
Robert M. Hocking
Supervising Auditor
M.IH:db
G�
June 18, 1970
C . E . [food
Signal Oil and Gas Company
P. 0. Sox 191
Aunt i� ;ton Beach, CA. 92648
Dear Bill:
1 am enclosing a copy of Sect 4797 . 1 the Government Code
o2 the State of California pe t f g to annexation of territory
owned entirely by one laid gar r. believe it is self-explanatory
and :'e It that you might lik ; e the ira L'orma.tlon at hand
i"or suture reference . You wi 1 ote that the LAr'C can approve
and a..uthorize the Le;is• ativ L of the City to annex territory
without notice and he ' 1g, b h egislative Body and without
an election if such i; equir�
Also Lor your inf ti. Yi, t3lieve the beat procedure would be
to file with th y Cle two original, copies oC a letter request-
ing annexation. he C rk will then have Council pass a resolu-
tion of intent t anne subject to approval of the LAFC, and
will submit thi o r with one copy o ' the original letter
requesting annex o LAFC i'or processing. The whole thing
can be performed in something less tlia.n a month normally.
If you have other questions on the matter, I wiil be happy to
endeavor to supply answers for you.
S ince re ly,
Paul C. Jones
City Clerk
PCJ: pa
Enr,losure
CERTIFICATE OF COMPLETION
I, the clerk
of the governing board of the District named herein, hereby
certify that the District has completed a change of organization
pursuant to the District Reorganization Act of 1905, as
follows :
The name of the District is
The name of the county or counties in which the
entire District is located is (are)
The kind of change of organization completed is
an annexation.
0 a detachment.
The short title, if any, of the annexation or detachment
proceeding is
The legal description of the territory annexed or
detached is set forth in the attached Exhibit A.
The terms and conditions, if any, of the change of
organization as set forth in the resolution ordering the change
of organization are contained in the attached Exhibit B.
The change of organization was
ordered without an election and the resolution ordering
the change of organization was adopted by the governing board
of the District on
I] confirmed by the voters and the resolution confirming the
change of organization after confirmation by the voters
was adopted by the governing board of the District
on
Zs/
Sec/State Form .LL-28
CERTIFICATE OF COMPLETION .
I, the clerk
of the governing board of the District named herein, hereby
certify that the District has completed a change of organization
pursuant to the District Reorganization Act of 19055, as
follows :
The name of the District is
The name of the county or counties in which the
entire District is located is (are)
The kind of change of organization completed is
0 an annexation.
Q a detachment.
The short title, if any, of the annexation or detachment
proceeding is
The legal description of the territory annexed or
detached is set forth in the attached Exhibit A.
The terms and conditions, if any, of the change of
organization as set forth in the resolution ordering the change
of organization are contained in the attached Exhibit B.
The change of organization was
Q ordered without an election and the resolution ordering
the change of organization was adopted by the governing board
of the District on
confirmed by the voters and the resolution confirming the
change of organization after confirmation by the voters
was adopted by the governing board of the District
on
/s/
Sec/State Form LL-28
STATE BOARD OF EQUALIZATION
SCHEDULE OF FEES FOR PROCESSING STATEMENTS AND MAPS
FILED PURSUANT TO SECTION 54900, ET SEQ.,
OF THE GOVERNMENT CODE
Effective March 4, 1972
Fees are to accompany statements filed pursuant to Section 54900 et seq of the Government Code
unless prior arrangement for periodic payment has been made.
1. City incorporations, district formations or addition of existing districts to tax rolls;
Reorganizations including the formation of districts or incorporation of cities.
$100+ $0.50 per acre (1)(2)
2. Annexations to or detachments from districts
$30+ $0.50 per acre (1)(2)
3. Annexations to or detachments from cities
$40+ $0.50 per acre (1)(2)(3)
4. Creation of temporary zones within highway lighting districts
$10 per zone in addition to annexation fee
5. Creation of zones or improvement districts concurrently with formation of "Parent' district
$25 per zone or improvement district (1)(2)
b. Creation of zone or improvement district subsequent to formation of "Parent" district
$50+ $0.50 per acre (1)(2)
7. Reorganizations not including formation of districts or incorporation of cities
$40+ $0.50 per acre (1)(2)
8. Name changes or formation of districts or zones that are coterminous with existing cities or
districts; Dissolutions
$20 per county
(1) No fee shall exceed $350 except when the action covered by the statement involves more
than one county. In such cases, add $50 for the second or each subsequent county.
(2) If the action covered by the statement involves two or more noncontiguous areas, add
$10 per area to fee.
(3) The fee for annexations to cities also covers related detachments from special districts
(Fire protection, lighting, etc.).
The above fees will be doubled if the statutory deadline of January 1st for filing state-
ments is extended by legislative action.
REV. 12/71
STATE BOARD OF EQUALIZATION
SCHEDULE OF FEES FOR PROCESSING STATEMENTS AND MAPS
FILED PURSUANT TO SECTION 54900, ET SEQ.,
OF THE GOVERNMENT CODE
Effective March 4, 1972
Fees are to accompany statements filed pursuant to Section 54900 et seq of the Government Code
unless prior arrangement for periodic payment has been made.
1. City incorporations, district formations or addition of existing districts to tax rolls;
Reorganizations including the formation of districts or incorporation of cities.
$100+ $0.50 per acre 1,1)(2)
2. Annexations to or detachments from districts
$30+ $0.50 per acre (1)(2)
3. Annexations to or detachments from cities
$40+ $0.50 per acre (1)(2)(3) "
4. Creation of temporary,zones within highway lighting districts
$10 per zone in addition to annexation fee
5. Creation of zones or improvement districts concurrently with formation of "Parent" district
$25 per zone or improvement district (1)(2)
b. Creation of zone or improvement district subsequent to formation of. "Parent" district
$50+ $0.50 per acre (1)(2)
7. Reorganizations not including formation of districts or incorporation of cities
$40+ $0.50 per acre (1)(2)
8. Name changes or formation of districts or zones that are coterminous with existing cities or
districts; Dissolutions
$20 per county
(1) No fee shall exceed $350 except when the action covered by the statement involves more
than one county. In such. cases, add $50 for the second or each subsequent county.
(2) If the action covered by the statement involves two or more noncontiguous areas, add
$10 per area to fee.
(3) The fee for annexations to cities also covers related detachments from special districts
(Fire protection, lighting, etc.).
The above fees will be doubled if the statutory deadline of January 1st for filing state-
ments is extended by legislative action.
r
REV. 12/71
CHATTER XII �►
ANNEXATIONS
® A. PREFACE
State annexation laws impose numerous duties upon the city clerk. (See
Chapter 1.). It is, therefore, necessary to be concerned with annex=
ation of territory to the. city, since the city clerk's duties are an
important part of the process.
B. INIMITED
The annexation of inhabited territory is accomplished under the Annex.;
ation Act of 1913 which appears in the Government Code, Sections 35100
through 35158. The following outline re:'resents a general outline
whereby annexations are successfully accomplished. No effort has been
Y made to include a detailed breakdown of all the hazards and pitfalls as
each particular proposed annexation will have to be independently eval-
uated. The following are the general steps:
I. The proponents should request the Boundary Commission to approve
the boundary description of the territory proposed to be annexed.
(Govt. Code Sec. 35002). This step is not actually necessary until
prior to the circulation of the petition, however, to avoid con-
fusion, it should be the first order of business.
2. The proponents request the consent of the City Council to commence
proceedings. (Govt. Code Sec. 35106).
3. The City Council must refer the matter to the Planning Commission
for report and recommendation prior to 'Council' Consent (GC 35108)
and cannot act until after the Planning Commission submits its re-
commendation or 40 days elapse after the reference to the Planning
Commission (GC 35109).
4. The Planning Commission makes its report and recommendation to the
City Council (GC 35108).
5. The City Council, by resolution, consents to the commencement of
proceedings (GC 35106).
6. The proponents publish a notice of intention to circulate petitions,
which shall be accompanied by a printed statement containing rea- (new
sons for annexation (GC 35111). The notice must be published once
in a newspaper of general circulation within the City (Elections
Code Sec. 4002).
7. The proponents, within 10 days after publication, file a copy of
the notice and an affidavit of the publishing of same with the
City Clerk (GC 35112).
8. The City Council adopts a resolution acknowledging receipt of the
notice and approving circulation of the petition (GC 35113). This
• should be done within 15 days after the notice and affidavit are
filed with the City Clerk. The effect of such a resolution is to
preclude inconsistent steps involving incorporation or annexation
for a period of 50 days.
NOTE: Includes amendlzents enacted at -che 1.961 Legislative Session.
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9. Twenty one days after the publication of' notice, the petition
may be circulated (GC 3514, EC 4006).
10. Within 50 days (GC 35113) the petition should, and within six
months the petition must (GC 35001), be returned to the City
. Clerk. with. the signatures of at least one-fourth of the regis-
tered voters living within the territory proposed to be annex-
ed. (GC 35116). Petition shall not contain any date prior to
six months from date of filing GC 35001). (new)
11. If the property to be annexed is to be taxed for bonded indebted-
ness of the City previously incurred, or improvements of the city
previously constructed, then the petition should contain reference
to this (GC 35147).
12. When a petition signed by not less than 1/4 of the qualified elec-
tors of the area to be. annexed is received, the City Clerk and
County Registrar of Voters must check the petition and certify
its sufficiency within two weeks (GC 35116).
13. If petition is insufficient, supplemental petition may be filed
within 10 days .(GC 35116).
14. If the certificate shows petition_ is sufficient, Council without
delay shall pass a resolution of intention to call a special
election (GC 35116). The resolution of intention should provide
for a hearing.,on protests not less than 15 nor more than 40 days
after the passage and adoption of the resolution (GC 35118).
15. If a school district change is to be included in the annexation,
a determination must be made prior to adoption of resolution of
intention. Only under certain conditions is it possible for
territory to-be annexed to become a part of any school district
within the City to which it is annexing. (Education Code, Sec.
1721-1722).
16. the Clerk shall cause a copy of the resolution to be published
at least once a week for the two weeks prior to the hearing
.(GC 35119)..
17. The Clerk shall mail written notice of the proposed annexation
to each owner of equitable or legal.interest in land within the
territory—to be annexed who has filed his nave and address and
description of the land with the Clerk. Such notice shall be
mailed not less than 20 days before the public hearing. (GC 35119).
Note: It is not necessary to mail such notice to property owners
except where they have filed their names and address with the
City Clerk.
18. Written protest to proposed annexation may be filed by owners
of property within the area to be annexed until final adjourn-
ment of hearing. If protests are insufficient, Council recesses
for 10 days to allow for the filing of supplemental protests. .
(GC 35120) : Protests may be withdrawn by person making same at (new)
anytime prior to final adjournment of hearing. GC 35012).
Note.:. The question of protests has become increasingly compli-
cated and. in checking and preparing; a report on protests, the
Clerk should consult with the City's legal advisor in making
determinations on validity of protests.
-63-
r 19. Council shallodopt resolution of findings re, ring sufficiency
of protests at the public hearing or within 10 days after clos-
ing of hearing. Failing to do so, protests are considered suf-
ficient to. terminate further proceedings. (GC 35121.1) (new)
20. If there is a majority protest, that is, if protests are filed
by the owners of one-half of the value of the territory (land
only) proposed to be annexed, the proceedings shall terminate
(GC 35121).
21. If there is no majority protest, and if the Council elects to
proceed, the Council may reduce the area proposed to be annexed
by not more than 5% (GC 35121.5).
22. If Council finds by resolution there is no majority protest,
Council shall call a special election without delay or adopt
a resolution terminating .the proceedings. , If value of terri-
tory to be annexed equals one.-half or more of that within the
City, or number of electors of territory to be annexed equals
one-half or more of electors within the City, a special (new)
election shall be called within the City concurrently with
election in area to be annexed. (GC 3512L)
23. The election shall be held not sooner than 54 days and not
later than 75 days after the termination of the hearing on
protest (GC 35122).
24. The City Council shall cause the notice of election to be
published at least once a week for the four weeks prior to
the election in a newspaper outside of the City but in the
County; and if a special election is rewired to be held (new)
inside the City as well, publication shall also be made in a
newspaper of general circulation inside the City. (GC 35123)
25. Procedure for conducting election. (GC 35124-35132).
26. Council resolution declaring election results. (GC 35133)•
27. If a majority of votes cast is for annexation, the legislative
body may approve the annexation by ordinance. (GC 35135)•
28. When effective, certified copy of ordinance.together with the
City Clerk's certificate showing the date, time and result
of the canvass and description .of the territory, shall be
transmitted to the Secretary of State. (GC 35142).
29. Annexation is complete upon date the ordinance is filed by the
Secretary of State. Territory becomes a part of the City for
all purposes on the date of filing by the Secretary of State
or the date of the filing of the affidavit of completion with
the County Recorder, whichever occurs later. (GC ,35146-34080). (new).;
30. Affidavit of completion sent to County Recorder (GC 34080-34081).
• 31. Statement of boundary change with legal description and map of
annexed area sent to County Assessor and State Board of Equaliza-
tion. Also, to Superintendent of Public Instruction and County
Superintendent of Schools if annexation included change in school
district. (GC 54goo-54905).
-64-
T1ote: include 3 cos of map to State Board of Equzation
showing names and addresses of streets wholly or partially with-
in annexed area for sales tax collection purposes.
32. Legal description and map sent to utility companies and local
district office of State Division of highways.
33• City departments notified of completion of annexation and sent
map.
34. Council should adopt resolutions withdrawing annexed area from
special assessment districts.
35• Council refers to Planning Commission for zoning recommendation.
C. SUGGESTED CI-MCK-OFF FOMS:
Some clerks have devised a procedural form which the office can use to
indicate on what date a particular action was taken..... By faithfully
making entries on such a form, it is possible to know at a glance at
what stage a particular inhabited or uninhabited annexation has arrived.
Upon the completion of the annexation, the form should be inserted in
the particular annexation file. It, thus, becomes a valuable summary
record of the entire procedure.
Inhabited Annexation -
A sample type of check-off form for an inhabited annexation could be
set up as follows :
Annexation of Inhabited Territory
"Annexation Act.of 1913"
Name of Annexation -
County Precinct Numbers
DATE
Petitions to commence proceedings filed with City Clerk (GC Sec.
35lo6)
Petition referred to City Planning Commission by City Council
(GC Sec. 35108) Resolution No.
Report from City Planning Commission filed (GC Sec. 35109)
Council Resolution # consenting to commencement of
proceedings adopted GC 35106-35107)
Petition to County Boundary Commission filed (GC Sec. 35002)
Report from County Boundary Commission filed
Notice of intention to circulate petition published by pro-
ponents (one time) (GC 35111, EC Secs. 4002, 4003)
Affidavit of publication and copy of notice filed with City
Clerk (within 10 days after publication) (GC Sec. 35112)
(EC Sec. 4005)
Council resolution # consenting to circulation of
petition adopted (within 15 days after filing of
affidavit) (GC 35113)
_ 65 _
Circulation of Oition commenced (more than 21 rs after pub-
lication of notice) (GC Sec. 35114)
Petition filed with City Clerk (within 6 months after first date
on petition) (GC Sec. 35001)
Certificate of City Clerk and Registrar of Voters_as to suffic-
iency of petition filed with City Council (within 2 weeks after
receiving petition) (GC Secs. 35000, 35116) (EC Sec. 4009)
Supplemental petition filed (within 10 days, if necessary)
(GC 35116) (EC Sec. 4009)
Council resolution # of intention to call special election
and setting. hearing date (not less than 15 days nor more than
40 days) Adopted (GC Secs. 35116-35117)
Resolution published in (newspaper) in territory (once a week
for two weeks) (GC Secs. 6066, )5119)
Notices mailed by clerk to owners requesting (not less than
20 days before hearing) (GC Sec. 35119)
Hearing held (not less than 15 or more than 40 days) after pas-
sage of resolution and continued to for receipt of ad-
ditional protests. (GC Sec. 35120)
Resolution ` - determining minority protest. Adopted
Council resolution or ordinance calling election (not
sooner than 54 days nor later than 75 days) (GC Sec. 35122)
or
Council resolution #{ � �. terminating the proceedings adopted.
Polling Place (GC Sec. 35126)
Appointment of Inspectors) and judges (GC Sec. 35127)
Notify election officers (EC Secs. 1618, 1619, 1621)
Order ballot paper, precinct and absentee supplies
(EC Secs. 1001, 1004)
Design ballot and polling place card (EC Sec. 10012) (GC Sec.35128)
(EC Secs. 10213, 10299, 22870, 22873)
Notice of annexation election published in (newspaper) once
a week for 4 weeks in newspaper outside city but in county.
(GC Secs. 35123, 35124)
First day for absentees (EC Sec. 14621)
Mail sample ballots (EC Sec. 10012)
® Last day .for absentees (EC Sec. 14621)
Election held
- 66 -
Canvass by Council (GC 711s. 35132, 35133) \_
Certificate re absent voters (EC Sec. 14624)
Affidavit re unused ballots (EC Sec. 14439)
Council resolution declaring election results
adopted (GC Sec. 35133
Ordinance approving annexation given first reading
(GC Sec. 35135)
Ordinance approving annexation given second reading
Ordinance approving annexation adopted
Ordinance approving annexation effective
Ordinance approving annexation pubiished. in
(newspaper For posted)
When effective; certified copy of ordinance -sent to
Secretary of State, together with Certification of
Election Returns (GC Sec. 35142).
Date certified copy of ordinance filed by Secretary
of State (GC Sec. 35145)
Statement of boundary change, ordinance with legal des-
cription and a map sent t to County Assessor andHoard
of Equalization (GC Secs. 54900, 54905)
Map and legal description to State Division of Highways
Affidavit of compliance sent to county recorder
(GC Secs. 34o80, 35146)
Statement, ordinance and/or map sent to city and county
departments and to local district office of the State
Division of Highways, Utility Companies, Pacific Fire
Rating Bureau, Census Bureau, etc.
Council resolutions withdrawing annexed area from special
districts (where applicable)
Resolutions sent to proper authorities
Council refers to Planning Commission for rezoning
D. UNINHABI`LED:
If less than twelve persons who have been registered to vote (new)
within the territory for at least 54 days. reside within an
area at the time of the filing of the petition for annexation,
the annexation is accomplished under the Uninhabited Territory
Act of 1939 (Government Code 35300 through 35326) and does not
require an election. The following represents a general out-
line only, whereby annexations may be successfully accomplished
under the uninhabited act and the code citations noted should be
referred to for complete details. The following, are the general
steps:
-67-
1. Proponents of annexation or legislative body should submit pro-
posed description of boundaries of annexation to County Bound-
ary Commission. Commission has 20 days to act. (GC Sec. 35002)
• 2. Ii petition is signed by the owners of not less than one-fourth
of the land in the territory by area and by assessed value as
shown on the last equalized assessment roll of the county
(GC Sec. 35305) or if legislative body decides to initiate
action on its own motion (GC Sec. 3531.0), the annexation ..
(GC Sec. 35306)and hearing thereon not less than 40 (15 days if
all owners consent) nor more than 60 days after passage of
,resolution. (GC Sec. 35307)
NOTE: In an uninhabited annexation, it is not necessary that
the matter be referred to the Planning Commission.
3. If a school district change is to be included in the annexation,
a determination must be made prior to adoption of resolution.
Only under certain conditions is it possible for territory to
be annexed to become a part of any school district within the
City-tb.:which it is annexing. (Education Code Sacs. 1721, 1722)
4. The City Clerk shall publish resolutions twice - not oftener
than once each week - in a newspaper of general circulation
published in the City and also in a newspaper of general cir-
culation published outside the city but in the county, publica-
tion to be complete at least 20 days before date set for hear-
ing. (GC Sec. 35311)
NOTE: If proceedings are initiated by owner or owners of all
of the territory to be annexed, publication of resolution out-
side city is not required.
5. The City Clerk shall mail notice of proposed annexation to each
person to whom land within the territory proposed 'to be annexed
is assessed in the last equalized county assessment roll, unless
all owners have petiti_oned. (GC Sec. 35311)
6: Written protests to proposed annexation may be filed or with- (new)
drawn by owners of property within the area to be annexed at
any time prior to final adjournment of hearing. (:GC Secs.
35012, 35312)
7. `If there is a majority protest, that is, if protests are filed
by the owners of one-half of the value of the territory (land
and improvements) proposed to be annexed, further proceedings
shall not be taken. (GC Sec. 35313)
8. If there is no majority protest, and if the Council elects to
proceed, the Council may reduce the area proposed to be annexed
by not more than 5�/0. (GC Sec. 35313.5)
9. If there is no majority protest, the Council shall approve or
disapprove the annexation; by ordinance, within 60 days.
(GC 35314)
10. When ordinance is effective, the City Clerk shall transmit
certified copy to the Secretary of State (GC Sec. 35316)
11. Annexation is complete upon date the ordinance is filed by the
Secretary of State: Territory becomes a part of the city on the
-68-
date of filing 'r�the Secretary of State or the da&e of
filing of complE. on with the county recorder whl, ,ever (new)
occurs later. (GC Secs. 34080, 35318)
12. Affidavit of completion sent to County Recorder. (GS Sees.
34030, 353i8) J
13. Statement of boundary change with legal description and J
map of annexed area sent to county, assessor and State
Board of Equalization. Also, to Supt. of Public In-
struction and County Superintendent of Schools if an-
nexation included change in school districts. (GC Secs.
54900, 54905)
NOTE: Include 3 copies of map to State Board of Equal-
ization showing names and addresses of streets wholly
or partially within annexed area for sales tax collection
purposes.
14. Legal description and map should be sent to utility com-
panies and local district office of State Division of
Highways.
15. Notify city departments of completion of annexation and
.send map.
16. . Council should adopt resolutions. withdrawing annexed area
from special districts.
17. Council refers to Planning Commission for zoning.re-
commendation.
NOTE: If the property to be .annexed is to be taxed for
bonded indebtedness, or liability of the city contracted
prior to or existing at time of annexation, the written
consent of the owners of more .than 2/3 of the value of
the territory must be filed with;the City Clerk at some
time during the proceedings prior to the adoption of
the ordinance approving the annexation. . (GC Sec. 35319)
This could be a part of the original petition requesting
annexation.
Uninhabited Annexation - A different type of check-off
form could be set up as follows for an uninhabited an--,
nexation procedure.
Annexation of Uninhabited Territory
("Annexation of Uninhabited Territory Act of 1939" )
Designation
PATE
1. Petition requesting annexation - written
consent of property owner to pay any prior
indebtedness or liability of the city Received by Clerk
(GC Sec. 35305) Filed -by Council
2. County Boundary Commission approval (ltr. )Dated
(GC Sec. 35002) Filed by Council
3. Council Resolution No. initiating
proceedings and setting hearing (not less.
than 40 no more than 60 days.) (GC-.Secs'. Adopted
35305, 35306, 35307) Date of Hearing
-69-
DATE
a. Oblished in (newspaper) (once al&ek
for 2 weeps at least 20 days prior to
hearing (GC Sec. 35311) Published
b. Published in (newspaper) unless pet-
ition is initiated by owners of all
the territory same publication as in
(a) must be made in a newspaper pub-
lished outside the city but in the
county). (GC Sec. 35311) Published
4. Mail notices of hearing to each property
owner within territory unless all owners
have petitioned (at least 20 days before
hearing). (GC Sec. 35311) Mailed
5. Hearing held (not less than 40 nor more
than 60 days after passage of resolution.
Finding by the council determining no Received
majority protest filed. by Clerk
6. Ordinance No. (approving) (dis-
approving) annexation given first read-
ing. (GC Sec. 35314)
Second Reading
Adoption
Effective
Published in (newspaper) (or posted)
7. Certified copy of ordinance approving
annexation sent to Secretary of State
when effective (GC Sec. 35316) Mailed
Filed by Secretary of State (GC Sec. 35317)Filed
8. State of Boundary change, ordinance
with legal description and a map sent
to county assessor and to State Board
of Equalization (GC Secs. 54900, 54905) Mailed
9. Affidavit of compliance sent to County
Recorder (GC Secs. 34080, 35318) Mailed
10. Statement, ordinance and/or map sent
to city and county departments and to
local district offices of State Division
of Highways, utility companies, Pacific
Fire Rating Bureau, Census Bureau, etc. Mailed
11. Council resolution withdrawing annexed
area from special districts (where
applicable)
12. Resolutions distributed to proper,
authorities. Mailed
-70-
ZSoo
ORANGE COUNTY DIVISION • P.O. BOX 1319 SANTA ANA. CALIF. 92702
JUSTIN M. KE.NNEDY ,
DIVISION MANAGER
December 13, 1966
1
Dear City Clerk:
As in past years we would like to request a list of all
annexations made and incorporations completed by your city : .
during the, calendar year of 1966.
Would you kindly include the following information on
your list:
Designation of annex
Ordinance number
Effective date (date filed with Secretary of State
or County Recorder) -
We would appreciate receiving your list as soon as it
is available as it has been requested by our central office
for use in determining franchise taxes for 1966.
A.return envelope has been enclosed for your convenience.
Thank you,.
Southern Counties Gas Company
Map Section
e
ROUTING
1
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AN
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t i I I• 1 � � I I I I I � � I j
�41e�enme fn
` THE CITY OF HUNTINGTON BEACH
MAP ON FILE
WITH CITY CLERK
e
A °a
t,
August 4, 1966
The Honorable Mayor and
.Members of the City Council
The City of Huntington Beach
Huntington .Beach,. California..,.
Gentlemen•
There have recently been a number of newspaper -articles which have
indicated that the City of. Seal Beach is actively engaged in the
annexation of the areas known as Sunset Beach and Surfside. There
have also been newspaper .articles that indicated that the City
Council of the City of . Seal Beach was involved in lawsuits affect-
ing the water system serving the aforementioned areas .
Please be advised that at their regular meeting of .August 1, 1966,
the Seal Beach .City Council adopted a motion that stated that the
City Council is on record as having no current plans for annexing
the areas known as Sunset Beach and Surfside, and that the records
should show that the City Council has had no discussions with
residents of the area and is not- involved in any lawsuits affecting
the area. The Council further directed that this information be
transmitted in writing to the City of Huntington Beach, The Sunset
Beach Chamber of Commerce, and the Press .
Very 'truly yours ,
THE CITY 'OF SEAL BEACH
Lee.Risner
City Manager
LR:fh
U
March 23, 1966
Frank It. Jordan
Secretary of State
State of California,
Capitol Building
Sacramento, California
Honorable Secretary of State:
The City Council of the City of Huntington Beach at
their regular meeting hold Monday, February 21, 1966,
passed and adopted by an affirmative vote of more than
a majority of all the members of said City Council
Ordinance No. 1188, approving the annexation of certain
uninhabited territory designated as "Bolsa Chica No. 5
n' n Annexation" to the City of Huntington Beach.
Enclosed herewith is a certified copy of Ordinance No.
1188, together with a map delineating the area described
in the Ordinance and said area outlined on the map.
It is requested that you send us two copies of the Certi-
fication.
Sincerely yours,
CITY OF HIATTINGTON BEACH
Paul C. Jones
City Clerk
Pcitmit
Enc.
2S"
8-1 Agenda
IING
J�
O�CµPORATF�eF,��
* CITY OF
----------------- ------------------
�e - ;:P' �Q CALIFORNIA
469
NTY GP
July 27, 1966
N C -'cc r-Th t-a
City Council GTjo/J
City of Huntington Beach AUG - -19--+'a
Subj unse Beach
Roadway and Ocean Annexation
Gentlemen:
In cooperation with the Public Works Department, Finance Depart-
ment, and Planning Department, we have taken a look at the
advantages and disadvantages of the above mentioned subject.
Based on present oil production of leases contiguous to the
area, we estimate a yearly income of approximately $30, 000
from tidelands oil. Inasmuch as the area being considered
is a county road and three miles of ocean, we would not
anticipate land use problems. - We find, however, that during
the February-March storms of 1963, in four days, 24 hours
each day, the Orange County Highway Department and the Orange
County Flood Control District spent $6, 600 in labor and equip-
ment alone to protect homes in the area from total demolition.
We find an estimate for beach maintenance costs in the area of
$15,464 annually, plus an initial capital outlay of $17, 250 in
order to adequately maintain the beaches.
Although this is purely an assumption on the part of the
Administrator, I feel that the Local Agency Formation Commission
action, based on existing State statutes regulating annexations
of ocean in front of beach communities, would be unanimous
denial of a request to annex this area. Inasmuch as efforts
are now being made to establish better communications and a
better understanding between our two communities, it is my
recommendation that this study be received and filed, and
the Administrator instructed to take no further action.
I
oyl filler
DM:bwo City Administrator
2
3 RESOLUTIOB Woo 2309
4 RESOLUTION 0? THE CITY COUN'IL OF THE
CITY OF SUNTINGTON BEACH* CALIFORWIAp
5 STATING THE HiSULT, OF THE CANVASS OF
ELECTION RETURNS 0? THE SPECIAL ANNEX
6 ATICN ELECTION HBLD JANUARY 25* 1966,
AS CERTIFIED TO THEA BY THE CITY CLERK.
7
8
WHEREA39 the City Council of the City of Huntington
9 Beach* California# by Resolution No.2268* duly called and
10 provided for the holding of a Special Annexation Election
11 on January 25th, 19669 In the territory proposed to be on-
12 nexed In the annexation designated, "Bolse Chios No. 5 An-
13
nexation" to the City of Huntington Beach; and
14
15 WHEHEAS9 due notice of the holding of sold Special
16 Annexation Election has heretofore been given at the time
17 and In the manner provided by low; and
18 WHEREkat the City Council of the City of Huntington
19 Beach* Callfcrnia# has duly assembled at its usual place of
20 meeting to receive the oertification of the returns of said
21 election as determined by the City Clerk conducting sold
22 canvass for the CityCouneil;
23
24 NOW THEREFORE, the City Council of the City of Hunt.
25 ington Beach, California, does hereby RESOLVES DETERMINE
26 and DECLARE as followes
27 Section 10 (a) That the proposition submitted to
28 the voters at such election was as followas
29
30 -
1
2 STATEMENT OF CITY CLERK
3
4 I, maul C. Jones, the duly elected, qualified, and acting
City Clerk of the City of Huntington Beach, and Ex-offiolo
5 Clerk of the City Council of said city, do hereby certi-
fy that, in accordance with direction from said City
6 Council set forth in Resolution No. 2293, did conduct
the canvass of the returns of the Special Annexation .Elect-
,I 7 ion held in said City on January 25, 1966, submitting to
the qualified voters in said area to be annexed the propo-
8 sition set forth in Resolution No. 2268, and stated as
follows :
9
"SHALL THE BOLSA CHICA No-5 ANNEXATION BE ANNEXED
10 T0, INC£RPORATED IN AND MADE A CART OF THE CITY
11 OF HUNTINGTON SEA °H AND THE PHOPERTY IN SUCH
TER3ITGR.Y .SE, AF` E'R SUCH ANNEXATION, SUBJECT TO
TAXATION EQUALLY WITH PROPERTY WITHIN THE
12 CITY OF HE3N°T'INGTON BEACH, TO FAY `I.'HE ENTIRE BOND-
ED INDEBTEDNESS OF Trrig CITY OF HUNTINGTON BEACH
OUTSTANDING OR RUTHORI:GO AT THE DATE OF THE
14 FILING OF THE PETITION FOR ANNEXATION FOR THE
ACZUISITION, CONSTRUCTION OR ( OMPLETION OF
15 MUNICIPAL IMPROVEMENTS?"
16 I further certify that the absentee voter ballots have ,been
duly canvassed and counted as required by law and the re-
17 sult of such count is hereinafter stated; that I have duly
canvassed the returns of said election and from said re-
18 turns it appears that the total number of votes cast in the
precinct established for said election upon said proposition,
19 and the number of votes therein for and against said prop-
osition, the total number of absentee votes cast in the
20 election precinct established for said election upon said
proposition, and the number of votes therein for and
21 against said proposition, the total number of absentee votes
cast at said election upon said proposition for and against
22 said proposition and the total number of votes cast in said
City upon said proposition and for and against said prop-
23 osition, are as follows:
24 TOTAL
VOTES
25 Precinct Re ect YES NO CAST
H �iA RED D� (,�.
26 1 16793 Green St 1 50 21 72
27 Absentee Ballots Cast 3 __3_�
28 TOTAL VOTES CAST 1 53 21 75
29
30
1.
Res. .No. 2309
1
2
3
"SHk `'HE BOLSA C'HICA Igo. 5 A :N '.XATION aS ANNEXED
4
TO, 1N0'Q11 01--1A1'�.`D IN AND MAD► A PART OF THE CITY
5 OF HUNTINGTON BEACH AND THE PRO.lE TY IN "SUCH MR-
6
ITOHY BE' AFTZR '_yUCH AN -.X. TION, SUBJECT TO TAXA-
7 TION EQUALLY WITH THE w° vP IRTY WITHIN THE CITY OF
8 HU PINGTON BEACH, TO PAY THE EINTI E SONDE SONDED INDEBTw
9 EDNESS OF TH`t"; CITY OF HUNTINGTON BRACH, OUTSTANDING
10 CA AUTHORIZED AT SHE DATE OF THE: FILING OF THE PE-
11
TITIO.N FOR ANNEXATION FOR THE ACQUISITION* CONSTRUCT.
12
ION OR COO LE710N OF 'MUNICIPAL IMPROVE,'IFENTS?"
13 (b) That the whole number of vote east
14 In the area designated as the "Boles Chine Hra.5 Annexation"
15 at said Special Annexation Election, Including absentee
16 votes, is _Zj .
17
18 (c) That the name of the Annexation voted
19 for, the number of votes given In the precinct to the
"Hose Chico No, 5 Annexation$" together with the whole num-
20
ber of votes wbieh the said �Bolea Chita No. 5 Annexation"
21
22 received In the entire eres, are as follows:
23
24
25
26
27
28
29
30
2.
r
r
W game ot N N N N N N N i-- )-A 1--+ F-A i-j � F- �+ ►- 1�
O jwMXqtj0fi, N P W N i-+ O \10 00 —r M In W \.O Oo v ON vs W N t
Voted For: Reject Precinct No. 1 Absentee Votes 'Total Votes TOTAL
VOTES
For: Ageinsts For: A 8insti For: A wgainst: CAST
, *Bole€ Chios
No.
Annexation 10 21 0 3 21 25.....
1 50 21 Q .
. o
1 -
2
3
4 1 further certify thet the votes of a majority of all the
voters voting at said election were cast in favor of the
5 adoption of said proposition.
6
7
Paul C. Jones
8 My MR an 3 ek-of cio Clerk
9 of the: City Council of the City
of Huntington Beach, California
10
11 By: ERNESTINA DTPARM
Deputy City Clerk
12
13
14
15
16
17
18
19
20
21
22
23
i 24
25
26
27
28
29
30
2.
Res. No. 2309
2
Seetion 2, It Is hereby found and declared that the
3
area known as the "Bolas Chios No. 5 krinexation" was voted
4
to be annexed to the City of Huntington Beach by a majority
5
of the votes cast.
6
7 Seotion 3- The City Clerk Is hereby directed to
8 enter on the reoords of the City Council a statement of the
9 result of sold elevation as required by law.
10 Section 4* That the City 0"Jerk shall attest and
11
certify to the passage and adoption of this Resolution by a
12
majority of the votes of the members of the City Council of
13
the City of Huntington Beach.
14
15 PASSED AND ADOPTED by the City Council of the City
16 of Huntington Beschl, California, by a vote of more then a
17 majority of all its members, at a regular meeting of said
18 City Counell held on the 7th day of February, 19660
19
20 Donald D ShiRley
21 mayor
22 ATTEST:
23
RaW C 7nngs
24
City Clerk APPROVED FOR FORM s
25
By: IERNESTINA DTFAUTO JAMES D. PLUNNIKETT
26 Deputy City Clerk JWMES D. FrU-UETT*
27 City Attorney
28
29
301
40
•
{ Res. No. 2309
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL Ce JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is five; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 7th day of February ,
19_EL, by the following vote :
AYES: Councilmen:
Welch, Gisler, Lambert, Shipley
NOES: Councilmen:
None
ABSENT : Councilmen:
Stewart
Paul C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By: rjgNrS NA D FABIO
Deputy City Clerk
January 11, 1966
Crest Homeowners Association
18432 Goodwin Lane
Huntington Beachq California
j Re: De-annexation
i
Gentlemen:
Your informal petition for de-annexation was presented to the
Governing Board of the Midway City Sanitary District at their regular
meeting January 6, 1966.
The Board by official action authorized their Attorney and
Engineer to draft a resolution to the Local Agency Formation Commission
to de-annex the area outlined.in your plan and legal description. Also,
by offichal action, the Board voted to relieve the property from the Bond
indebtedness when de-annexation is completed.
The District has been advised by their legal counsel that in
order to be relieved from being taxed by the Midway City Sanitary District
for the year 1966-67, the de-annexation would have to be accomplished by
January 1, 1966. If this de-annexation is approved by the Local Agency
Formation Commission prior to January 1, 1967, the property owners will
be relieved of the tax charge to the Midway City Sanitary District on the tax
bill for 1967-68 and henceforth.
The Governing Board considered and agreed that a processing fee
should be charged to help defray the expenses of attorney, engineer and
publication costs in connection with the de-annexation. By minute order, the
Board authorized the District to submit the enclosed invoice for $325.00
processing fee. When this fee is received, the District will notify their
attorney and engineer to proceed with the de-annexation.
Yours very truly,
MIDWAY CITY SANITARY DISTRICT
r
i
W L. Swinson
WLS:wm ger
encl.
i cc: Citv of Huntin-aton Beach°
' INVOICE
MIDWAY CITY SANITARY DISTRICT
7631 — 13TH STREET No. 128 _
WESTMINSTER, CALIFORNIA
I
January 11 ._, 19,0—__
To: Crest Homeowners Association
18432 Goodwin Lane
Huntington Beach, California_
DESCRIPTION
Processing fee for de-annexation of Huntington Beach property $325.00
DUE AND PAYABLE UPON PRESENTATION
/�. • • • (Published Huntington Beach NeWS
AtTIL `.1vit of PUblicat ol. ije�nexa ut+ f sal u tarot or Yoe"city
r dY err/ vexation or said territory to the City
of Huntington Beach; and if an elector
shall stamp a cross (+) in the voting
State of California I
square after the printed word "No" the
County of Orange ss vote of such elector shall be counted
City of Huntington Beach against such annexation.
J. S. Farquhar, being duly sworn on oath, says: That he is a In all particulars not herein recited
said election shall be held in conformity;
citizen of the United States, over the age of twenty-one years. as near as may be, with the laws of
That he is the printer and publisher of the Huntington Beach the State of California concerning gen- ,
News, a weekly newspaper of general circulation printed, published Aeral
of elections
and with said Annexation
and circulated in the said County of Orange and elsewhere and
published for the dissemination of local and other news of a general SECTION 4. (a) For the purpose of
character, and has a bona fide subscription list of paying subscribers, said election there is hereby established
and said paper has been established, printed and published in the in the territory described herein one (1)
State of California, and County of Orange, for at least one year next voting precinct. The following is thepolling place of said election precinct
before the publication of the first insertion of this notice; and the and the following named persons hereby
said newspaper is not devoted to the interest of, or published for the are named officers of election and
entertainment of any particular class, profession, trade, calling, race sha such ll constitute
iothe boards of election
or denomination, or any number thereof. precincts.
The Huntington Beach News was adjudicated a legal newspaper PRECINCT NO. t (Consisting of a por-
of general circulation by Judge G. K. Scovel in the Superior Court I tion of orange coun-
of Orange County, California August 27th, 1937 by order No. A-5931. (` ty sunset Beach No.I
4 Precinct)
Polling Place— Thomas Residence
16793 Green Street Ip
That the RESOLUTION NO. 2268 Inspector— Mrs. Josephine B.
Antonowitsch ,
Judges — Mrs. M. Katherine=
Thomas)
of which the annexed is a printed copy, was published in said news- Hors. Verna Creciat
(b) For their services in connection
One Issue with said election, said inspector shall,
paper at least receive $21.00 and said judges $18.00 J
December each; and the person in possession of,i
Of j the Polling Place named herein shall
commencing from the 2n Y
da receive for the use of such premises
December in connection with said :election the
19 65, and ending on the 2nd day of sum of $15.00.
SECTION 5. The city Clerk snail
19 65 both days inclusive, and as often during said period and Publishit
a notice of special election as
times of publication as said paper was regularly issued, and in the required by said Annexation Act of
regular and entire issue of said newspaper proper, and not in a 1913, at least once a week for 'tile
supplement, and said notice was published therein on the following j four (a) weeks prior to the date of the : a
election on January 25, 1966, in the
dates, to-wit: Huntington Beach Independent, a news-
paper of general circulation'printed-and
December 20 1965 published outside of the City of Hunt-
ington Beach but in the County of
n Orange, California.
SECTION 6. The City Clerk shall cer. t
�j tify to the adoption of this resolution
and cause the same to be Published
Publisher once in the Huntington Beach News.
PASSED AND ADOPTED by the City
day of Council of the City of Huntington ,
Subscribed and sworn to before me this Beach, California, at a regular a--
9 journed meeting thereof held on the
.C c� '✓t 19 " 26th day of November 1965.
r DONALD D. SHIPLEY
LEr �a/?� /tea Notary Public ATTEST: Mayor
Orange County, California PAUL C. JONES
t�� STATE OFCA CALIFORNIA
THOMAS D. WYLLIE COUNTY OF ORANGE
G�ITY OF HUNTINGTON BEACH I
55.
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN I, PAUL C. JONES, the duly elected,
qualified and acting City Clerk of the
ORANGE COUNTY City of Huntington Beach, and'ex-officio
Clerk of the City Council of said City,
Sept. �3, 19� do hereby certify that the whole number
My Commission ExpIfP.S P of members of the City Council of the
City of Huntington Beach is five; that
the foregoing resolution was - passed
-_—_ — and adopted by the affirmative' vote
of more than a majority of all the
members of said City Council at a
regular adjourned meeting thereof held
on the 26th day of November, 1965, by
the following vote:
AYES: Councilmen:
Gisler, Lambert, Shipley
NOES: 'Councilmen:
None
ABSENT. Councilmen:
Welch, Stewart
PAUL C. JONES
City Clerk and ex-officio Clerk,
of the City Council of the City
of Huntington Beach, California
City of Huntington Beach
County of ®range
State of California
�ffibavff Ulf Publiratlixin
of J. S. FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By
Deputy Clerk
Open ?a.m: 'til 2 a.m.
=080' E IW4rds , �8' 97-97.70
o Hu'it inglon Beach
Van & Storage Co.
City State Long.DistancE
Moving Service.
Storage Service
0
Q.Tkity of lUrstminsta
CITY HALL
14381 OLIVE STREET
W ESTMINSTER, CALIFORNIA 92683
714 CODE 893-4511
February 11, 1966
City Council
City of Huntington Beacham
Huntington Beach California
Y "
............................
Gentlemen:
The City Council of Westminster feels that the Focal Agency
Formation Commission could render more prompt and adequate
service to the cities of Orange County by holding their meet-
ings twice a month.
If you will recall, when the Boundary Commission was in exist-
ence, this body met every Monday and. the boundaries of an
annexation could be approved in a two week period if the legal
description and map were drawn up correctly.
It was our understanding when the Focal Agency Formation
Commission was formed it was for the purpose of having more
control over the orderly establishment of city boundaries and
to offer a comprehensive and effective service,
With only one meeting per month, if the legal description and.
map are not submitted to the Secretary and approved by the
County Surveyor fifteen days prior to the Commission' s meet-
ing, there is a whole month° s delay, which in the case of an
annexation involving a developer, could be costly and. cause
the city to .lose the annexation.
We would appreciate receiving your opinion on this suggestion.
We are also writing the League of Cities of Orange County for
their consideration of this suggestion.
Sincerely yours,
CITY OF WES°TMINSTER
Katharine Co Harper
KCH: ob City Clerk
/q,V/VC�
January 5, 1966
Dear City Clerk:
As in past years,we would like to request a list
of all annexations made and incorporations completed
during the calendar year of 1965 by your city.
Kindly include the following information on your
list:
Designation of annex
Ordinance number
Effective date (date filed with Secretary of
State or County Recorder)
We would appreciate receiving your list as soon
as it is available as it has been requested by our
central office for use in determining franchise taxes
for 1965.
Please use the enclosed envelope for your reply.
Thank you,
Southern Counties Gas Company
- iKap Section ---- --
January 6, 1966
f
Southern Counties Gas Company
Map Section
311 Main Street
Huntington Beach, California
f Gentlemen:
In reply to your request for a list of all 1965 annexations
�-- made, we are sending you the following information.
Designation Mrd # Eff. Date
Annexation #36 Sunset 4 #1119 3/19/65
Annexation #37, each B ��Bolsa Chica #1126 5/11/65
State Park
L Annexation #38, Huntington Beach #1127 5/11/65
State Park
"17 If you desire any further information, please contact this
office.
Sincerely yours,
PAUL C. JONES
City Clerk
PCJ:jb
h
348 Canyon View Drive
Los Angeles 49, California.
April 13, 1964
City of Huntington Beach
City Hall,_
Attention: Mr. Jones, City Clerk
Huntington Beach, California
Subject: Lots 16 and 18, Block H, Tract 349
Lots 1, 2, 3, and 4, Block I. Tract 349
Dear Sir:
Friday', I called at your office to inquire what
procedure would be necessary for me to have the above des-
cribed lots incorporated into the City of Huntington Beach,
One of your courteous representatives advised me that there
were now pending Bolsa Chica No, 3 and No. 4 annexations and
suggested that I communicate directly with you to ascertain
whether my lots 16 and 18 in Block H might not be included
in the Bolsa Chica No. 4, the boundary of which adjoins me.'
Also, since water and sewage facilities now exist on Warner,
perhaps my commercial acre on the north side of Warner,
between .Lynn and Hoskins streets, would not require any
special procedure for its inclusion into the city.,
All of the above described property is vacant and I
am desirous of giving early consideration to improving the
same.
I would appreciate receiving your suggested outline
of the most expeditious method bo be pursued in having these
lots included in the City of Huntington Beach. If you would
detail the required procedure and forward the necessary forms,
I would appreciate it.
It is my understanding that water and sewage lines
now exist on Warner and that with the Bolsa Chica No. 4
annexation being completed, like facilities would be avail-
able on Green Street in front of my Lots 16 and 18.
Yours sincere
17)T. K. Sterling
� 36
STATE OF CALIFORNIA
STATE BARD OF EQUALIZATION GEORGE R. REILLY
First District,San Francisco
1020 N STREET, SACRAMENTO, CALIFORNIA
1oHN W. LYNCH
(P. O. BOX 1799, SACRAMENTO, CALIFORNIA 95808)
Second District,Fresno
PAUL R. LEAKE
Third District,Woodland
RICHARD NEVINS
Fourth District,Pasadena
ALAN CRANSTON
Controller,Sacramento
q�� ,}� H. F. FREEMAN
at0'1,`� Executive Secretary
CITY C''LER"K
CITY OF HUNTINGTON BEACH
P.O.BOX 190
HUNTINGTON BCACHDCALIF. 92648 JULY 2r -64
Section 54900 of the Government Code requires '"
that statements be filed with your County Assessor
and with the State Board of Equalization whenever
City Boundaries are created or changed. Your office
has been filing the statements for annexations to
your city and in some cases for the withdrawal of
these annexed areas from special districts.
The 1964 Legislature, by enacting AB 148 into
law, has made an important change in this statute.
Chapter 95, Statutes of 1964, amends Section 54902
of the Government Code to specify a deadline of
JANUARY 1 for filings made pursuant to Section
54900. This new deadline supersedes the long stand-
ing February 1 date.
We respectfully urge you to mark this new date
well, especially this first year in which it is in
effect.
Ve truly yours,
L.V. EASTMAN, Chief
VALUATION DIVISION
IMPORTANT NOTICE:
STATE OF CALIFORNIA
STATE BOARD OF EQUALIZATION A GEORGE R. REILLY
First District,San Francisco
333 EAST WALNUT STREET JOHN W. LYNCH
PASADENA, CALIFORNIA 91101 Second District,Fresno
PAUL R. LEAKE
Third District;Woodland
July 31, 1964 RICHARD NEVINS
Fourth District,Pasadena
ALAN CRANSTON
Controller,Sacramento
From: Richard Nevins, Member H. F. FREEMAN
State Board of Equalization ExecutfveSecretary
Subject: bate Change for Filing Boundary Changes with
State Board of Equalization; Section 549.02 Government Code,
and Section 1704 Education Code,
The following law change was made at the 1964 Budget Session of the California Legislature:
An act to amend Section 1704 of the Education Code and to amend
Section 54902 of the Government Code, relating to financial support
of reorganized school districts.
The people of the State of California. do enact as follows:
Section 1. Section 1704 of the Education Code is amended to read:
1704. Except as provided in Section 1705 any action to organize
or reorganize a district shall be effective for all purposes on the
date set forth below, whichever is applicable:
(a) Any such action completed on or before January 1 of any
school year shall be effective on the next succeeding July 1.
(b) Any such action completed after January 1 of any school
year shall become effective on the second succeeding July 1.
Section 2. Section 54902 of the Government Code is amended to .read:
54902. On or before January 1 of the year in which the assessments
or taxes are to be levied, the statement and map or plat shall be filed
with each assessor whose roll is used for the levy and with the State
Board of Equalization.
As you can see, this measure changes the date when a district shall file its statement or
maps from February 1 to January 1. With the advancement of this date, our agency will
be able to process its workload and release the estimated assessed value for public utilities,
in respect to districts, during July at approximately the same time as the local assessor
releases his information.
So many districts are affected by this law change that I"felt it important to bring it to your
personal attention. I hope that you will also pass the information along to the necessary
par.t:i.es.
RN:ig 7ichard Nevins
California State Hoard of Equalization
Research and Statistics
NET ASSESSED VALUE OF COUNTY-ASSESSED TANGIBLE PROPERTY, 1963 AND 1964
(In thousands of dollars)
___-- __ --_---- Change --
County 1963* 1964t
Amount Percent
Alameda---------------- $ 1, 4 4 8, 1 3 5 $1, 5 3 6 8 8 8 $8 R 7 5 3 6.1
Alpine-------------- -- 1,1 6 1 1,2 6 9 1 0 8 9 3
Amador------------------ #2 2..3 8 5 2 4.1 9 9 1,8 1 4 8.1
Butte------------------ 1 3 1.71 6 1 4 7,9 4 7 1 6.2 3 1 1 23
Cal.ave.ras-------------- # 3 1.3 2 4 3 3.01 3 1,6 8 9 54
Colusa----------------- 4 6 8 6 9 4 79 9 3 1,1 2 4 2.4
Contra Costa----------- 8 5 6.7 5 7 9 4 0,5 6 0 8 3,8 0 3 9.8
Del Norte------------- 2 6.1 6 7 2 7, 4 2 8 1.2 6 1 4.8
Iil Dorado-------------- 1 0 4,5 1 3 11 6.7 3 0 1 2,2 1 7 1 1,7
Fresno------------------ 6 5 2,4 0 9 6 8 7,6 9 9 3 5. 2 9 0 5.4
Glenn------------------- 5 0.2 5 4 5 1.2 0 0 9 4 6 1 •9
Humboldt--------------- 1 5 8,2 2 1 15 8,3 6 3 1 4 2 .1
Imperial--------------- 1 2 7,0 4 9 1 3 3, 2 7 6 6,2 2 7 4.9
lnyo------------------- 3 7.1 9 1 4 1,1 0 9 I 31 9 1 8 + 1 0.5
Kern------------------- 67 1,4 5 4 68 9,7 7 2 1 3.3 1 3 2.7
Kings------------------ 1 1 91 5 0 8 1 2 2,6 4 8 2 6
3,i r 0 I
Lake------------------- 3 9,9 9 3 4 2,7 3 8 2,7 4 5 i 6.9
Lassen----------------- 1 8,5 2 6 1 9,7 3 7 1.2 1 1 f 6 5
Los Angeles------------ 1 2 2 0 8,0 2 2 1 2, 2 6 1.8 4 9 5 3,3 2 7 .4
Madera----------------- 7 8,7 0 4 8 3.0 6 1 4,3 5 7 5 5
A
Mari.n----------------- 3 0 1,7 5 4 3 4 5,9 1 5 4 4 1 6 1 !1 1 4.6
Mariposa--------------- 1 1h0 7 3 1 5.1 8 2 1,1 0 9 ! 7.9
Mendocino--------------- 8 0,2 8 3 3 1,6 8 2 113 9 9 1•7
Merced------------------ 1 6 Z 2 3 8 1 8 22 7 0 2 0,C 3 2 1 2•Z,
Modoc- ----------------- 1 9,3 5 0 1 9,8 2 5 4 7 5 2.5
Mono------------------- 2 2,4 4 7 2 3,9 4 2 1,4 9 5 6.7
Monterey--------------- 3 5 4,6 0 2 3 7 Z 0 8 9 2 2,4 8 7 63
Napa------------------- 9 3.8 2 7 9 9,2 4 1 5,4 1 4 5.8
Nevada----------------- 3 2,5 0 4 3 °,0 0 2 64 9 8 2 0.0
Orange--------------- -- 1, 6 3 0. 5 2 3 1, 8 5 3. 0 0 4 2 2 2,4 8 1 1 3.6
Placer----------------- 1 1 4,4 8 4 1 2 8,6 2 6 1 4,1 4 2 1 2.4
Plumas----------------- 1 R 5 3 3 1 9,4 9 9 9 6 6 5
Riverside-------------- 6 6 B.7 5 8 7 3 9,6 0 7 7 0,8 4 9 1 0.6
Sacramento------------- 8 7 2,0 2 9 9 4 4,0 1 7 1.9 9 0 8•
San Benito------------- 4 2,2 1 3 4 3,2 3 0 1.01 7 2.4
San Bernardino--------- 7 9 1,1 7 6 8 3 5,8 3 3 9 4, 6 5 7 1 2.0
San Diego-------------- 1. 5 7 3,6 5 0 1, 6 5 62 7 7 8 2, 6 2 7 5.3
San Francisco---------- 1, 3 9 8,1 2 2 1. 4 4 1.6 7 1 4 3.5 4 9 3.1
San .Joaquin------------ 4 2 9,6 7 2 4 4 9,3 6 2 2 0,1 9 0 4.7
San Luis Obispo-------- 1 5 R 1 2 9 1 6 H,8 9 6 1 017 6 7 6,8
San Matco-------------- 91 1.7 6 4 9 1,9 1 4 7 0,1 5 0 7.1,
Santa Barbara---------- 4 2 P.0 8 6 4 6 3,4 0 4 3 5.3 1 8 8.3
Santa Clara------------ 1, 5 6 1.9 9 3 11 7 2 1110 1 3 1 6 2.0 2 0 1 G
Santa Cruz------------- 1 8 4, 6 2 9 2 0 0,9 2 1 1 6.2 9 2 8K3
Shasta----------------- 9 2.7 1 8 1 0 6.4 6 7 1 3,7 4 9 1 4.8
Sierra----------------- 5,1 4 7 5,5 9 3 4 4 6 8.7
SIskiyou--------------- 5 2,9 0 G 5 5,0 6 5 2,1 6 5 4.1
Solano----------------- 1 7 5, 9 3 3 1 9 C,5 3 4 1 41 6 0 1 82
Sonoma----------------- 2 6 4.0 7 1 2 8 3,9 5 3 1 91 8 8 2 7.5
Stanislaus-------------- 2 4 1,3 9 3 2 5 6 4 2 9 '1 5,0 3 6 6.2
Sutter----------------- 9 916 5 9 1 0 8,6 5 6 8,9 9 7 9.0
Tchama----------------- 5 1.4 0 6 5 6,7 4 1 5,3 3 5 1 0A
Trinity---------------- 1 0,1 5 3 1 11 8 1 5 1,6 6 2 1 6.4
Tulare----------------- 3 0 2,5 0 7 ' 1 415 0 9 1 2,0 0 2 4.0
Tuolumne--------------- 3 3.3 5 4 3 G 6 0 5 3,2 5 1 9.7
Ventura----------------- 5 0 5,1 9 3 5 3 6,8 3 8 8 1,6 4 0 1 6.2
Yolo------------------- 1 3 9,7 7 7 1 5 11 5 9 3 1 1,8 1 6 3.5
Yuba------------------- 5 4,3 6 1 5 7.3 7 8 25 1 7 ',.6
Totals----------- $3 0, 7 2 4,2 7 4 $3 2. 2 7 4,5 7 9 $1, 5 5 013 0 5 5.0
* After equalization by county boards.
t Before equalization by county boards,
N Includes value of water rights before reduction by State Board of Equalization.
August, 1964
FROM THE CALIFORN• STATE BOARD OF EQUA.LIZATIu14
FOR IMMEDIATE RELEASE
FURTI-{ER INFORMATION; 445-6879
Sacramento , August 3, 1964--Properties owned by utilities- -gas'
and electric, telephone 'and telegraph, railroad, express ; and inter-
county pipeline companies- -were - assessed by the Board of Equalization
at $4 ,442 ,000 ,000 . This amount was more than 2 percent higher than
the valuation placed upon them a year ago . . Richard Nevins', Southern
California Member of the Board, stated that the 197 companies subject
to state assessment have 2 weeks in which .to protest the valuations
a ssigned- -to their properties..; -The_xeafter ,_ the._utility_rolls will be
sent ,to the counties where local property taxes of about $350 million
will he levied upon these assessments .
Preliminary state-assessed values , together with county-assessed
values of $32 . 3 billion , bring the aggregate local property tax base
for the 1964•-65 fiscal year to approximately $36 . 7 billion , according
to Nevins`. Iie estimates that this tax base will produce over $3 billion
for the support of counties , cities, school districts , and other specia-1
districts in the current fiscal year.
Thirty-eight of California' s 58 counties shared the increase in
utility property assessments . The - largest growth was in Los Angeles
County, where $26 1/2 million were added to the, roll , while Orange
County ranked second with an increase of $16 million.
More than half of all utility assessments is represented by the
properties of the, 31 gas and electric companies with assessed values
of $2. 4 billion. Ninety-five telephone and telegraph companies , with
an assessed value of. $1 . 7 billion, are the next largest 'group. The
35 railroads will pay taxes on $345 million of assessed value . Thirty '
six miscellaneous utilities , such as intercounty pipeline and - express
. companies , account for the remaining $38 . million.
• 0
The foregoing figures exclude $29 million of board-assessed,
values of railroad rolling stock owned by some 100 nonrailroad
companies , such as the Pullman Company and Pacific Fruit Express ,
which will pay a state ad valorem tax of $2 ,017 ,000 for General
Fund use. They also exclude '$5 . 2 billion of state- and locally-
assessed solvent credits , consisting mainly of accounts receivable.,
These are taxed at 10 cents per hundred dollars and consequently
will produce only $5 . 2 million of local property taxes .
California State Board of iiqual.izati.on
Research and Stati.sti.cs
ASSESSED VALUATION OF STATE-ASSESSED TANGIBLE PROPEPTY SUBJECT TO LOCAL TAXATION, BY COUNTY, 1963 AND 1964
(In thousands of dollars)
Change _
County 1963 ( 196A
Amount ----Percent
r I
Alameda----------------- $1 9 115 4 1 $ 1 9 1,9 9 9 ; $ 4 5 8 ( 2
Al pine- -- ----- ------- 1,3 1 5 I 1,2 9 7 - 1 8 i - 1.4
Ama(Io'r------------------ 2 7,2 7 6 ! 2 7,5 9 8 3 2 2 i,2
Butte------- ------- 5 5. 1 4 6 5 5.2 2 3 7 7 1
Calaveras--------------- 81 1 5 0 Ct2 4 8 I 9 8 1.2
I I
Col.usa------------------ 9.0 6 9 9,6 0 3 - 6 6 f .7
Contra Costa------------ 1 8 6, 2 3 5 1 9 3. 4 1 7 7.1 8 2 1
3.(?
Del Norte--------------- 3.0 9 4 3, 1 5 5 6 1 2.0
E1 Dorado- ------------- 1 21 9 5 9 1 4,4 7 7 ! 1.5 1 8 1 1 1•7
Fresno------------------ 2 0 5, 8 1 0 20 3, 1 6 6 I!` -2 6 4 4 - 1.3
Glenn------------ ,1 02 8 6 1 0,00 7 1 -2 7 9 - 2.7
------ 111
Ilumholdt--- 6-0 6 0 3 6,1 9 4 1 3 4-------- -- 3 i .4
Imperia.l---------------- ! 1 415 4 1 1 4,8 6 6 3 2 5 2.2
Inyo-- ---- -•------ 6 9 7 9 7.10 G 1 1 0 2 1.5
_ Kern -- --------- 1-2-8,0 7 7 1 2 G.3 3 3 117 4 %r - 1.4
r<i.ngs----- ----- ----- 2 4, 8 3 7 2 412 0 7 -.`_3 0__ i -2.5 -
I,ake------
-------------- 6,,1 2 9 6,3 7 5 2 /i 6 4.0
Lassen---------------- 7,2 2 5 Z 3 0 3 j 7 8 1.1
Los Angeles------------- I. 1 9 9 8 0 9 1, 2 2 6,2 0 9 j 2 G 4 0 0 i 2.2
3 .:7 0 6 3 7,4 1 2 - 1.2 9 4 i -3-3
Mar-in------------------- 3 1,0 5 8 :% 2< : 8 1 113 2 3 I 4.3
Mariposa---------------- 2 1 f 1 2, 8 8 -2 9 -1.3
Mendocino--------- 1------ ,� r, ( .12. 4 0 -3,2 0 -2.1
Merccd---- ------------- 2 4.4 2 5 I 2 4.9 4 4 5 1 9 i 2.1
Modoc------------------- 7,5 1 1 7,4 8 9 -2 2 -•3
i 4.2 2 2 i 7 4
Mono-------------------- 1 1•II
� 7 7,2 ;t 4.1 4 8 7 7 7,4 5 6 1 5 9 e .2
Monterey---------------- i 7..7 U 2 i .h 2 6 9 9 - 3 .0
Na -------------------- !.a 6
r 5, 930 1 5. 647 I - 283
Nevada------------------ �
Orange--- ------ ------ 1 8 91 8 9 9 2 0 6.0 3 3 1 1 G 1 3 4 8.5
j I
Placer---- ------------- 3 9.4 2 7 3 9•< 2 8 2 0 1 5
Plumas------------------ F 5 R 5 2 2 j 5 9,4 3 0 I 9 0 8 I 1.6
Ri.vers.ide-- ----------- 9 C.2 9 49 2,8 8 9 2,5 9 5 i 2.9
Sacramento-------------- 1 0 110 9 2 1 0 <; 4 :, 8 5,3 6 6 j 5.3
Sari 13enito-------------- 9.5 6 9 ` 23 9 1 - 1 7 II i - 1 .9
r ,
San 8ernardino---------- 2 6 0. 5 9 3 j 2 6 8, 1 6 3 7,5 9 0 I 2.9
San Diego-------------- 2 Z 9 3 2 2 6 7 5 ?• 3 4 0 1.7
San Francisco----=------ I ', 8 1.b 1 G 1 f1 4, 6 7 3 6 i 1.5
San .Joaquin------------- 7 0.1 7 6 ! 7 4.4 9 7 4.3 2 1 I 6.2
San Luis Obispo--------- 6 2,5 5 G E 6 4,4 6 9 I 1.9 1 1 3.1
- Sar, Mateo---,:---- _-- _
8 1,3 5 7 8 3,3 3 3 I 1.9 7 6 2.4
Santa Barbara ---------- 6
5-"3,_5-9 4 5 5,-1-2-6 1.5.3 2, _ 2.9
Santa Clara------------- 1 3 0.8 9 7 1 3 ,5 3 9 5,6 4 2 E 4.3
1 6, 9 8 8 i -1,1 2 5 i 1 3 7 I •8
Santa Cruz --- ------ -- 538
Shasta------------------ 7 3, 1 9 •1 7 9,7 2 9 a
� i 8.9
Sierra-.-------------- - - 1,7 5 4 I 1.6 9 3 I - 6 i 3.5
2 .1.8
Siski.you---------------- 2 2.2 II 3 1 1 7 466 2.1I 1 8 2 •5
Solano,--------------- 3 ?..1 5 c--- , 3 1,9 7 0 I
Sonoma---------------- 3 5.4 3 6 3 7,8 2 6 2 3 9 C 6•7
Stanislaus----- -------- 2 8.6 8 0 2 8,8 6 3 1 8 3 .6.
Sutter------------
------ i 2.8 8 6 i 1 3,1 3 5 E 2 4 9 1.7
Tehama---------- ------ 1 5,6 2 9 1 5,3 7 1 - 2 5 Triitit 4, 375 5,012 13 7 ! -2.2
('Mare---------------- - 6 0,5 2 7 i 5 8. 6 4 1 - 1,8 8 6 - 3.i
fuoLunutc---------------- 1 3,9 7 0 1 16 6 9 I - 3 0 1 2.2
I'
Ventura-------------- -- 7 63 3 3 ! 7 78 1 5 1,4 8 2 ; 1.9
Yo.1.o- ------------------ 1 9,4 3 4 1 9,3 2 4 - 1 1 0 - .6'
Yuba------------------
'- 1 7.2 2 0 1 6. 4 2 5 - 7 9 5 - 4•6
r ( , 3,7 ' 9 2.2
Totats-----------
- 3 91 Y r, •i / .1 v d
August, 1964
al
Tm,-,ODORE K. STEMLING
114. 3 �f
-1Y
4--7
4 ' `Y •
�SINGf�H�
�y Cit of Huntington Beach
- ? California
our�rr
O
august 4, 1964
11r. Theodore K. "sterling
348 Canyon View Drive
Los tmgeles 49, California
Dear sir:
Let me extend my apologies for not having answered your
letter requesting information on annexation before this. I
have had your letter on my desk all this time, but have held
off because of another annexation being processed in the area,
and also because of other complications in your area..
I don't know whether you are familiar with the entire
County pocket in which your property sits, but there is a
twenty acre parcel northeast of you which must be included in
a proposed annexation of your property. This is due to the
fact that the City cannot completely surround and make an
island of a piece of County property. It so happens that the .
of-., ers of this twenty acre parcel have been, up to this time,
ol:posed to any annexation. Is a result,, we have only two
alternatives in making further annexation in that area.:
(1) :-:ndeavor to get the owners of this parcel to consent
and .take it in by itself,. Dripr to annexing any other terri-
tory south of the parcel.
(2) Cuggest that property owners south of this parcel who
wish to annex to the City, become proponents for such larger
annexation. This will require that you get owners of property
of sufficient assessed valuation to approve such annexation,
to amount to more than 5(Y10 of the total assessed valuation of
the area proposed to be annexed. In the latter situation, I
will render whatever assistance I can in the matter.
There are other.property owners in this area who are also.
° . interested in proceeding with such annexation, and in this
regard, you might contact Mr. arl ",0. Gilliam, 411 Ocean .venue,
Ceal Bead};
Since an annexation which would include your property
would have to be an inhabited annexation, it would eventually
get to an election of the people in the area, and a simple
majority is required to pass.
This is the best information I can give you,at this time
regarding the annexation problem. feel assured that I will
cooperate in every way in any action you may start, and also
feel free to contact me at. any time. I suggest that, if you
want to get together with me, you make an appointment a few
days ahead, due to the fact that I am in and out of the office
a lot.
Sincerely yours,
City Clerk.
0
Seal Beach, California
411 Ocean Avenue
August 2, 1964
City Clerk, City of Huntington Beach
Huntington Beach, California
Dear :5`i.r:
In -the recent past there was some talk of annexing a
portion of Block E Tract 349 Sunset Heights, California.
I own Lot #3 in the area designated above which is also
bounded by Simms, Milo and. Blanton Streets.
Would you please inform me as to the status of the annex-
ation procedings to date as I have had two opinions ex-
pressed by people of some authority as to whether the area
has been, is in the process of or ever will be annexed.
I would appreciate a detailed answer if you will please .
regarding the zoning of same.-
Very respectfully yours,
-- — Earl W. Gilliam �
1
IN
City of Huntington Beach
California
0
1,
..u-ust 4, 1g64
arl Gilliam
411 Ocean .".venue .
Seal Deach, California
wear sir:
The property which you own is in the vicinity of property,
which has -been annexed to the City of Huntington Beach* but has
not actually been annexed.
I am enclosing herewith a copy of a letter which I have
written today to ir. Theodore i�. sterling of Los ';ngeles, givin;
h$m a resume of possible action which can be taken by residents
of the area to annex to the City. Most of the information con-
tained in the letter are applicable to your case also.
'te'e are not in a position to give you any zonin; inforration,
on property which is presently in the County, as we do not have
their records in this matter. It is suggested that you contact
the Cranbe County Planning Department .for such information.
c in the case of :r. sterling, if I can be of assistance
or service to you in advising procedures for steps .in proposed
annexation of this territory, please feel free to contact me.
:jincerely yours,
1
HOTEL CLAREMONT
BERKELEY 5
1963 COMPILATION f THORNWALL 3-3083
OF ANNEXATION
STATUTES League of California Cl*tl*eS
Member American Municipal Association "Western City"Official Publication 702 STATLER CENTER
LOS ANGELES 17
MADISON 4-4934
Berkeley 5, California
November 6, 1963
To: City Attorneys, City Managers and City Clerks
Subject: 1963 ANNEXATION LEGISLATION
Attached is a mimeographed compilation of the annexation statutes as
they now read.
A complete set of the 1963 chaptered laws affecting annexation procedure
may be obtained by addressing a request to the Legislative Bill Room,
State Capitol, Sacramento, for copies of the following chapters:
629 1079 1808
862 1082 1810
886 1093 1894
889 1348
891 1474
It is hoped that this compilation will be of assistance.
Richard Carpenter
Executive Director
and General Counsel
RC:fn
I
Y
1963 COMPILATION OF ANNEXATION STATUTES
Title 4, Division 2, Part 2 of the Government Code
Chapter 1. Annexation of Territory
Article 1. General
Sec. 35000. Each person signing -a petition for the annexation of territory
by a city shall, at the time he signs the petition, write the date upon which he
signs the petition.
Sec. 35001. A petition for the annexation of territory by a city shall not
be filed.or accepted fdr filing if .any date required to be affixed under sec. 35000
is a date prior to six months of the date of filing.
Seca 35002. No petition seeking the annexation of territory to a city shall
be circulated or filed, nor shall any public officer accept any such petition for
filing, nor shall any legislative body initiate proceedings to annex on its own
motion, until the proposal for the annexation of territory to a city, including a
map and specific legal description of the boundaries of .the t.erritory, .has been filed
with the secretary of the boundary commission of the county and the boundary com-
mission has_ prepared,, or caused to be prepared, a- report to the proponents upon the
annexation proposal with respect to the definiteness and certainty of the proposed
boundaries,: the non-conformance :of proposed boundaries with lines of assessment or
ownership, the creation of islands or corridors' of unincorporated territory and other ,
similar matters affecting the proposed boundaries.
At the time of filing the proposal for the annexation with the boundary
commission, the proponents shall file with the county clerk or registrar of voters,
if such latter office has been established, a map of the proposal area.
If at the hearing set by the legislative body of the' city the boundaries of
the proposal area are changed by such body, the proponents shall within 10 days after
the final date set by law for the boundary commission to report its findings on such
changes, furnish the county clerk or registrar of voters a revised map showing such
changes.
Notice of receipt of a proposal for the annexation of territory to any city
shall be given within 10 days after the filing thereof by the clerk of the boundary
commission to the legislative bodies of all cities the territorial limits of which
lie within three miles of any of the territory.proposed to be annexed. Such notice
shall be given by mail addressed to the legislative bodies of the cities entitled
thereto and shall in general terms indicate .the area proposed to be annexed. , Failure
to. give. such notice shall not operate to invalidate an annexation proceeding.
If the boundary commission does not report upon the annexation proposal
within 20 days after the written description thereof is filed with the secretary of
the boundary commission, the annexation proposal shall be deemed correct.
If an annexation proceeding is initiated pursuant to the Annexation Act of
1913, the written description of the proposal for the annexation of territory shall
be filed with the secretary of the boundary commission after sec. 35106 has been
complied with and before the petition for annexation is circulated.
In a county having a population of 4,000,000 or more, for a period of 45 days
after the filing by a city with the. secretary. of_ the boundary commission of a proposal
for the annexation of territory to a city, no other proposal shall be filed hereunder
for the annexation of any of the same territory to any city, or for the incorporation
of any of such territory. ,
Sec. 35002.1. Within 20 days, after a written description of a proposal for
the annexation of territory to a city has been filed with the secretary of the boundary
commission of the county, the boundary commission shall prepare `a report containing a
list of all districts in which the property proposed to be annexed is situated, and
transmit a copy of such report to the clerk of the legislative body of the city to
which -it is proposed that. the territory'be annexed.
Sec. 35002.2. The boundary commission may change the boundaries submitted
to it before making its report, if:
(a) ' The proponents of the annexation or the city initiating the annexation
consent thereto, and
(b) The annexation of the newly described territory will comply in all
respects with all of ,the provisions of this article, and
(c) The new boundaries do not include any territory which could not have
been included when the original proposal was filed.
If any portions of the amended boundaries. lie within three miles of, the
territorial limits of any city to which notice of the proposed annexation has not been
given, within five days after such change in boundaries the boundary commission shall
notify the legislative body of such -city of the proposed annexation. '(Added by Chap.
891, Stats. 1963)
Sec. 35002.3. Territory shall not be annexed to a city if as a result of
such annexation (1) unincorporated land territory is completely surrounded by the
annexing city or by land territory of such city on one or more sides and the Pacific
Ocean on the remaining sides; (2) a strip of unincorporated territory less than 200
feet wide• and more than 300 feet long is created; or (3) a strip of unincorporated
territory consisting solely of a highway or portion thereof is created.
This section shall apply only to annexation proceedings commenced or instituted
after the effective date of this section as amended by the Legislature at its 1963
Regular Session. (Amended by Chap. 1894, Stats. 1963)
Sec 35002.5. Territory shall not be deemed contiguous as the word "contigu-
ous" is used in this chapter' if the only contiguity is based on a strip of land over
300 feet long and less than 200 feet wide, such width to be exclusive of highways.
Territory shall be deemed contiguous as the word "contiguous" is used in this
chapter if the area thereof is separated by territory within the boundaries of another
city or if such area is separated from the boundaries of an annexing city by territory
within the boundaries of another city; provided, such separating territory became
within the boundaries of the other city prior to January 1, 1925; and further provid-
ed, such separating territory is not in excess of 200 feet in width at all of its
separating points; and providing, that said separating territory within said separat-
ing point .is uninhabited as defined' in sec. 35303 of the Government Code.
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Sec. 35003. Notwithstanding the provisions of sec. 35002.5, territory which
is wholly owned 'by a public agency may, with the consent of that public agency be
annexed to a city together with any street, ,highway or road which connects such
territory to the city.
Sec. 35004. No territory comprising lands owned by a junior college district
and acquired by such district prior to July 1, 1952, through a conveyance from the
board of supervisors of the county in which such territory is situated pursuant to
sec. 25560 of the Government Code, shall be annexed to, or become a part of, any city
without the consent or the governing board of-the junior college district.
Anything in this code to the contrary notwithstanding, territory surrounding
lands owned by a junior college district and acquired by such district prior to July
1, 1952, pursuant to the provisions of sec.. 25560, may be annexed to a- city.
Sec. 35005. Repealed. (See sec." 53292, added to Gov. Code by the same
chapter).
Sec. 35006. When uninhabited territory owned by a city is annexed, proceed-
ings may be had under Article 3 or Article 5 of this chapter.
Sec. 35007. The legislative body shall have power to terminate annexation
proceedings at any time prior to the date set for. the hearing of protests. However,
if protests against the annexation or the election are filed with the legislative body
prior to the hour set for hearing objections thereto, the city legislative body shall
proceed to hear and pass upon all protests so made in the manner provided for in secs.
35121 or 35313, whichever is applicable to the proceedings, even though the proceedings
have. been terminated. The city legislative body shall, at the hearing or within
10 days thereafter, find and- declare by resolution whether or not a majority protest
is made. If the city legislative body finds that a majority protest as therein provid-
ed is made, no further proceedings for the annexation of any of the territory shall be
taken for one year after the date of the adoption of the resolution. If the city
legislative body finds that a majority protest as therein provided for is not made or
it finds that no protests have been filed, new proceedings for the annexation of all
or part of the same territory to the city may be instituted and proceeded with as
provided in this chapter at any time after the date of the adoption of the resolution.
Sec. 35008. The boundaries of territory proposed to be annexed shall not be
fixed without -the consent "of the owner of the property so as to exclude the site of
the residence dwelling of the owner of the property and to include the remainder of
the property of such owner where the site of the residence dwelling is contiguous or
adjacent to the remainder of the property. 'If in ,any annexation proceedings boundary
dines are fixed in violation of this section, the affected property owner may at any
time before one year after the completion of the proceedings file a statement-of the
violation of this section with the clerk of the legislative body of the city annexing,
or proposing to annex, such property and at its next meeting the legislative body
shall by resolution exclude such property from the territory annexed". If the annexa-
tion proceedings have been completed, the legislative body shall transmit a certified
copy of such resolution, describing the boundaries of the annexed territory, as -
changed, with the Secretary of State., who shall file it and transmit a certificate of
the. filing to the clerk of the legislative body and to the board of supervisors 'of the
"county in which the city is situated.
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Sec. 35009. Any land which 'is'-.by consent of-the owners zoned and restricted
for agricultural purposes exclusively pursuant to- a master plan. for' land use in any
county shall not, while it is so zoned, be'.annexed to.a city pursuant to Article-2
or 5, without the consent of the owners of the land which is proposed to be annexed..
Land so zoned shall not be considered unincorporated territory for -purposes
of secs. 35158 and 35326.
This section shall apply only-to.counties which have, on or before December
313, 1954, adopted a master plan for land use which includes provision for -the zoning
and restricting of land for exclusively agricultural purposes, and this section shall
apply to any land which is so••zoned, and restricted pursuant�to such plan before or
after such date.
This section shall not be construed and is not intended to prevent the
annexation of roads, and land so zoned shall not be included in computing the one-half
mile limitation under Government Code secs. 35105.5 or 35304.5 as to any territory•
situated outside of the land so zoned.
Sec. 35010. Any territory which' is zoned and-restricted for airport purposes
exclusively pursuant to a master plan for land use in any county which is subsequently
annexed 'to. a city pursuant to Article 2 or 5 of this chapter shall continue to be
subject to'such use _restriction,. notwithstanding any.city zoning ordinances, unless
consent to a change in use is granted by the landowner of the territory.
Sec. 35011. , If a suit. is. brought attacking the regularity or validity of
annexation proceedings completed'pursuant to this chapter and the city which• has
annexed such territory is enjoined from exercising jurisdiction over such territory
until the final disposition of such suit,. .such territory shall be deemed to be
unincorporated and county ordinances shall continue in full force and •effect, with
respect to. the, territory and the county in which such territory is situated shall
continue to render the same services in. such.territory in the same manner as it renders
services to unincorporated ,territory in -the county, until the final disposition of" such
suit, and thereafter if it is determined that the annexation proceedings were invalid. "
Sec. .35012. Any person making a protest to an annexation or to an annexation
election may withdraw his protest at any time prior to final adjournment of the hearing
on ,protests -by filing with'the clerk of the legislative body of the annexing city a
written statement that he-withdraws his protest. If the withdrawal-is made during the
hearing -the..writteri .statement may be filed with the legislative body or with the clerk.
Sec. 35014- No tide or submerged lands in the Pacific Ocean which are owned
by the State shall be annexed to a city except that portion of the tide or' submerged
lands encompassed within the seaward extensions of the existing land boundaries of the
city, or of the proposed land boundaries of the territory being annexed as part of the
same proceedings, extended from the point where the land boundaries intersect the
shoreline. at such an angle to the shoreline and following such a course or courses as
may be approved. by the State Lands Commission.
The proposal for. annexation, including a map and legal description of the
boundaries, of the territory, shall be filed with the State Lands Commission, prior to
the filing of the proposal with the boundary commission of• the county as required by
sec. 35002. The State Lands Commission shall approve or disapprove of the boundaries
of the annexation proposal and in making such determination it shall, where feasible
and appropriate, require such extensions of the land boundaries of the city to be at
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right °angles to the shoreline at each point of' intersection of the shoreline with the
land boundaries of the city, provided that, in the interest of insuring'an orderly and
equitable pattern of offshore boundaries, it may establish such other angle and such
other courses for each such offshore boundary as it may deem necessary considering any
irregularity of the shoreline, other geographical features, the effect of such offshore.
annexations on the .uplands of the 'eity and adjoining territory, and the existing and
potential boundaries of. other cities and of unincorporated communities.
The State Lands- Commission shall report its decision to the legislative body
of the- city within 30 days, .and its determination of the proper offshore boundaries
shall be �conclusive
` Failure to report within the time limit shall be deemed approval of the
boundaries. .(Added by:Chap. 1894, Stats. 1963)
Article- 2., Annexation Act of 1913
Sec. 35100. _ This article may be cited as the Annexation Act of' 1913•-
See. 35101. When any proceedings for annexation of territory to a city are
commenced pursuant to this article, the provisions of-Article 1 of this. chapter and
of this article alone apply.
Sec. 35102. If any election authorized by this article is not .called or
., held in the manner or within the time specified, all proceedings relating to the
annexation are,-void.
Sec. 35103. The boundaries of any city•may be altered and new territory
annexed to, and incorporated within, it pursuant to this article.
Sec: 35104. To qualify for annexation, new territory shall be contiguous
to: .(a) The city, or (b) Contiguous .territory where the electors have voted for
annexation to the city.
Sec. 35lo4.5. Real property belonging to,a-public agency may be• annexed
pursuant to this article.
Sec. 35105. Contiguous inhabited territory may be annexed as. one parcel
although divided by .a•road, stream, or other natural or artificial barrier or right
of way: .
Sec.. 35105.5.. Notwithstanding the provisions of sec. 35002.5, territory
consisting. of property abutting on• a, street, highway, or road, and such street,
highway or road to the extent that it abuts such property together with any street,
highway, or road which connects such territory to the city may be annexed to a city
pursuant to this article; provided, that if any portion of such territory or street,
highway, or road is situated•withi.n three. miles of the boundaries of any other city
the consent of the legislative body of such other city shall first be obtained.
For the purposes .of this section, the "road strip" is the street, highway
or road ;which connects territory, herein called the "property to be annexed", consisting
of property abutting on a,-.street', highway, or -road and such street, highway or road to }
the extent it abuts such property to the annexing city.
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Territory described in the first paragraph shall not be annexed if the
distance measured by the "road strip" is more than one-half mile from the point at
which such "road strip" connects with the city boundary to the point nearest to the
city boundary at which it connects with the "property to be annexed. "
If territory described in the first paragraph of this section is annexed,
herein called the "territory first annexed," a city shall not annex other territory
consisting of property abutting on a street, highway, or road and such street, highway,
or road to the extent that it abuts such property together with any street, highway, or
road which connects such territory to the city if the point at which such "road strip"
connects. such city with .such "property to be annexed" is a point located on any
boundary of the "territory first annexed," unless the portion of the "territory first
annexed" which constitutes the "road. strip" of such territory is less than one-half
mile, measured in the same manner as provided in the preceding paragraph, and is not
more than one-half mile when added to that portion of the other territory proposed to
be annexed which constitutes the "road strip" of such other territory.
Sec. 35106. The consent of the city legislative body shall be obtained
before any proceedings are commenced pursuant to this article.
Sec. 35107. Subdivided territory shall not be annexed to a city without prior
consent of its legislative body, if the design of the subdivision and the construction
of buildings or public improvements within it are inferior to standards required by
the city ordinances and regulations.
Sec. 35108. In cities having a planning commission, consent shall not be
goven by the legislative body pursuant to secs. 35106 and 35107 until it has received
a report or recommendations from the commission.
Sec. 35109. If, within forty (40) days from the date the matter is referred
to the commission, the report or recommendation is not filed with the legislative
body, it may act without such report or recommendations.
Sec. 35110. Territory forming a part of any city, at the time of the
presentation of a petition for its annexation, shall not be annexed pursuant to this
article.
Sec. 35111. Before circulating a petition relating to alteration of the
boundaries of, or annexation of territory to, a city, the proponents shall publish a
notice of intention to do so pursuant to the Elections Code. The notice shall contain
the names of the proponents intending to circulate the petition and the specific
boundaries of the territory proposed to be annexed, and shall be accompanied by a
printed statement not exceeding 500 words in length., containing reasons for'the
petition.
Sec. 35112. Within ten days after publication the proponents shall file a
copy of the notice -and accompanying statement, if any, and an affidavit of the
publishing or posting, with the city clerk.
See. 35113. Within 15 days after such filing, the legislative body may adopt
a resolution acknowledging receipt of the notice and approving the circulation of the
petition. For a period of 50 days after the adoption of such .a resolution (a) no
notice of. intention to incorporate a new city shall be filed including any of the
territory described in the notice; (b) no notice of intention to circulate a petition
for the annexation of any such territory under the provisions of this article shall be
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filed with or consented to by a legislative body of any city; (c) no petition shall
be filed with, and no proceedings shall be instituted by, the legislative body of any
city for the annexation of any of such territory under the provisions of this division.
Sec. 35114. Twenty-one days after the publication or posting of the notice
and statement, the petition may be circulated among the voters within the area proposed
to be annexed pursuant to the Elections Code. In no event shall such petition be
circulated prior to securing the consent to circulate provided for in sec. 35113.
Sec. 35115. When a petition for the annexation of any new territory, contain-
ing a sufficient number of valid signatures, has been received by its legislative body,
jurisdiction over the proceedings is acquired, and until annexation to such city has
been 'defeated by the electors of the territory or the electors of the city as provided
in sec. 35122, or until proceedings relating to the annexation become void or are
otherwise terminated:
(a) No other petition provided for in this division asking for the annexation
of any of the territory described in the filed petition shall be filed, presented`to
or acted upon by the legislative body of any other city.
(b) No other legislative body shall consent to the circulation of a petition
or initiate any proceedings on its own motion under the provisions of this division
for the annexation of any part of the territory described in the filed petition.
(c) No notice of intention to circulate a petition for incorporation of any
part of the territory described in the filed petition shall be filed.
Sec. 35116. Upon receiving a petition signed by not less than one-fourth of
the qualified electors residing within the territory, as shown by the county registra-
tion of voters, containing a description of the new territory proposed to be annexed
and asking that the territory be annexed, the city legislative body shall without
delay pass a resolution of intention, to call a special election and of its intention
to submit the question of annexation to the electors residing in the territory and of
its intention to submit the question to the electors of the city if such election is
required pursuant to sec. 35122. The city clerk and the county officer having charge
of the registration of voters shall, within two weeks, check the petition and certify
the sufficiency thereof. If the clerk's certificate shows the petition to be.insuffi-
cient, a supplemental petition bearing additional signatures may be filed within ,10
days of the date of the certificate of insufficiency. The clerk and the county officer
having charge of the registration of voters shall, within 10 days after the supplemen-
tal petition is. filed, examine it and certify the sufficiency thereof. If'the petition,
is not signed by the requisite number of electors, the legislative body is without
jurisdiction to proceed further, and all prior proceedings, including such petition,,
shall be null and void.
Sec. 35117. The resolution shall describe specifically the boundaries of
the territory proposed to be annexed and designate the territory by some appropriate
name by which it may be referred to upon the ballots used at the election. It shall
contain a notice of the day, hour, and place any person owning real property within
the territory may appear before the legislative body concerning written protest .against
the annexation filed pursuant to sec. 35120.
Sec. 35118. A hearing shall be held not less than fifteen nor more than
forty days after the passage of the resolution.
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Sec. 35119. .. The city clerk shall cause a copy of the resolution to be
published pursuant.to sec. 6066 in a_newspaper of general circulation published in .the
territory proposed to be annexed, or, if there is none, in.-a newspaper of general
circulation published in the city. If no such newspapers are published, a copy of the
resolution shall be posted not less than 10 days before.the hearing in at least three
public places within the territory:
Tte city clerk 'shall also cause. written.notice of such proposed annexationto
be mailed-to each owner of an equitable or legal interest in land, other than an
easement or right :of way, ._within the territory to be annexed who'.has filed his` name
and address and a general description of such land, sufficient to identify it on-the
last equalized county assessment roll, with said clerk. Said notice shall be mailed
not.less than twenty..(20) days,before the •first public hearing on the proposed -
annexaton.
Sec. 35120. At any time not later than- the hour set for hearing objections
to the election, any owner of property within the territory may.make a written protest
against-the annexation.. , If; at, the time set for hearing objections to the annexation', ,'"
protests have been filed which are insufficient to terminate further proceedings the
meeting shall be recessed for a period of ,not less than 10 days and supplemental
protests may be filed within such period and until the hour set for reconvening the
hearing. If no.protest has been filed,- the meeting need not be recessed.to allow
filing of any.supplemental protests.. The protest :shall state the name of the owner of
the property affected and the street address or other description of the property
sufficient .to identify. it on. the last- equalized assessment roll: -A.metes and bounds
description shall not be required if the property can be otherwise described in a`
manner sufficient to identify it on the last equalized assessment roll. As used in
this ''article, 'owner" means the owner as shown on the last equalized assessment roll,
or the person. or persons entitled to be shown as owner on the current assessment roll
who shall be deemed the. owner, or where :such land is subject to a .recorded written
agreement to'buy, the purchaser.under such agreement to buy shall be deemed the owner.
Protests .may be made on behalf.of the owner by an agent authorized in writing by the
owner to act as agent with respect to such land, except that protest may be made on
behalf of a private corporation which is an owner of property by any officer or
employee of the corporation without written authorization by the corporation to act as
agent or make such protest.
If protests are made by petition, the petition shall contain the same
information required of individual protests, and there shall be attached to the peti-
tion an affidavit made by a voter or owner -of property within the territory described
in the petition, or .an agent of either 'such owner or voter. , The affidavit shall state
that the affiant circulated that .particular .paper; saw written the signatures appended
thereto; .that. he resides At .---- -----; and that according to the best information and
belief of affiant o
(a). Each is the. genuine signature -of the. person whose name is .purports to be.
(b) The signer is :an owner o_r duly authorized agent of the owner of property'
within the .territory.
The city shall, on request and without charge,- provide -forms of protest
petitions and the affidavit required by this section to owners of property within the.
territory. (Amended by, Chap. 889, Stats.1963)
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Sec. 35121. At the time set for hearing protests, or to which the hearing
may have been continued, the city legislative body shall hear and pass upon all
protests so made:
(a) If privately owned property and no publicly owned property is proposed
to be annexed, further proceedings shall not be taken if protest is made by private
owners of one-half of the value of the territory proposed to be annexed. The value
given such property for protest purposes shall be that shown on the last equalized
assessment roll if the property is not exempt from taxation. If the property is exempt
from taxation, its value for protest purposes shall be determined by the county
assessor in the same amount as he would assess such property if it were not exempt
from taxation.
(b) If privately owned property and publicly owned property are proposed to
be annexed in the same proceeding, further proceedings shall not be taken if protest
is made by public and private owners of one-half of the value of the territory. The
value given privately owned property shall be determined pursuant to subdivision (a)
of this section. The value given publicly owned property for protest purposes shall
be determined by the county assessor in the same manner as is provided in subdivision
(a) of this section for privately owned property, exempt from taxation.
(c) The value for protest purposes to be given property held in joint
tenancy or tenancy in common shall be determined by the legislative body in proportion
to the proportionate interest of the protestant in such property.
(d) As used in this article, "value of the territory" means the value of the
land, exclusive of improvements thereon.
(e) When property is subject to a written recorded agreement to buy, the
purchaser under the agreement may protest and the seller may not even though he is
shown as the owner on the last equalized assessment roll..
Determinations of the value of publicly owned property, or privately owned
property exempt from taxation by the county assessor for protest purposes shall be
obtained from the assessor by the protestant and submitted to the legislative body
with the written protest.
Sec. 35121.1. The city legislative body shall find and declare by resolution
adopted at the hearing or within 30 days after the closing of the hearing on protests
whether or not a majority protest has been made. If it does not adopt such a reso-
lution within such period, it shall be deemed to have adopted on the 30th day a reso-
lution that a majority protest has been made.
If a resolution finding and declaring that a majority protest is made is
adopted or deemed adopted, no further proceedings for the annexation of any of the
same territory to the city shall be taken for one year after the date of the adoption
of the resolution. (Amended by Chap. 886, Stats. 1963)
Sec. 35121.5. If the city legislative body finds by resolution adopted
pursuant to sec. 35121.1 that a majority protest has not been made in accordance with
sec. 35121 and if it elects to proceed it may make such changes in the boundaries of
the territory proposed to be annexed as it finds proper, but it shall not include any
territory outside of the boundaries described in the petition nor shall it diminish
the land area of the territory proposed to be annexed by more than 5 percent.
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Sec. 35121.6. If the legislative body of the city-makes any changes in the
boundaries in accordance with the provisions of sec. 35121.5. it shall resubmit the
boundaries as changed to the county boundary commission for report as to definiteness
and certainty. Upon receipt of the report the city legislative body may, if necessary,
amend the boundary description to make the boundary description definite and certain.
Sec. 35122. If it finds by resolution adopted pursuant to sec. 35121.1 that
a majority protest is not made as prescribed in sec. 35121, the city legislative body
shall call a special election without delay and submit to the electors residing in the
territory the question whether it shall be annexed to and incorporated within the city.
Such election shall be held not sooner than 54 days and not later than 75 days after
the termination of the hearing on protest or supplemental protests.
If it finds that the value of the territory proposed to be annexed equals one-
half, or more, of that within the city, as shown by the last equalized assessment
rolls, .or that the number of qualified electors -of the territory equals -one-half, or
more, of the number of qualified electors within the city, as shown by the county
registration of voters, then the city legislative body shall also call a special
election and submit to the electors residing .i.n the city the same question at the same
time as that submitted to the electors residing within the territory proposed to be
annexed.
The city legislative body, as an alternative to the foregoing, .may by its
resolution thereupon terminate the proceedings without the necessity of calling such
election. If proceedings are terminated hereunder, no further proceedings shall be
taken for the annexation pursuant to this article of any of such territory by the city
for one year.
Sec. 35123. The city legislative body shall cause notice of the election to
be published at least once a week for the four weeks prior to the election, in a news-
paper of general circulation, printed and published outside the city, but in the county
in which the territory is situated, or if there is none, by posting it at least four
weeks next preceding the election in three public places within the territory.
If the question of the proposed annexation of the territory is required to be
submitted to the electors of the city as set forth in sec. 35122 of this code, then
the city legislative body shall cause notice of this election to be published once a
week for four weeks prior to the election in a newspaper of general circulation,
printed and published inside the city, or if there is none, by posting it at least
four weeks next preceding the election in three public places within the territory.
Sec. 35124. The notice shall: (a) State the date of the election. (b) State
distinctly the proposition to be submitted. (c) Describe specifically the boundaries
of the territory proposed to be annexed. (d) Designate the name by which the territo-
ry may be indicated upon the election ballots, which shall be that given it in the
resolution of intention to call a special election. (e) Instruct electors as to the
manner of voting. lhe notice may set a date when, pursuant to sec. 35146, the annexa-
tion will become effective if the annexation is completed.
Sec. 35126. The legislative body shall establish and designate in the notice
the voting precincts and the places at which polls will be open for the election.
The places shall be those commonly used for voting, if there are any.
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Sec. 35127. . The legislative body shall appoint two judges and one. inspector
for each voting place, as officers• of the election. Each officer shall be a quali 'ied
elector of the voting precinct in which he is appointed to act.
Sec. 35128. Upon the ballots used at the election, shall be printed the
words: "shall (insert the name given the territory in the notice of election) be
annexed to the city of (stating name of city)?". •Opposite these words shall be
printed the words "yes" and "no", with a voting square to the right of each.
Sec. 35129. If an elector stamps a cross in the voting square after the -word
"yes", his vote shall be counted for the annexation, and if he stamps a cross� in the
voting square after the word "no".. his vote shall be counted against annexation.
Sec-. 35130. Except as otherwise provided, the ballots used, the opening -and '
closing of the polls, and the conduct of the election in the territory shall conform
as nearly as possible with the Elections Code provisions concerning general elections.
Sec. 35131. Immediately on the closing of the polls the election officers
for each polling place shall count the ballots, make up, certify, and seal the
ballots and tally sheets of the ballots :cast, and, deliver them with the returns to
the clerk of the city legislative body.
Sec. 35132. At its next regular meeting held at least three days after the
election, the city legislative body shall canvass the returns. The canvass shall be
completed at the meeting, -if practicable, or as soon .as possible, avoiding adjourn-
ments.
Sec. 35133. Immediately upon the completion of the canvass, the legislative
body shall cause a record to be entered upon its minutes, stating the proposition
submitted, the number of votes cast, and the number of votes cast for the against
annexation in the election within the territory proposed to be annexed- and in'the
election within the annexing city, separately, if the°election within the city is
required to be held as provided in. sec. 35122 of this code.
Sec. 35134. If in any election required to be held by this article a majority
of the votes cast is against annexation, a new petition embracing any of the same
territory shall not be filed with the same city within 12 months after the result of
the election has been canvassed and declared.
Sec. 35135. If in each of the elections required to be held by this article
a majority of the votes cast are for annexation, the legislative body may approve
the annexation by ordinance.
Sec. 35136. If the legislative body fails to approve the annexation, it shall
submit the question to the electors of the city at the next general or special
municipal election, or at a special election called for that purpose.
Sec. 35137. When the electors of two or more bodies of outside territory
have voted in favor of annexation to the same city, and the legislative body does not
approve such annexation, it shall submit to the electors the question whether each
body of new territory shall be annexed to and incorporated within the city, as
separate propositions, each to be voted upon without regard to the other.
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Sec. 35138. When the question of annexation of two or more bodies of new
territory is submitted at any. municipal election, the notice of the election shall
state, as separate propositions to be submitted at the election, the question of the
annexation of each body of new territory, and the question as to each body of new
territory shall be printed separately upon the ballots.
Sec. 35139. When the question is submitted at any municipal election, it
shall be stated in the notice of election and on the ballots, and the electors shall
vote ..on it in the same manner as in the election in the territory proposed to be
annexed. In all details not specifically provided for, the election shall be con-
ducted pursuant to the Elections Code provisions relating to municipal elections.
Sec. 35140. Immediately upon completion of the canvass of any municipal
election on the question of annexation, the legislative body shall cause a record to
be entered upon its minutes, showing the number of votes cast upon the question and
the number cast for and against annexation.
Sec. 35141. Where the question of annexation of two or more territories has
been submitted at a municipal election, and one or more of the territories is contig-
uous to another territory but not to the city, a favorable vote on the annexation of
territories not contiguous to the city is not effective unless there is also a favor-
able vote on the territories that would make the noncontiguous territories contiguous
to the city.
Sec. 35142. If a majority of the votes cast on the question is for annexa-
tion, the clerk of the legislative body shall make, certify under seal, and transmit
to the Secretary of State, a copy of the record of the canvass in the territory and
in the city, with a statement showing the dates of the elections, the time and the
result of the canvasses, and a description of the territory.
Sec. 35143• Where the question of annexation of two or more territories has
been submitted to the city electors the record and statement as to any number of
annexations may be included in one document, but the clerk shall not include any.
record of the votes cast or the elections held upon the proposition of the annexation
of any body of new territory which is not effective pursuant to this article.
Sec. 35144. If annexation was approved by ordinance, a certified copy of the
ordinance, giving the date of its passage, shall be substituted for the copy of the
record, of the canvasses.
Sec. 35145. Immediately upon receipt of the document, the Secretary of State
shall file it, and transmit a certificate of the filing to the clerk of the legis-
lative body, and to the board of supervisors of the county in which the city is
situated.
Sec. 35146. From the date of filing by the Secretary of State, annexation
proceedings are complete. The annexed territory is a part of the city from the date
fixed by the legislative body in the notice described in sec. 35124, but not later
than one year after the date of filing by the Secretary of State or the due date of
property taxes levied by the city in the territory, whichever occurs first, except
that for the purpose of compliance with secs. 34080 and 54900 of this code, and any
action required for the assessment and levy of property taxes, the territory shall be
deemed a part of the city from the date of filing by the Secretary of State. If no
date is fixed by the legislative body in the resolution described in sec. 35124, the
territory is a part of the city for all purposes from the date of filing by the
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Secretary of State or the date of the filing of the affidavit with the recorder of
the county pursuant to sec. 34080, whichever occurs later.
Sec. 35146.1. As an alternative to any procedure prescribed by law for the
division of taxes or assessments collected in a special district lying partially or
wholly in territory annexed by an incorporated city., the city and the special district
may enter into an agreement providing that the special district shall continue to
perform services for such annexed territory until the close of the fiscal year for
which the special district has levied taxes or assessments.
Sec. 35147. When any city to which it is proposed to annex territory pursuant
to this article has incurred, or authorized the incurring �of, any bonded indebtedness
for the acquisition, construction, or completion of any municipal improvements, or
has fixed an amount of. money to represent the value to the territory to .be annexed of
municipal improvements already paid for by city taxpayers, the petition presented to
the city legislative body may contain a request that the question submitted to the
electors residing in the territory shall be, whether the territory shall be annexed,
and the property in the territory subjected to taxation after annexation, equally
with the property within the city, to pay any specified portion of such bonded
indebtedness outstanding or authorized at the date of the first publication of the
notice of election or the petition presented to the city legislative body may, either
additionally or alternatively contain a request that the question submitted to the
electors residing in the territory shall be, whether the territory shall be annexed,
and the property in'the territory subjected to taxation after annexation to pay the -
amount of money fixed to represent the value 'to the territory of municipal improve-
ments already paid for by city taxpayers. .
.Sec. 35148. If such a request, .or requests, is made in the petition, in
addition to the matters required by sec. 35124 the notice of election shall:
(a) With respect to. a request for assumption of bonded indebtedness:
(1) State distinctly the proposition to be submitted. (2) Specify the improvement
or improvements for which the indebtedness was incurred or authorized. (3) State
the amount or amounts of such indebtedness outstanding at the date of the first
publication of the ,notice. (4) State the amount authorized and to be represented
by bonds to be issued. (5) State .the maximum rate of interest payable, or to be
payable on the indebtedness.
(b) With respect to a request for assumption of an amount of money fixed by
the city-legislative body: (1) State distinctly the proposition to be submitted.
(2) State the amount of money fixed to represent the value to- the territory of.
municipal improvements already paid for by city taxpayers. (3) State. the improve-
ments already paid for by city taxpayers, (4) State the total assessed value of all
taxable property in the territory to be annexed as shown on the last equalized county
assessment roll and the tax rate per one hundred dollars ($100) of assessed value
required to raise the amount of money fixed by the city legislative body. (5) State
the number of annual installments proposed by the city legislative body for collection
of the amount fixed by taxation of property in the territory.
Sec. .35149. In all other particulars, the annexation shall be conducted as
if there were no question of assuming an indebtedness, or tax liability for municipal
improvements already paid for by city taxpayers.
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Sec. 35150." When -the annexation of territory voting to assume such city in=
debtedness or fixed amount, or both, 'has been"completed, the property within the,_
annexed territory shall be taxed to pay the bonded indebtedness, or fixed amount or
both as specified in the notice.
Sec. 35151. (Repealed by Chapter 1079, Statutes of 1963)•:
Sec. 35152.. Except as provided in this article, property within such annexed
territory shall not be taxed to pay any indebtedness or liability of the'city cone-
tracted prior to or existing at the time of annexation.
Sec. 35153:- -'Where territory is annexed to a city divided into wards, or to a-
city which later divides itself into wards, the legislative body, by 'ordinance, shall
alter the boundaries of the city wards to include the annexed territory in one or more
wards adjoining the territory, or make one or more additional wards out• of the annexed'
territory. The number.of wards shall not be increased to exceed the number which
the, city is allowed by law.
Sec. 35154. . In altering the boundaries of wards, or creating new wards, each
ward shall contain, .as near .'as possible, an equal•'number of inhabitants eligible to
citizenship.
-.Sec. 35155. Any proceeding held pursuant -to this article does not alter or-
affect- the boundaries. of any senatorial or assembly district.
Sec. 35156. Annexation of territory to a city pursuant to this article does'
not affect, terminate, or invalidate any proceeding pending at the time of such
annexation, .under the Drainage District Improvement Act :of 1919, or any act relating
to proceedings. for the acquisition of -lands or rights of-:way for- the use- of, or for
the dmprovement of roads, highways, streets, parks, drains, sewers, or other public
property, or to proceedings for the opening, widening, extending or change of 'grade .
of streets or -other public places.* Such proceedings shall be continued-by the county
initiating them as if the territory affected were not annexed.
Sec. ,35157. All proper expenses o `proceedings for -annexation of territory
pursuant to.this article, .whetherisuch proceedings are completed. or not, shall be
paid by the city annexing or attempting to annex the territory.
Sec. ..35158 Territory shall not be annexed to -a city pursuant to this article
if, as a result of such.annexation, unincorporated land territory is completely
surrounded by .such city or by -land territory of' such city ,on one or'more sides and the
Pacific Ocean on the remaining sides. (Amended, by Chap.*. 1894, Stats.-- 1963)*
Article. 3. Territory Owned by the City- or a Contiguous School District
Sec. " 35200. Contiguous territory owned by a city may annexed to and in-
corporated within it, pursuant to this article.
Sec. 35201. Contiguous uninhabited territory in the same county, not a part
of any other city, owned by, and located within;--'a school district which includes any .
part of the city may be annexed to the'city pursuant to this article.
Before proceedings for the annexation of school district property are com-
menced, the school district shall file with the city legislative body a verified
petition describing the territory, alleging facts qualifying it for annexation
pursuant to this section, and requesting that it be annexed.
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Sec. 35201.5. Pursuant to this. article, a city may annex noncontiguous
territory not exceeding one hundred acres in area which lies in= the' same county as
that •in which the city is situated and which is owned by the city and used for a
munioipal purpose except that no territory may be annexed under the provisions of
this .article -if, at the time the territory is proposed for annexation; ,one or more
registered voters reside in the territory. If after the completion of such annexation,
the city sells such territory or any part thereof. or one or more registered voters
reside thereon, such territory or part .thereof ceases to be a part of the city.
If territory is annexed pursuant to this section, the annexing city may not
annex any territory not owned by it and not contiguous to it although such territory
is contiguous to the territory annexed pursuant to this section. ,
Notwithstanding any other provision of this section to the contrary, a city
which annexes territory pursuant to this section may annex pursuant to this article
additional territory which is owned by the State of California and which is contiguous
to. such.first annexed.territory if the-total acreage of the first annexed and the
subsequently annexed territory together. does not exceed 100 acres- in area. If after
the completion of such subsequent annexation, the city sells all�of such first annexed '
territory or one or more registered voters reside thereon, the subsequently annexed
territory ceases to be part of the .city. .(Amended by Chap. 1348, Stats. 1963)
Sec. 35203. Proceedings are initiated when the city legislative body files a
written petition with the board of supervisors of the county in which the city and the
territory is located, containin& a description of the territory--and requesting its
annexation to the city.
Sec. 35204. Upon receiving the petition, the board of supervisors shall cause .
notice of:the proposed annexation to be published in a newspaper of general circula-.
tion, for five conaecutive ,days if a daily newspaper, or two consecutive weeks if a.
weekly newspaper. The notice shall contain a general description of the land sought
to .beannexed, and announce the time and place objections will be heard. '
Sec. 35205. Any taxpayer in the county or city may object to the annexation
by filing a written .protest- with the board of supervisors.
Sec. 35206. At the time specified in the notice, or fixed by postponement,
the board of supervisors shall hear the protests. The decision of the board of'
supervisors upon the. protest is final.
Sec. 35207. After hearing the protests, the board of supervisors shall vote
upon the question of the annexation. - A- majority vote of the board is final upon the
question
Sec. 35208. If the board of supervisors approves the annexation of the terri-
tory its clerk shall enter upon its minutes, certify, and transmit to the Secretary
of State and the city legislative body ,copies of the resolution approving the annexa
tion and the. date on which it was passed.
Sec. 35209. The documents shall be filed by the Secretary of State and the
clerk of the board of supervisors.
i
Sec. 35210. From the date of filing the document by the.Secretary of State,
annexation is complete, and the annexed territory is a part --of the city for all
purposes.
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i
Sec. 35211. Property within the territory shall not be taxed to pay any
indebtedness or liability of the city contracted prior to or existing at the time of
annexation.
Sec. 35212. Where territory is annexed to a city divided into wards, or to a
city which later divides itself into wards, by ordinance the city legislative body
shall alter the boundaries of the wards to include the annexed territory in one or
more wards adjoining the territory, or make;:one or more additional. wa3�ds out of the
annexed territory. The number of wards shall not be increased to exceed the number
which the city is allowed by law.
Sec. 35213. Any proceeding held pursuant to this article does not alter or
affect the boundaries of any senational or assembly district.
Article 4. Territory of an Ad scent City
Sec. 35250. Upon receipt of a petition for the alteration of the boundaries
by the exclusion of a part of the territory thereof and the annexation of it to a
contiguous city, containing a description of the territory, and signed by not less
than one-fourth of the registered electors residing within the territory proposed to
be excluded, the legislative body of each city may approve the proposed alteration,
by a four-fifths vote of its members.
Sec. 35251. If the proposed alteration. is approved by the legislative bodies
of .both cities, the legislative body of the city from which the territory is proposed
to be excluded shall submit the question to the electors of the territory at a special
election to be held for that purpose. Except as otherwise provided, the election shall
be conducted pursuant to the Elections Code provisions relating to municipal elections. .
Sec. 35252. The legislative body shall give notice of the election by publi
cation in a newspaper printed and published in the city -once each week for the four
weeks prior to the election. The notice shall: (a) State distinctly the proposition
to be submitted. - (b) Describe specifically the boundaries of the territory proposed
to be altered. (c) Designate the territory by some appropriate name by which it may
be referred to upon the ballots. (d) Instruct the electors how to vote on the
proposition.
Sec, 35253. Upon the ballots used at the election shall be printed the words:
"Shall (insert the name given the territory in the notice of election)'be excluded
from the city of (stating name of city) and annexed to (stating name of city)?".
Sec. 35254. If a majority of the votes cast in the territory is against
exclusion, an election for the exclusion of any of the same territory shall not be
held again within one year from. the date. of the election.
Sec. 35255. If a majority of the votes cast in the territory is for exclusion,
by an order entered upon its minutes, the legislative body shall cause its clerk to
transmit to the Secretary of State a certified abstract of the vote showing the number
of electors voting and the number of votes cast for and against exclusion.
Sec. 35256. The Secretary of State shall file the abstract and transmit cer-
tificates of filing to the clerks of both city legislative bodies, and the board of
supervisors of the county in which the cities are situated.
Sec. 35257. The clerk of the legislative body conducting the election shall
file the affidavit of completion.
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Sec. 35258. From the date of filing such documents, the- alteration `of terri-
tory is complete, and the territory ceases to be a part of the city from'which *it'was
excluded.
Sec. 35259. This article does not relieve any part of the territory from
liability for the debts contracted by the city prior to the exclusion: From time to
time, the excluding city shall levy.and collect from-the excluded territory its just
proportion of liability for any payment on the principal and interest- of such debts.
Sec. 35260. When any city to which it is proposed to annex territory has
incurred, or authorized the incurring of, any bonded indebtedness for, the' acquisition,
construction, or completion of any municipal improvements, the petition presented to
the legislative bodies may contain a request that the question be submitted whether
the property in the territory shall be subject to taxation, after exclusion, equally
with the property within the city, to pay any specified portion of such bonded indebt-
edness outstanding at the date of the filing of the petition. If such a request is
contained in the petition, the question shall,be' submitted to the electors with the
question of exclusion- as a part of the same; question.
Article 5. Annexation of Uninhabited Territory Act of 1939
Sec. 35300. This article may be cited as the Annexation of Uninhabited,
Territory Act of 1939•
Sec. 35301. When proceedings for the annexation of territory to a city are
commenced pursuant to .this article, the provisions of this article and of Article 1
of this chapter alone apply.
See.. 35302. The boundaries of a city may be altered and contiguous .uninhabited
territory annexed to, and incorporated within it pursuant to this article.
Sec. 35302.5. Real property belonging to a public agency may be annexed
pursuant to this article.
Sec.; 35303; ' For purposes of this article territory shall be deemed uninhabited
if less than 12 persons who have been registered to vote within the territory for at
least 54 days reside within the territory at the time of the filing of the petition
for annexation or the institution of proceedings on motion of the city legislative
body.
Sec. 35304. Territory included within another city may be annexed pursuant
to this article if the legislative body of that -city: (a) Receives .the written
consent of at least two-thirds of the owners of real property within the territory,
holding at least two-thirds•in value -of the real property, in the territory. (b)
Consents to the detachment, by resolution.
Seca 35304.5. Notwithstanding the provisions of sec. 35002.5, territory con-
sisting of property abutting on a street, highway, or road and. such street, highway,
or road to the extent that it abuts such property together with any street, highway,
or road which connects such territory to the city may be annexed -to a city pursuant
to this article if.the owner or owners of all such abutting property either petition
for such. annexation or ,file their consent to such annexation. in writing with.the
governing body of the city; provided., that if any portion of such territory or street,
highway or road is situated within three miles of the boundaries of any other city
the consent of the legislative body of such other city shall first be obtained.
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For the purposes of this. section, the "road strip" is the street, highway or
road which connects territory, herein called the "property to be annexed," consisting
of property abutting on a street, highway, or road and such street, highway, or road
to the extent it abuts such property to the annexing city.
Territory described in the first paragraph shall not' be annexed if the
distance measured by- the. 1'road strip"-.is more than one-half mile from the point at
which such "road strip" connects with the city.boundary to.the point nearest to the
city boundary at which it connects with the "property to the annexed."
If territory described in this section is annexed, herein called the "terri-
tory first annexed," a city shall not annex other territory consisting of property
abutting on a street, highway, or road and such street, highway, or road to the- extent
that it abuts such property together with any street, highway, or road which connects
such territory to the city if the point at which such "road strip"connects such city
with such "property to be annexed" is a point located on a -boundary of the "territory
first annexed," unless the portion of the "territory first annexed" which .constitutes
the "road strip" of such territory is less than one-half mile, measured in the same
manner as provided in the preceding paragraph, and is not more than one-half mile when
added to that portion of the other territory proposed to be annexed which constitutes
the "road strip" of such other territory.
Sec. 35305. Upon receiving a written petition requesting annexation, con
taining a description of the territory sought to be included in the city, and signed
by the owners of not less than one-fourth of -the land in the territory by area, and
by assessed value .as shown on the last ;equalized assessment roll of the county in
which the territory is situated, the legislative body shall, without delay, pass a
resolution giving notice of the proposed annexation.
The legislative body shall, without delay, cause a copy of .the resolution to
be transmitted to the governing board of each school district which, in part or in
whole, is included in the territory sought to be included in the city;:�and which has
made written request therefor.
. Sec. :35306. . The -resolution shall describe the boundaries of the territory
specifically, designate it. by an appropriate name; and contain a notice of the time
and place the legislative body will hear written protests :'against the annexation made
by any person owning real property within the territory. In the resolution the
legislative body may set a date when, pursuant to sec. 35318, the annexation will
become effective if such annexation is completed.
See 35307.. . .The hearing shall be set not less them 40. nor more than 60 days
after the passage of the resolution.,'.unless the owner or owners of all of the terri
tory to be annexed have petitioned for annexation or filed their consent to such
annexation in writing with the legislative body., in which event the hearing may be
set at any time after compliance with sec. 35311.
Sec. 35308. When a valid and sufficient petition for the annexation of any
territory to a city has been received by its legislative body or its legislative body
has initiated proceedings as hereinafter provided and until an .ordinance disapproving. '
such annexation becomes effective (a)- no notice of intention to incorporate a new city ,
shall be filed which includes any of the territory described in the annexation proceed-
ings; (b) no notice of intention to circulate a petition for the annexation of any such.
territory under the Annexation Act of 1913 shall be filed or consented to by the
legislative body of any city; (c) no petition shall be 'filed with, and no proceedings'
shall be instituted by, the legislative body of any city for the annexation of any such
territory under this division.
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Sec. 35309. (Repealed by Chapter 915, Statutes of 1955).
Sec. 35310. The legislative body 'of a city may initiate proceedings to annex
the territory on its own motion without requiring a petition. If it does, the
resolution giving notice shall declare that proceedings have been initiated by the
legislative body and set forth its reasons for desiring annexation.
Sec. 35310.1 If the petition is signed or consent has been filed by the owners
of all of the land in the territory proposed to be annexed, the resolution giving
notice shall declare such fact. No written protests may be filed against the annexa-
tion by persons owning property in the territory proposed to be annexed.
The hearing shall be set not more than. 30 days after the passage of the
resolution. The city clerk of the annexing city shall cause a copy of the resolution
to be published at least once in a newspaper of general circulation published in the
city. Publication shall be complete at least four days prior to the date set for the
hearing. If there is no ,such newspaper published within the annexing city, the city
clerk shall post a copy;.of the resolution not less than seven days before the hearing
in at least three conspicuous places within the territory to be annexed.
At the hearing on-.the annexation, the city legislative body shall hear protests
from any owner of property within the city who does .not also own property in the
territory to be annexed.
.At the hearing, the city legislative body may make such changes in the bound-
aries of' the.territory proposed to be annexed as it finds proper, but it shall not
include any territory outside of the boundaries described in the resolution giving
notice of the proposed annexation nor shall it diminish the land area of the territory
proposed-to 'be annexed by-more than 5 percent. Section 35313.6 is applicable to any
such boundary changes.
At the hearing, or within 30 days after the completion of the hearing, 'the
city legislative body shall, by resolution, approve or disapprove the annexation. If
it fails to adopt the resolution within such period, it shall be deemed to have adopt-_
ed, on the 30th day of the same period, a resolution disapproving the annexation. ` .
A resolution approving or disapproving the annexation shall be considered the
same as an ordinance referred to in other sections of this article.
Sections'35307, 35311,' 35312, 35313, 35313.2, 35313.5 and 35314 do not a ply
to annexation proceedings under this section. (Added by Chap. 1474, Stats. 1963�
Sec. 35311. The city clerk of the annexing city shall cause a copy of the
resolution to be published at least twice, but not oftener than once a week, in a
newspaper of general circulation published in the city; and also in a newspaper of
general circulation published outside of the city but in the county in which is
located the territory proposed to 'be annexed; publication to be complete at least 20
days prior to the date set for the hearing. If there is no.newspaper of general
circulation published within the annexing city, he shall post a copy of the resolution
not less than 20 days before the hearing in at least three conspicuous places within
the territory. If proceedings are initiated by petition of the owner or owners of all
of the territory to be annexed publication of the resolution outside of the city is
not required.
(a), The city clerk of the annexing city shall also cause written notice of
such proposed annexation to be mailed to each person to whom land within the territory
proposed to be annexed, is assessed in the last equalized county assessment roll
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available on the date the proceedings were initiated, at the address shown on said
assessment roll or as known to said clerk, and to any person who has filed his name
and address and the designation of the lands in- which -he has any interest, either
legal or equitable, with said clerk.
(b) In the event any land within the territory proposed to be annexed to a
city is owned by a county, the city clerk of the annexing city shall also cause written
notice of such proposed annexation to be mailed to the board of supervisors of such
county.
(c) In the event 'any land within the territory proposed to be annexed to -a
city is tide or submerged land owned by the State, the city clerk of the annexing city
shall also cause written notice of such proposed annexation to be .mailed.to the State
Lands Commission. Such notice shall be given not less than 45 days before the first
public hearing on the proposed annexation.
The notices. referred to in subsections (a) and (b) shall be given not less
than 20 days before the first public hearing on the proposed annexation; provided, . .
that such notices need not be sent if the owner or owners of all of the territory to
be annexed have petitioned for annexation or filed their consent to such annexation in
writing with the legislative body. (Amended by Chap. 862, Stats. 1963) :
Sec. 35312. At any time prior to final adjournment of the hearing on protests,
any owner of property within the territory may file written protest against the
annexation. The protest .shall state the name of the owner of the property affected
and the street address or other description of the property sufficient. to_ identify it
on the last equalized assessment roll. A metes and bounds description shall not be -
required .if the property can be otherwise described in a manner sufficient to identify
it on the last equalized assessment roll. As used in .this article, "owner'l-means the
owner as shown on the last equalized assessment roll, except that the person entitled
to be shown. as owner on the current assessment roll shall be deemed the owner, and
except that, where the property affected is subject to a recorded written agreement to
buy, the purchaser under such agreement to buy shall be deemed the owner. Protests may
be made on behalf of the owner by an agent authorized in writing by the owner-to act
as agent with respect to such land, except that protest may be made on behalf of a
private corporation which is an owner of property by any officer or employee of the
corporation without written authorization by the corporation to act as agent or make
such protest.
Seca 35313. At the time set for hearing protests, or to which the hearing may
have been continued, the legislative body shall hear and pass upon all protests so
made:
(a) If privately owned property and no publicly owned property is proposed to
be annexed, further proceedings shall not be taken if protest is made by private owners
of one-half of the value of the territory proposed to be annexed. The value given
such property for protest purposes shall be that shown. on the last equalized assessment
roll if the property is not exempt from taxation. If the property is exempt from taxa-
tion, its value for protest purposes shall be determined by the county assessor in the
same amount as he would assess such property if it were not exempt from taxation.
(b) If privately owned property and publicly owned property are proposed to
be annexed in the same proceeding, further proceedings shall not be taken -if protest
is made by public and private owners of one-half of' the value of the territory. The
value given privately owned property shall be determined pursuant to subdivision (a)
20.-
of this section. The value given publicly owned property for protest purposes shall
be determined by the county assessor in the same manner as is provided in subdivision
(a) of this section for privately owned property, exempt from taxation.
(c) As used in this article, "value of the territory" means the value of land
and improvements thereon.
(d) The value for protest purposes to be given property held in joint tenancy
or tenancy in common shall be determined by the legislative body in proportion to the
proportionate interest of the protestant in such property.
(e) When property is subject to a written recorded agreement to buy, the
purchaser under the agreement may protest and the seller may not even though he is
shown as the owner on the last equalized assessment roll.
Determinations of the value of publicly owned property, or privately owned
property exempt from taxation by the county assessor for protest purpose shall be
obtained from the assessor by the protestant and submitted to the legislative body
arith the written protest. (Amended by Chap. 1082, Stats. 1963)
Sec. 35313.1. When territory proposed to be annexed consists wholly or partly
of tide or submerged lands owned by the State, the legislative body shall determine
the value of such tide or submerged landsfor the purposes of this article. For the
purposes of such determination, the State Lands Commission shall fix the value of tide
or submerged lands owned by the State and shall notify in writing the legislative body
of its determination. The legislative body may be guided by the valuation as deter-
mined by the State Lands Commission, or it may refuse to do so. If the legislative
body refuses to accept such valuation, it shall bring an action for declaratory
relief., to which the State Lands Commission shall be a party, for a determination of
the value of the lands. During the pendency of such action further proceedings for
annexation shall be stayed, and the valuation determined by the court shall be conclu-
sive upon the legislative body.
The provisions of this section shall not apply to any proceedings for the
annexation of territory commenced prior to June 1, 1957.
Sec. 35313.2. The city legislative body shall find and declare by resolution
adopted at the hearing or within 30 days after the closing of the hearing on protests
whether or not a majority protest has been made. If it does not adopt such a resolu-
tion within such period, it shall be deemed to have adopted on the 30th day a resolu-
tion that a majority protest has been made.
If a resolution finding and declaring that a majority protest is made is
adopted or deemed adopted, no further proceedings for the annexation of any of the
same territory to the city shall be taken for one year after the date of the adoption
of the resolution. (Amended by Chap. 886, Stats. 1963)
Sec. 35313.5. If the city legislative body finds by resolution adopted pur-
suant to sec. 35313.2 that a majority protest has not been presented in accordance
with sec. 35313 and if it elects to proceed it may make such changes in the boundaries
of the territory proposed to be annexed as it finds proper, but it shall not include
any territory outside of the boundaries described in the resolution giving notice of
the proposed annexation nor shall it diminish the land area of the territory proposed
to be annexed by more than 5 percent.
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Sec. 35313.6. If the legislative body of the city makes any changes in the
boundaries in accordance with the provisions of sec. 35313.5, it shall resubmit the
boundaries as changed to the county boundary commission for report as to definiteness
and certiainty. Upon receipt of the report the city legislative body may, if
necessary, amend the boundary description to make the boundary description definite
and certain.
Sec. 35314. If the city legislative body finds by resolution adopted pur-
suant to sec. 35313.2 that a majority protest has not been made, the legislative body
shall approve or disapprove the annexation, by ordinance adopted within 60 days after
the hearing on protests. If the legislative body fails to adopt the ordinance within
such period, it shall be deemed to have adopted, on the 60th day of such period, an
ordinance disapproving the annexation.
..Sec. 35315. If an ordinance disapproving the annexation is adopted or deemed
to have adopted, a new petition or proceeding embracing any of the same territory
shall not be filed with, or initiated by, the city for 12 months after the date of
the adoption of the ordinance.
Sec. 35316. When an ordinance approving annexation becomes effective, the
clerk of the legislative body shall immediately prepare under seal a certified copy
of the ordinance, giving the date of its passage, and transmit it to the Secretary
of State.
Seca 35317. Upon receipt of the certified copy of the ordinance, the Secre-
tary of State shall file it and transmit certificates of filing to the clerk of the
city legislative body and board of supervisors of the county in which the city is
situated.
Sec. 35318. From the date of filing by the Secretary of State, annexation
proceedings are complete. The annexed territory is a part of the city from the date
fixed by the legislative body in the resolution described in sec. 35306, but not
later than one year after the date of filing by the Secretary of State or the due
date of property taxes levied by the city in the territory, whichever occurs first,
except that for the purpose of compliance with secs. 34080 and 54900 of this code,
and any action required for the assessment and levy of property taxes, the territory
shall be deemed part of the city from the date of filing by the Secretary of State.
If no date is fixed by the legislative body in the resolution described in sec. 35306
the territory is a part of the city for all purposes from. the date of filing by,the
Secretary of State or the date of the filing of the affidavit with the recorder of
the county pursuant to sec. 34080, whichever occurs later.
Sec. 35318.1. As an alternative to any procedure prescribed by law for. the
division of taxes or assessments collected in a special district lying partially or
wholly in territory annexed by an incorporated city, the city and the special district
may enter into an agreement providing that the special district shall continue to
perform services for such annexed territory until the close of the fiscal year for
which the special district has levied taxes or assessments.
Sec. 35319. Property within the annexed territory shall not be taxed to pay
any indebtedness or liability of the city contracted prior to or existing at the time
of annexation unless the written consent of the owners of more than two-thirds of the
value of the territory is filed with the clerk of the legislative body prior to the
adoption of the ordinance approving annexation.
22
Sec. 35320. When a city annexes territory formerly included in another city,
any bonds or other obligations then a lien on property within the territory remain as
liens, but- liability shall not be imposed on the property by the excluding city after
it consents to detachment.
Sec. 35321. All proper expenses of proceedings for annexation pursuant to
this article shall be paid by the city annexing or attempting to annex the territory.
Sec. 35322• Where territory is annexed to a city divided into wards, or to a
city which later divides itself into wards, the legislative body, by ordinance, shall
alter the boundaries of the city wards to include the annexed territory in one or
more.-wards adjoining the territory, or make ;one or more additional wards out of the
annexed territory. The number of wards shall not be increased to exceed the number
which the city is allowed by law.
Sec. 35323. In altering the -boundaries of'wards, or creating new wards, each
ward shall .contain, as nearly as possible, ,an -equal number of inhabitants eligible to
citizenship.
Sec. 35324. Any proceeding he d. pursuant to this article does not alter -or
affect the boundaries of any senational or assembly district.
Sec. 35325. Annexation of territory to a city pursuant to this article does
not affect, terminate, or invalidate any proceeding pending at the time of such
annexation, under the Drainage District Improvement Act of 1919, or any act relating
to proceedings for the acquisition of lands or rights of way for the use or"'improve-
'ment of roads, highways, streets, parks,, drains, sewers, or other public property, or
to proceedings for the opening, widening, extending; or change of grade of streets or
other public places. Such proceedings shall be continued by the county initiating
them as if the territory affected were not annexed.
Sec. 35326. Territory shall not be annexed to a city pursuant to this article
if, as a result of such annexation, unincorporated land territory is completely
surrounded by such city or by land territory of such city on one or more sides and the
.Pacific Ocean on the remaining sides. (Amended by Chap. 1894, Stats, 1963)
Article 6. Annexation of Enclosed Territory Act of 1963
Sec. 35400. This article may be cited as the Annexation of Enclosed Territory
Act of 1963.
Sec. 35401. When proceedings for the annexation of territory to a city are
commenced pursuant to this article, the provisions of this article and of Article 1
of this chapter alone apply.- This article shall apply only to territory with prior
to January 1, 1963,_constituted "enclosed territory" as defined in Section 35405
Sec. 35402. The boundaries of the city may be altered and enclosed territory
annexed to -and incorporated within it pursuant to this article.
Sec. 35403. The provisions of Sections 35002.3, 35002.5. and 35008 shall not
apply to proceedings instituted under this article, except that any territory annexed
pursuant to this article must abut territory within the city at at least one point.
Sec. 35404. Real property belonging to a public agency may be annexed pursu-
ant to this article.
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0
Sec, 35405. "Enclosed territory" for the purposes of this article -shall mean
all or any part of lands less than :l0 acres in total area, which. said lands are
completely surrounded by the annexing city. Enclosed territory may be annexed pursu
ant to this article regardless of whether the enclosed territory, proposed to be.
annexed, is inhabited territory or uninhabited territory within the meaning of this
chapter.
Sec. 35406. Proceedings for the annexation of territory may be initiated by
the city council on its own motion_ or.�upon the request of one or more property owners
within the enclosed territory.
Sec. .35407. Upon receiving a written petition requesting annexation, .contain-
ing a description .of the. territory,sought to be included in the. city, and signed by
the owners of any of the land within the enclosed territory, the legislative body may
pass a resolution giving notice of the proposed annexation.
See: 35408. The legislative:body .of a city may initiate proceedings to annex
the territory on its own motion without requiring a petition. If it does, the resolu-
tion giving notice shall declare that proceedings have been initiated by the legisla=
tive-body and set.forth its reasons for desiring annexation.
Sec. 35409. The resolution shall describe the boundaries of the territory
specifically,- designate it by an appropriate name, and contain a.notice of the time
and place. the,legislative,body will hear written protests against' the 'annexation .made
by any person owning real property within the territory. In the resolution, .the
legislative body may set a date.when, pursuant: to Section .35318, the annexation-will
become effective.if such annexation is completed:
Sec. 3541.0. The hearing shall be set•not less than 40 nor more than 60-days
after the passage of the resolution; provided, however, that if -the owner or.owners
of all of the territory to be annexed have petitioned for annexation or filed their
consent to such annexation in writing with the legislative body, "the legislative
body may proceed as ,set ,forth in Section .3541.6:
Sec. 35411. The city clerk. of. the annexing city shall cause a copy of the
resolution to be published at least twice, but not oftener than once a week, in a
newspaper of general circulation published .in the city, publication to be complete at
least 20 days prior to the date set for the hearing. If there is no newspaper of
general circulation published within the annexing city, he shall post a. copy of the
resolution not less than 20 days before the hearing in at least three conspicuous
places within the city.
(a) ' The city clerk of the annexing city shall also cause written notice of
such proposed annexation to be mailed to each .person to whom land-within-the terri
tory proposed to be annexed, is asses.sed, in the last equalized county assessment roll
available on the date the proceedings were initiated, at the address shown on said
assessment roll or as known .to said clerk, and to any person who has filed his name,
address, or mailing address and the designation of the lands in which he has any
interest, either legal or equitable, with said clerk.
(b) In the event any land within the territory proposed to be annexed to a
city is owned by a county, -the city clerk of the annexing city shall. also cause a
written notice of such proposed annexation to be mailed to the board of supervisors
of such county.
_ 24
The notices referred to in subsections (a) and (b) shall be given not less
than 20 days before the first public hearing on the proposed annexation.
Sec. 35412. At any time prior to final adjournment of the hearing on protests,
any owner of property within the territory may file written protest against the annexa-
tion. The protest shall state the name of the owner of the property affected and
the street address or other description of the property sufficient to identify it on
the last equalized assessment roll. A metes and bounds description shall not be
required if the property can be otherwise described in a manner sufficient to identify
it on the last equalized assessment roll. As used in this article, "owner" means the
owner as shown on the last equalized assessment roll, except that the person entitled
to be shown as owner on the current assessment roll shall be deemed the owner,.
and
except that, .where the property affected is subject to a recorded written agreement to
buy, the purchaser under such agreement .to buy shall be deemed the owner. Protests
may be made or withdrawn on behalf.of the owner by an agent authorized in writing by
the owner to act as agent with respect to such land, except that protest may be made
or withdrawn on behalf of a private corporation. which is an owner of property by any
officer or employee of the corporation without .written authorization by the corpora-
tion to act as agent or make such protest,.,.
Sec. 35413. Protests may be filed by the owner of any property included with-
in the territory proposed to be annexed. The city council may continue the hearing
from time to time and the owner of any property may at any time withdraw the protest
on his property. For' the purposes of this section, the "owner" shall mean the person
shown on the last equalized assessment roll, or the person owning the equitable
interest in the subject real property.
Sec. 35414. The city legislative body shall find and declare by resolution
adopted at the hearing or within 10 days after the hearing on protests whether or not
a majority protest has been made. If it does not adopt such a resolution within such
period, it shall be deemed.to have adopted on the 10th-day a resolution that a major-
ity protest has been made:
If a resolution is adopted or deemed adopted finding and declaring that a
protest__is made by the owners -of real property within the territory proposed to be
annexed the assessed value of which, as shown by the last equalized assessment roll,
consitutes more than one-half of the total assessed value of the real property within
the territory proposed to be annexed, no further proceedings for the annexation of
any of the same territory to the city shall be taken for one year after the date of
the adoption of the resolution.
Sec. 35415. If the city legislative body finds by resolution adopted pursuant
to Section 35414 that a majority protest has not been made, the legislative body shall
approve or disapprove the annexation by ordinance adopted within 60 days after the
hearing ,on protests. If the legislative body fails to adopt the ordinance within such
period, it shall be deemed to have adopted, on the 60th day of such period, an or-
dinance disapproving the annexation.
. , Sec. 35416. As an alternative to the foregoing proceedings, in the event that
all of the owners of land located within an enclosed territory request or consent in
writing to annexation of said land to the city, the city legislative body may, after
complying with Section 35002, adopt an ordinance annexing• said land to the city. Such
written request shall not be deemed a petition within the meaning of Section 35002.
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0
. , .Sec. 35417. When an ordinance approving annexation becomes effective; the
clerk of the legislative body shall immediately prepare under seal a certified'copy.'
of the ordinance, giving the date of its passage, and transmit it to the Secretary of
State.
Sec. 35418. :Upon ,receipt of the certified copy of the ordinance, the Secretary
of State shall file it and transmit certificates of filing to the clerk of the city
legislative body and the board of supervisors of the county in which the: city is'
situated.
Sec. 35419: From-the date of filing by the Secretary of State, annexation.
proceedings. are complete. The annexed territory is a .part of the city from the date
fixed .by the legislative body in the resolution described in Section 35409, but not
later than one year after the date of filing by the Secretary of State or the due'-date
of property taxes levied-by the city in the territory, whichever occurs first, .except
that .for the purpose of compliance with Sections 34080 and 54900 of this code, and
any action required for the assessment and levy of property taxes, the territory shall
be deemed part of the,city from the date of filing by the Secretary of State. If no
date is fixed by the legislative body in the resolution described in Section 35409,
the territory is a part of the city for all purposes from the date. of filing by the
Secretary of State or the date of the filing of .the affidavit with the recorder of
the county pursuant'to Section. 34080,'....;hichever occurs later.
Sec. 35420; All proper expenses of proceedings for annexation pursuant to
this. article shall be paid .by the city annexing or attempting to annex.the territory.
Sec. 35421. Where territory is annexed to a city divided into wards, or to a
city which later divides itself into wards, the legislative body, by ordinance, shall
alter the boundaries of the city wards to include -the annexed territory`in ,one or more
wards adjoining the territory, or make one or more .additional wards out of the annexed
territory. The number of wards shall not be increased to exceed the number which the
city is allowed by law.
Sec. 35422. In-altering the boundaries .of wards, or creating new wards,' each
ward shall contain, as, nearly as possible, an equal number of inhabitants eligible to
citizenship. .
Sec. 35423. -Any proceeding held pursuant to.•this article does not alter or
affect the boundaries of any senatorial or- assembly district.
(Added by Chap. 1093, Stats. 1963)
Article 7. Annexation of County Highways
Sec. 35450. The board of supervisors may effect the annexation to any city
or cities of. contiguous unincorporated territory consisting solely of a highway or
highways, or portions thereof, bounded on both sides by city boundaries, pursuant to
the provisions of this article.
Sec. .35451. .. Proceedings are initiated by the board of supervisors of the
county in which the highway or highways or portions thereof are located, passing a
resolution of intention to cause the annexation of the full width thereof to one'or
more of the abutting cities,. or to cause the annexation of part of -the width thereof
to one or more of the abutting cities and the remainder of the width thereof to any
other abutting city or cities. Such resolution shall contain a description or
- 26 -
descriptions of the territory or territories proposed to be annexed and indicate the
city or cities to which it is proposed to be annexed or to which its respective
portions are to be annexed.
Sec. 35452. The clerk of the board of supervisors shall cause notice of the
proposed annexation to be published in the county pursuant to sec. 6061. The notice
shall contain a general description of the land or portions thereof sought to be
annexed, the city or cities to which it or each portion thereof is proposed to be
annexed, and announce the time and place objections will be heard. The,-clerk shall
mail a copy of such notice to the legislative bodies of all cities whose boundaries
are contiguous with any of the area proposed to be annexed at least 30 days prior to
the date set for hearing.
Sec. 35453. Any taxpayer of the county or of any city to which it is proposed
that such territory be, annexed, as .,well as any city whose boundaries are contiguous to
the territory or territories proposed to be annexed, may object by filing a written .
protest with the board prior to the date set.-for the hearing.
If a resolution adopted by the legislative body of the city objecting to the
proposed annexation to that city is filed .with the board of supervisors prior_to the
date set for the hearing, the proceedings as to that city shall be abandoned.
Sec. 35454. At the time specified in the notice, or fixed by postponement,
the board of supervisors shall hear 'and pass upon the protests. The decision of the
board of supervisors upon the protest is final.
Sec. 35455. After hearing the protests, the board 'of supervisors shall vote
upon 'the question of the annexation. A majority vote of, the board is final upon the
question.
Sec.- 35456. If -the board of supervisors approves the annexation of the terri-
tory or territories to the city or cities as proposed, the clerk of the board shall
enter upon its minutes, certify, and transmit to the Secretary of State and to the-
legislative body or bodies of the annexing city or cities copies of the resolution
approving the annexation and the date on which it was passed.
Sec. 35457. The documents' shall be filed by the Secretary of State and from
the date of filing thereof the annexation is complete and the annexed territory or
territories are a part of the annexing city or cities for all purposes.
Sec. 35458. The clerk of the board of supervisors' shall -file the affidavit
of completion and the statement of boundary change required by Chapter 8, Part 1,
Division 2, Title 5, of this code.
Article '8. Annexation of Territory ,Owned by the
Federal Government
Sec. 35470. Contiguous territory, in the same county, not a part of any other
city, owned by the Federal Government or an agency thereof may be annexed to a city ,
pursuant to thi's article.
Sec. 35471. If the Federal Government or agency thereof owning such territory
consents to the annexation, the city legislative body may initiate proceedings for
annexation in the manner provided by sec. 35203. The annexation proceedings shall be
conducted in the manner prescribed in secs. 35203 to 35210, inclusive, and all of the
provisions of such sections and of secs. 35212 and 35213 shall apply to such proceeding
and annexation.
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TITLE 514 DIVISION 1, PART 1, CHAPTER 1 of the GOVERNMENT CODE
Article B. City Boundaries
Sec.' ;0190. If the boundaries between cities or between a city and unincor-
porated territory are conflicting or incorrectly described, or if by reason of the
resubdivision of land, the change in property lines or for other cause, the location
of the. boundaries becomes indefinite or conflicts with the established property lines,
the boundaries may be corrected or relocated to follow definite, established property
lines pursuant to this article.
Sec. 50191. The corrected or relocated boundary lines shall conform as nearly
as practicable to the former boundaries.
Sec. 50192. Where boundary lines are corrected or relocated, the relocation
of the new lines shall be made in such a manner that the majority of the area of the
parcel or property affected determines the entity within whose boundaries the parcel
or property is or shall be located. The purpose of this article is to authorize only
minor corrections or relocations to be made, and no corrections or relocations shall
be made hereunder which relocate within the boundaries of another entity property in
any parcel in excess of one acre in area.
Sec. 50193. The legislative body of any city the boundaries of which are
incorrectly described, indefinite, or conflict with established property lines, or
the board of supervisors of the county in which any such city is located, may file
with the legislative body of any other affected city, or the county, a written
petition specifically describing the parcels of land affected and the proposed loca-
tion of the new boundary line and requesting consent to the correction or relocation
of such boundaries.
Sec. 50194. Petitions shall be submitted to and reported upon by the boundary
commission of the county prior to being filed or acted upon.
Sec. 50195. The legislative body or bodies with which such petitions are
filed shall by resolution either consent to or disapprove each of the corrections or
relocations proposed by the petition within 30 days after receipt thereof. A cer
tified copy of such resolution of consent or disapproval shall be forthwith filed with
the clerk of the petitioning legislative body.
Sec. 50196. The initiating legislative body may thereupon, by resolution,
correct, relocate or alter such boundaries to the extent to which all affected
legislative bodies have consented. Such resolution shall accurately describe the
corrected, relocated or altered boundaries. The enacting legislative body shall
cause its clerk to transmit a certified copy of such resolution to the Secretary of
State, to the board of supervisors of the county in which the affected boundaries are
situated, and to the legislative bodies of all affected cities.
Sec. 50197. The Secretary of State shall file the resolution and transmit
certificates of the filing thereof to the clerks of the legislative bodies of all
affected cities and the board of supervisors in which the cities are situated.
Sec. 50198. The clerk of the legislative body initiating the proceedings
shall file the affidavit of completion and the statement of boundary change required
by Chapter 8, Part 1, Division 2, Title 5, of this code.
- 28 -
Sec. 50199. From the date of filing of the affidavit of completion, the
correction or alteration of boundaries is complete and effective for all purposes.
Sec. 50200. If property is excluded from any city or included in any city
pursuant to this article, such property shall cease to be liable for taxation for the
outstanding indebtedness of the city from which it was excluded and shall become
liable to taxation for the outstanding indebtedness of any other city in which it is
included.
Sec. 53292. Whenever a fire protection district or city fire department is
dissolved or the area it serves is decreased by reason of a consolidation, merger,
incorporation or annexation, and the fire protection district or city fire department
taking over the duties of the dissolved or decreased district or department decides
to hire additional firemen, it shall give first choice for the positions to be filled
to firemen employed by the dissolved or deceased district or department. As nearly
as possible such employees who are hired shall be given positions with a rank com-
parable to that which they held in the dissolved or decreased district or department.
No employee shall be hired who is over the mandatory retirement age of the fire
protection district or city fire department which is taking over the duties of the
dissolved or decreased district or department.
CHAPTER 6.5. LOCAL AGENCY ANNEXATION COMMISSION
(Part 1, Division 2, Title 5 of the Government Code)
Sec. 54750. As used in this chapter:
(a) "Commission" means a local agency annexation commission.
(b) "Special district" means an agency of the State for the local performance
of governmental or proprietary functions within limited boundaries. "Special district"
does not include the State, a city, a county, or a school district.
(c) "Local agency" means city or special district.
Sec. 54750.1. As used in Sections 54753, 54753.05, 54756, and 54759:
(a) "County officer" means:
(1) Member of the board of supervisors.
(2) County clerk.
(3) County auditor or county controller.
(4) County assessor.
(5) County surveyor or county engineer
(6) County registrar of voters.
(b) "City officer" means mayor or member of a city council or legislative
body of this city.
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Sec. 54751. This chapter does not apply to any county in which there is no
city or in which there is only one city.
Sec. 54752. There is hereby created in each county of the 'State a local
agency annexation commission.
Sec. 54753. The commission shall consist of five members, selected as
follows:
(a) Two representing the county, each of whom shall be a county officer,
appointed by the board of supervisors.
(b) Two representing the cities in the county, each of whom shall be a city
officer, appointed by the city selection committee.
(c) One representing the general public, appointed by the other four members
of the commission.
Sec. 54753.05. A city or county officer may serve as a member of the com-
mission while holding office as a city or county officer.
Sec. 54753.1. Except as provided in this section, the term of office of each
member shall be four years and until the first appointment and qualification of his
successor. The first members of the commission shall classify themsleves by lot so
that the term of office of one member is one year, of one member is two years, of two
members is three years and of one member is four years. The power which originally
appointed a member whose term has expired shall appoint his successor for full term
of four years. Any member may be removed by the power appointing him.
Any vacancy in the membership of the commission shall be filled for the un-
expired term by appointment by the power which originally appointed the member whose
position has become vacant.
Sec. 54754. For the purposes of this chapter there shall be a city selection
committee for each county. The membership of such committees shall consist of the
mayor of each city within such county, or, where there is no mayor, the chairman or
president of the city council.
A majority of the members of each city selection committee shall constitute
a quorum.
Sec. 54755. The city selection committee of each county shall meet within
60 days after the effective date of this chapter for the purpose of making the first
appointments to the commission. The committee of each county shall thereafter meet
on the second Monday in May of each year that it is necessary to make succeeding
appointments to the commission.
Sec. 54756. If a member ceases to be an officer of the entity he was appointed
to represent on the commission, his membership on the commission shall thereafter be
considered vacant.
Sec. 54757. The chairman of the commission shall be selected by the members
thereof.
- 30
Sec. 5475$• Commission members shall serve without compensation but` shall,.be
reimbursed the actual amounts of their reasonable and necessary expenses incurred in
attending meetings and in performing the duties of their office.
Sec. 54759. The city selection committee shall appoint one alternate member
of the commission in the same manner as it appoints a regular member. When the
commission is considering a.proposal for the annexation of territor to a city of which
one of the members of the commission appointed under subdivision (bT of Section 54753
is an officer, the member is disqualified from participating in the proceedings of the
commission with respect to the proposal and the alternate member shall serve in his
place for such purpose. .
Sec. 54760. The commission shall have the following powers and duties:
(1) To review and approve or disapprove, with or without amendment, wholly,
partially or conditionally, proposals for the annexation of territory to local agencies
within the county.
(2) To-adopt standards and procedures for the evaluation of proposals for the
annexation of territory to local agencies within the county.
Sec. 54761. No petition seeking the annexation of territory to a local agency
shall be circulated or filed, nor shall any public officer accept any such petition for
filing_, nor shall any governing body initiate proceedings to annex on its own motion
until it .has filed a notice of intention to annex with the commission. The notice
shall contain the specific boundaries of the territory proposed to be annexed.
Sec. 54762. Except as provided in this section, no further action shall be
taken concerning the proposed annexation until the commission has rendered its decision
as provided in Section 54766. . If other provisions of law which govern the annexation
provide for., the submission of the proposed boundaries of the territory to be annexed-'
to be county boundary commission for review and report, such provisions of law shall
be complied with after the filing of a notice of intention with the local agency
annexation commission pursuant to Section 54761. A copy of the report, if any, shall
be transmitted to the local agency annexation commission.
Sec. 54763. Following receipt of .the copy of the report, if any, of the county
boundary commission and of the notice prescribed by Section 54761, the commission shall
. set the date, time, and place for a public hearing on the proposal. The date of the
hearing shall: not be more than 60 days following receipt by the commission of such
notice. The •commission shall notify the governing body of each local agency having
jurisdiction within the boundaries of the territory proposed to be annexed, and the
governing body of each city within three miles of the. exterior boundaries of the
territory proposed to; be annexed, any interested party who has filed a written request
with the executive officer of the commission for such notice, and the proponents of the
annexation of the date time and lace of the p public hearing; at least 15 days prior
to the date fixed for the hearing.
i
Sec. 54764. At the hearing, the commission shall hear any interested parties
having made formal request to appear and be heard, and the report of the commission's
staff. The commission and its presiding officer shall have the power to make and
enforce such rules and regulations as will provide for orderly and fair conduct of the
hearings.
31
i
Sec. 54765. Factors to be considered in the review'of an' annexation proposal
shall include but not be limited to:
r
(1) Population; population density; land area and land uses; per capita
assessed valuation; .topography, natural boundaries, and drainage basins; proximity to
other populated areas; the likelihood of significant growth in the area, and in
adjacent incorporated and unincorporated areas, .during the next 10 years.
(2) Need for organized community services; the present cost and adequacy of
governmental services and controls in the area; probable future needs for such services
and controls; probable effect of the proposed formation and of alternative courses of
action on the cost and adequacy of services and controls in the area and adjacent .areas.
1
(3) The effect of the proposed annexation, and of alternative actions, on
adjacent areas, on mutual social and economic interests and on the local governmental
structure of the county.
Sec. 54766. Upon conclusion of the hearing, the commission may take the matter
under consideration'and shall; ,within -30 days following conclusion of the hearing,
present its determination. The commission may also adjourn a hearing from time to
f time, but not to exceed a total of 30 days.
"if the commission approves the annexation; proceedings therefor may be contin
ued as otherwise provided by the governing law.- . If the commission disapproves the
proposed annexation, further proceedings to annex the territory to the local agency
shall terminate. If the commission approves the proposed annexation with modifications
or conditions, further proceedings for the annexation may be continued only in com-
pliance with such modifications or "conditions.
Sec_. 54767-. If the commission disapproves the annexation of territory to a
city,- no notice :bf intention to annex the same or substantially the same territory to
that city may be filed with-the commission for at 'least one year after the 'date ,of
disapproval..
If the commission disapproves the annexation of territory to -a special district,
no notice of intention to annex the same or substantially the same territory to that
special district maybe filed with the commission for at least one' year• after the date
of disapproval.
Sec. 54768 If the territory of a special district-lies in more than one
county, the notice of intention-to annex, required. by Section '54761 shall be filed
with the commission of the county- in which the territory to be annexed lies.
Sec. 54769. The. commission may appoint an executive officer who shall conduct `
and perform the day-to-day business of the commission. If the- commission does not
appoint an executive officer, the county administrator,. or, if`there is none, the
county clerk, shall act as executive officer for the commission:
To the extent that the assistance rendered to- the commission under- Section
54770 is insufficient for.-its needs, the commission may appoint and assign staff
personnel necessary for the performance of its duties. and functions and -tYie commission
may employ and contract, for.professional or consulting services to carry out and effect
the function specified in this chapter.
The commission may also incur usual and necessary expenses for the accomplish-
ment of its functions.
- 32.. _
Sec. 54770. The county boundary commission shall render advisory services to
the local agency annexation commission.upon its request. The staff of each member of
"the county boundary commission shall be available to the local agency annexation.com-
mission to assist it in carrying out its functions under this chapter. ,
Sec. 54771. The board of supervisors shall furnish the commission with neces-
sary quarters, equipment, and supplies, and the usual and necessary operating expenses
incurred by the commission shall be a county charge.
(Added by Chap. 1810, Stats. 1963)
(Stats. 1963, Chap. 1810, Sec. 2. This act shall become operative only if
Assembly Bill.No. 1662 is enacted at the 1963 Regular Session of the Legislature and
in'such case at the same time as Assembly Bill No. 1662 takes effect. If. this bill
and Assembly Bill No. 1662 are both enacted at the 1963 Regular Session of the Legis-
lature, no local agency annexation commission shall be formed pursuant to Chapter 6.5
(commencing with Section 54750) of Part 1, Division 2, Title 5 of the Government Code.,
but a local agency formation commission shall be formed in each county pursuant to
Chapter 6.6 (commencing with Section 54775) of said part. The local agency formation
commission shall have all of the powers vested in the commission by said Chapter 6.6
and, in addition, shall, in each county, notwithstanding Government Code Section 54751,
have all of the powers vested by said Chapter 6.5 in a local agency annexation com-
mission and Chapter 6.5 shall apply in each county in the State.
Stats. 1963, Chap. 1810, Sec. 3. This act shall not apply to proceedings to
annex territory to a local agency if the annexation petition has been circulated or
filed, or if a governing body has initiated proceedings-to annex on its own .motion,
prior to the time when the first members of the commission created by this act are
selected in the county or counties in which lies the annexing local agency and the
territory to be annexed. )
, CHAPTER 6.6. LOCAL AGENCY FORMATION COMMISSION
( P4rt 1, Division 2, Title 5 of the Government Code)
Sec. 54775. As used in this chapter:
(a) "Commission" means a local agency formation commission.
(b) "Special district" means an agency of the State for the local performance
of governmental or proprietary functions within limited boundaries. "Special district"
does not include the State, a city, a county, or a school district. "Special district"
does not include a special assessment district formed under the Improvement Act of 1911,
the Municipal Improvement Act. . of 1913, the Street Opening Act of 1903, the Vehicle
Parking District Law of 1943, the Parking District Law of 1951, the Pedestrian Mall Law
of 19601 or similar assessment law, or similar procedural ordinance adopted by a
chartered city. "Special district" does not include-an improvement district or zone
formed for the sole purpose of designating an area which is to bear a special tax or
assessment for an improvement benefiting that area.
(c) "Local agency" means city or special district.
Sec. 54775.1. As used in Sections 54776, 54776,.1, �54776.2, 54776.3, and
54779:
(a) "County officer" means:
(1) Member of the board of supervisors.
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i
(2) County. clerk.
(3) County auditor or county controller.
(4) County assessor.
(5) County surveyor or county engineer.
(6) County registrar of voters.
(b) "City officer" means mayor or member of a .city council or legislative
body of the city.
Sec. 54776: There is hereby created in each county of the State a local
agency formation commission.
Except as provided in Sections 54776.1 and 54776.29 the commission shall
consist of five members, selected as follows:
(a) Two representing the county, each of whom shall be a county officer,
appointed by the board of supervisors.
(b) Two representing the cities in the county, each of whom shall be a city
officer, appointed by the city selection committee.
(c) One representing the general public, appointed by the other four members
of the commission.
Sec. 54776.1. If there is no city in the county, the commission shall-consist
of five members, selected as follows:
(a) Three representing the county, each of whom shall be a county officer,
appointed by the board of supervisors.
(b) Two representing the general public, appointed by the other three members
of the commission.
Sec. 54776.2. If there is only one city in the county, the commission shall
consist of five members, selected as follows:
(a) Two representing the county, each of whom shall be a county officer,
appointed by the board of supervisors.
(b) One representing the ,city, who shall be a city officer, appointed by the
legislative body of the city.
(c) Two representing the general public, appointed by the other three members
of the commission.
Sec. 54776.3. A city or county officer may serve as a member of the commis-
sion while holding office as a city or county officer.
Sec. 54777, Except as provided in this section, the term of office of each
member shall be four years and until the first appointment and qualification of his
successor. The first members of the commission shall classify themselves by lot so < ..
- 34 -
that the term of office .of one member is one- y,ear, of one member is.two years, of two
membershis three years and of one member is four years. The power which originally
appointed a member whose term has expired shall appoint his successor for full term
of four years. Any member may be removed by the power appointing him.
Any vacancy is the membership of the commission shall be filled for the
unexpired ter-in by appointment by the power which originally appointed the member whose
position has become vacant.
The chairman of the commission shall be selected by the members thereof.
Commission members shall serve without compensation but shall be reimbursed
the actual amounts of their reasonable and necessary expenses incurred in attending
meetings and in performing the duties of their office.
Sec. S4778. For the purposes of this -chapter there shall be a city selection
committee for each county. The membership of such committees shall consist of the
mayor of each.city:within such county, or, where there is no mayor, the chairman or
president of' the city council. .
A majority of'the members of each city selection committee shall constitute
a quorum.
The city selection committee of each county shall meet within 60 days after
the effective date of this chapter for the purpose of making the first appointments
to the commission. The committee of each county shall thereafter meet on the second
Monday in May of each year that it is necessary to make succeeding appointments to
the commission.
Sec. 54779. If a member ceases to be an officer of the entity he was appointed
to represent on -the- commission, his membership on the commission shall thereafter be
considered vacant. «
Sec. 54780. The commission shall have the following powers and duties subject
to the limitations upon its jurisdiction herein set forth:
(1) To review and approve or disapprove with or without amendment, wholly,
partially or conditionally, the following:
(a) Proposals for the incorporation of cities.
(b) Proposals for the creation of special districts.
(2) To adopt standards and procedures for the evaluation of proposals for the
creation of cities or special districts.
Sec.-.54781. (a) Before a notice of intention to circulate a petition seeking
the incorporation of a new city may be filed the proponents shall file a notice of
intention to form the new city with the commission. The notice shall contain the
specific boundaries of the territory proposed to be incorporated.
(b) After the provisions of Sections 34303.5 have been complied with, and o
within 10 days after the date the clerk of the board of supervisors-certifies., pursuant
to Section 34306 of the Government Code, that a petition is properly signed and
correctly describes the boundaries of the proposed city, the clerk shall notify the
commission of such action. No further action shall be taken concerning the proposed
i
- 35
I
incorporation until the commission has rendered its decision as provided in Section
54787.
Sec. 54782. (a) Before proceedings are initiated to form a special district
the proponents of the creation of such district shall file a notice of intention to
form the special district with the commission. The notice shall contain the specific
boundaries of the proposed district and a description of the kind of district proposed
to be formed. For the purpose of this subdivision proceedings to initiate the forma-*
tion of a special district mean:
(1) The circulation of a petition to form a special district or the filing of
notice to circulate such a petition if such notice is required.
(2) The adoption of a resolution or ordinance by the board of supervisors
initiating the formation of a special district.
(b) After the provisions, if any, of law requiring the submission of the
boundaries of the proposed special district to the county boundary commission for
review have been complied with, and within 10 days after the determination 'by the
appropriate officer or body as to the sufficiency of the petition, or, if proceedings
have not been initiated by petition, within 10 days after the boundaries of the
proposed district have been finally determined by the agency having the power to make
such determination, the officer, body, or agency making such determination shall
notify the commission of such action. No further action shall be taken concerning the
proposed formation until the commission has rendered its decision as provided in ,
Sections 54787.
Sec. 54784. Following receipt of the notice prescribed by subdivision (b) of
Section 54781 or subdivision (b) of Section 54782, the commission shall set the date,
time, and place for a public hearing on the proposal. The date of the hearing shall
not be more than 60 days following receipt by the commission of the notice heretofore
described in this section. The commission shall notify the governing body of each
city or special district having jurisdiction within the boundaries of the proposed
city or district, the governing body of each city within three miles of the exterior
boundaries of the proposed city or district, any interested party who has filed a`
written request with the executive officer of the commission for such notice, and the
proponents of the formation petition, of the date, time, and place of the public,
hearing, at least 15 days prior to the date fixed for the hearing. In addition,
notice of the hearing shall be published pursuant to Section 6061 in a newspaper of
general circulation in each city or special district within the boundaries of the
proposed city or district at least 15 days prior to the date fixed for the hearing.
The hearing shall be held at the county seat of the county or one of the counties in
which the city or district is proposed to be formed, or in a city or other place in
the county designated by the commission.
Sec. 54785. At the hearing, the commission shall hear any interested parties
having made formal request to appear and be heard, and the report of the commission's
i. staff. The commission and its presiding officer shall have the power to make and
enforce such rules and regulations as will provide for' orderly and fair conduct of the
j hearings.
I
Sec. 54786. Factors to be considered in the review of a proposal for the
creation of a proposed city or district shall include but not to limited to:
- 36 -
(1) Population'; population density; land area and land uses; per capita
assessed valuation; topography, natural boundaries, and drainage basins; proximity to
.. other populated areas; the likelihood of significant growth in the area, and in
adjacent incorporated and unincorporated areas., during the next 10 years.
(2) Need for organized community services; the present cost and adequacy of
governmental services and controls in the area; probable future needs for such services
. and controls; probable effect of the proposed formation and of alternative courses of
action on. the cost,-and adequacy of services and controls in the area and adjacent
areas.
(3) The effect of the proposed formation, and of alternative actions, ' on
adjacent areas, on- mutual -social and economic interest and on the local governmental
structure of the county. .
Sec. 54787. - Upon conclusion of the hearing, the commission may take the matter
under consideration and shall, within 30 "days following conclusion of the hearing,
present its. determination. The commissioni may also. adjourn a hearing from time to
time, but not .to exceed a total.of 60. days
If the commis on approves the formation of"the proposed city or district,
proceedings forts formation may be continued as otherwise provided by the governing
law If the commission disapproves the proposed formation, furt her proceedings to form
the city or district shall terminate. If the commission approves the proposed forma-
tion with modifications or -conditions, further proceedings for the formation may be
continued only in compliance with such modifications or conditions.
Sec. 54788. The board of supervisors shall furnish the commission with
necessary quarters, equipment, and supplies, and the usual and necessary operating
expenses incurred by the commission shall be a county charge.
Sec. 54789. If the commission disapproves the formation of the proposed city,
no notice of intention to form a new city composed of the same or substantially the
same territory may-be filed- with "the commission for at least one year after the date
of disapproval.
If ,the commission disapproves the formation of the proposed special. district,
no notice of -intention to form a special district, under the same provisions of .law
providing for the formation of the special district which was disapproved, which.is
composed of.the same or substantially the same territory may be filed with the com-
mission for at least one year after the date of disapproval.
Sec. 547,90. The, county-boundary commission shall render advisory services to
the local agency formation commission upon its request. The staff of each member of
the county boundary commission shall ,be available to the local agency formation
commission to assist .it in-carrying out its functions under this chapter.
Sec. 54791. The" commission may appoint an executive officer who shall conduct
and perform the day-to-day business of the commission. If the commission does not
appoint an executive officer, the county administrator, or, if there is none, the
county clerk, shall act as executive officer for the commission.
To the extent that the assistance rendered to the commission under Section
54790 is insufficient for its needs, the commission may appoint and assign staff
personnel necessary for the performance of its duties and functions and the commission 1
- 37 - l
A
may employ or contract for professional or consulting services to carry out and effect
the functions specified in this chapter.
The commission may also incur usual and necessary expenses for the accomplish-
ment of its functions.
(Added by Chap. 1808, Stats. 1963)
(Stats. 1963, Chap. 1808, Sec. 2. If this bill and Senate Bill No. 861' are
both enacted at the 1963 Regular Session of the Legislature, a local agency formation
commission shall be formed in each county pursuant to Chapter 6.6 (commencing with
Section 54775) of Part 1, Division 2, Title 5 of the Government Code and no local
agency annexation commission shall be formed in any county pursuant to Chapter 6.5
(commencing with Section 54750) of said part. In such case, the local agency forma-
tion commission shall have all of the powers vested in the commission by said Chapter
6.6 and, in addition, shall in each county,. notwithstanding Government Code Section
54751, have all the powers vested by said Chapter 6.5 in a local agency annexation
commission and said Chapter 6.5 shall apply in every. County in the State.
Stats. 1963, Chap. 1808, Sec. 3. This act shall not apply to proceedings to
form a city or special district which are initiated prior to the time when the first
members of the commission created by this act are selected in the county in which lies
the territory to be included in the proposed city or special district.
In the case of proceedings to form a new city proceedings are initiated for
the purposes of the section by the filing of a notice of intention to circulate a
petition seeking the incorporation of a new city. )
THE EDUCATION CODE
Sec. 1974. Every city organized before September 11, 1957, except a general
law city, constitutes a separate school district unless otherwise prescribed in its
original city charter. The district shall be governed by the board of education or
board of school trustees of the city. Every chartered city organized on and after
September 11, 1957, unless otherwise provided in its original charter, constitutes a
separate school district if approved by the State Board of Education. The approval
shall be by resolution. The State Board of Education shall approve such district only
if it has received the favorable recommendation of the county committee and the county
superintendent of schools of the county in which the city is situated. Sections 2304
to 2306, inclusive, shall apply to any annexation of territory to a city constituting
a separate school district under this section. If the consent of the governing board
of the district is first obtained, territory within the exterior boundaries of a city
may be withdrawn from the school district of that city and annexed or transferred to '
an adjoining school district in the manner provided elsewhere in this code for the
change of school district boundaries. (Added by Chap. 629, Stats. 1963)
f
1
l - 38 -
Sec. 2304. Territory annexed to a city which is not contiguous to a school
district within the city shall not automatically become a part of any school district
within such city pursuant to Section 1974.
Sec. 2305. When territory is annexed to a city pursuant to the Annexation Act
of 1913 (commencing with Government Code Section 35100) or the Annexation of Uninhab-
ited Territory Act of 1939 (commencing with Government Code Section 35300), the ter-
ritory does not thereby become a part of the school district of the city pursuant to
Section 1974 unless the resolution required by Government Code Section 35117 or Sec-
tion 35306, as the case may be, contains a statement that the annexed territory shall
become a part of the school district of the city. A statement to transfer the annexed
territory to the city school district shall not be included in such a resolution unless
the territory is contiguous to the school district of the city and the governing boards
of each of the districts whose boundaries would be changed have agreed in writing to
the transfer. If the boundaries of three .or more.districts would be affected and only
one of the districts is not in agreement with the others, the matter may be referred
to the State Board of Education whose decision in the matter will be final.
Sec. 2306. Territory annexed to a city pursuant to Articles 3 4.1 7, and 8
(commencing with Sections 35200, 35250, 35450, and 35470, respectively] of Chapter 1,
Part 2, Division 2, Title 4 of the Government Code shall not automatically become a
part of any school district within such city pursuant to Section 1974.
(Added by Chap. 629, Stats. 1963)
I
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- 39 -
i
Assembly Bill No. 1662
CHAPTER 1808
An act to add Chapter 6.6 (commencing with Section 54775)
to Part 1, Division 2, Title 5 of the Government Code, relat-
ing to the formation of cities and districts.
[Approved by Governor July 17, 1963.Filed with
Secretary of State July 19, 1963.]
The people of the State of California do enact as follows:
SECTION 1. Chapter 6.6 (commencing with Section 54775)
is added to Part 1, Division 2, Title 5 of the Government Code,
to read:
CHAPTER 6.6. LOCAL AGENCY FORMATION COMMISSION
54775. As used in this chapter:
(a) "Commission" means a local agency formation com-
mission.
(b) "Special district" means an agency of the State for the
local performance of governmental or proprietary functions
within limited boundaries. "Special district" does not include
the State, a city, a county, or a school district. "Special dis-
trict" does not include a special assessment district formed
under the Improvement Act of 1911, the Municipal Improve-
ment Act of 1913, the Street Opening Act of 1903, the Vehicle
Parking District Law of 1943, the Parking District Law of
1951, the Pedestrian Mall Law of 1960, or similar assessment
law, or similar procedural ordinance adopted by a chartered
city. "Special district" does not include an improvement dis-
trict or zone formed for the sole purpose of designating an
area which is to bear a special tag or assessment for an im-
provement benefiting that area.
(c) "Local agency" means city or special district.
54775.1. As used in Sections 54776, 54776.1, 54776.2,
54776.3, and 54779:
(a) "County officer"means:
(1) Member of the board of supervisors.
(2) County clerk.
(3) County auditor or county controller.
(4) County assessor.
(5) County surveyor or county engineer.
(6) County registrar of voters.
(b) "City officer"means mayor or member of a city council
or legislative body of the city.
(R) 1pac6 aA
54776. There is hereby created in each county of the State
a local agency formation commission.
Except as provided in Sections 54776.1 and 54-776.2, the
commission shall consist of five members, selected as follows:
(a) Two representing the county, each of whom shall be a
county officer, appointed by the board of supervisors.
(b) Two representing the cities in the county, each of,mhom
shall be a city officer,appointed by the city selection committee.
(e) One representing the general public, appointed by the
other four members of the commission.
54776.1. If there is no city in the county, the commission
shall consist of five members, selected as follows:
(a) Three representing the county, each of whom shall be a
county officer, appointed by the board of supervisors.
(b) Two representing the general public, appointed by the
other three members of the commission.
54776.2. If there is only one city in the county, the com-
mission shall consist of five members, selected as follows:
(a) Two representing the county, each of whom shall be a
county officer, appointed by the board of supervisors.
(b) One representing the city, who shall be a city officer,
appointed by the-legislative body of the city.
(c) Two representing the general public, appointed by the
other three members of the commission.
54776.3. A city or county officer may serve as a member of
the commission while holding office as a city or county officer.
54777. Except as provided in this section, the term of of-
fice of each member shall be four'years and until the first
appointment and qualification of his successor. The first mem-
bers of the commission shall classify themselves by lot so that
the term of office of one member is one year, of one member
is two years, of two members is three years and of one member
is four years. The power which originally appointed a member
whose term has expired shall appoint his successor for full
term of four years. Any member may be removed by the power
appointing him.
Any vacancy in the membership of the commission shall be
filled for the unexpired term by appointment by the power
which originally appointed the member whose position has be-
come vacant.
The chairman of the commission shall be.selected by the
members thereof.
Commission members shall serve without compensation but
shall be reimbursed the actual amounts of their reasonable
and necessary expenses incurred in attending meetings and in
performing the duties of their office.
54778. For the purposes of this chapter there shall be a
city selection committee for each county. The membership of
0 r
— 3 —
such committees shall consist of the mayor of each city within
such' county, or, where there is no mayor, the chairman or
president of the city council.
A majority of the members of each city selection committee
shall constitute a quorum.
The city selection committee of each county shall meet within
60 days after the effective date of this chapter for the purpose
of making the first appointments to the commission. The com-
mittee of each county shall thereafter meet on the second
Monday in May of each year that it is necessary to make
succeeding appointments to the commission.
54779. If a member ceases to be an officer of the entity he
was appointed to represent on the commission, his membership
on the commission shall thereafter be considered vacant.
54780. The commission shall have the following powers and
duties subject to the limitations upon its jurisdiction herein
set forth:
(1) To review and approve or disapprove with or without
amendment, wholly, partially or conditionally, the following:
(a) Proposals for the incorporation of cities.
(b) Proposals for the creation of special districts.
(2) To adopt standards and procedures for the evaluation
of proposals for the creation of cities or special districts.
54781. (a) Before a notice of intention to circulate a peti-
tion seeking the incorporation of a new city may be filed the
proponents shall file a notice of intention to form the new city
with the commission. The notice shall contain the specific
boundaries of the territory proposed to be incorporated.
(b) After the provisions of Section 34303.5 have been com-
plied with, and within 10 days after the date the clerk of the
board of supervisors certifies, pursuant to Section 34306 of
the Government Code, that a. petition is properly signed and
correctly describes the boundaries of the proposed city, the
clerk shall notify the commission of such action. No further
action shall be taken concerning the proposed incorporation
until the commission has rendered its decision as provided in
Section 54787.
54782. (a) Before proceedings are initiated to form a spe-
cial district the proponents of the creation of such district shall .
file a notice of intention to fornj. the special district with the
commission. The notice shall contain the specific boundaries of
the proposed district and a description of the kind of district
proposed to be formed. For the purpose of this subdivision
proceedings to initiate the formation of a special district mean:
(1) The circulation of a petition to form a special district
or the filing of notice to circulate such a petition if such notice
is required..
--
- 4 —
(2) The adoption of a resolution or ordinance by the board
of supervisors initiating the formation of a special district.
(b) After the provisions, if any, of law requiring the sub-
mission of the boundaries of the proposed special district to
the county boundary commission for .review have been coi -
plied with, and within 10 days after the determination by
the appropriate officer or body as to the sufficiency of the ,
petition, or, if proceedings have not been initiated by petition,
within 10 days after the boundaries of the proposed district
have been finally determined by the agency having the power
to make such determination, the officer, body, or agency mak-
ing such determination shall notify the commission of such
action. No further action shall be taken concerning the pro-
posed,formation until the commission has rendered its decision
as provided in Section 54787. .
54784. Following receipt•of the notice prescribed by sub-
division (b) of Section 54781 or subdivision (b) of Section
54782, the commission shall set the date, time, and,place for
a public hearing on the proposal. The date of the hearing shall
not be more than 60 days following receipt by the commission
of the notice heretofore described in this section. The commis-
sion shall notify the governing body of each city or*.special
district having jurisdiction within the boundaries of the pro-
posed city or district, the governing body of each city within
three miles of the exterior boundaries of the proposed city or
district, any interested party who has filed a written request
with the executive officer of the commission for such notice, '
- and the proponents of the formation petition, of the date, time,
and place of the public hearing, at least 15 days prior to the
date fixed for the hearing. In addition, notice of the hearing
shall be published pursuant to Section 6061 in a newspaper
of general circulation in each, city or special district within ,
the boundaries of the proposed city or district at least 15 days,
prior to the date fixed for the hearing. The hearing shall be
held at the county seat of the county or one of the counties
in which the city or district is proposed to be formed, or yin
a city or other-place in, the .county designated by the com-
mission.
54785. At the hearing, the commission shall hear any in-
terested- parties having made formal request to appear and
be.heard, and the report of the .commission's stag.. The com-
mission and'its presiding officer shall have the popper to make
and enforce such rules and regulations as will provide for
orderly and fair 'conduct of the hearings.
• •
— 6 -
54786. Factors to be considered in the review of a proposal
for the creation of a proposed city or district shall include but
not be limited to:
(1) Population; population density; land area and land
uses; per capita assessed valuation; topography, natural
boundaries, and drainage basins; proximity to other popu-
lated areas; the likelihood of significant growth in the area,
and in adjacent incorporated and unincorporated areas, dur-
ing the next 10 years.
(2) Need for organized community services; the present
cost and adequacy of governmental services and controls in
the area; probable future needs for such services and controls;
probable effect of the proposed formation and of alternative
courses of action on the cost and adequacy of services and con-
trols in the area and adjacent areas.
(3) The effect of the proposed formation, and of alternative
actions, on adjacent areas, on mutual social and economic in-
terests and on the local governmental structure of the county.
54787. Upon conclusion of the hearing, the commission may
take the matter under consideration and shall, within 30 days
following conclusion of the hearing, present its determination.
The commission may also adjourn a hearing from time to
time, but not to exceed a total of 60 days.
If the commission approves the formation of the proposed
city or district, proceedings for its formation may be continued
as otherwise provided by the governing law. If the commission
disapproves the proposed formation, further proceedings to
form the city or district shall terminate. If the commission ap-
proves the proposed formation with modifications or condi-
tions, further proceedings for the formation may be continued
only in compliance with such modifications or conditions.
54788. The board of supervisors shall furnish the commis-
sion with necessary quarters, equipment, and supplies, and
the usual and necessary operating expenses incurred by the
commission shall be a county charge.
54789. If the commission disapproves the formation of the
proposed city, no notice of intention to form a new city com-
posed of the same or substantially the same territory may be
filed with the commission for at least one year after the date
of disapproval.
If the commission disapproves the formation of the proposed
special district, no notice of intention to form a special dis-
trict, under the same provisions of law providing for the for-
mation of the special district which was disapproved, which
is composed of the same or substantially the same territory
may be filed with the commission for at least one year after
the date of disapproval.
- 6 --
54790. The county boundary commission shall render ad-
visory services to the local agency formation commission upon
its request. The staff of each member of the county boundary
commission shall be available to the local agency formation
commission to assist it in carrying out its functions under this
chapter.
54791. The commission may appoint an executive officer
who shall conduct and perform the day-to-day business of the
commission. If the commission does not appoint an executive
officer, the county administrator, or, if there is none, the
county clerk, shall act as executive officer for the commission.
To the extent that the assistance rendered to the commission
under Section 54790 is insufficient for its needs, the commis-
sion may appoint and assign staff personnel necessary for the
performance of its duties and .functions and the commission
may employ or contract for professional or consulting services
to carry out and effect the functions specified in this chapter.
The commission may also incur usual and necessary expenses
for the accomplishment of its functions.
SEC. 2. If this bill and Senate Bill No. 861 are both en-
acted at the 1963 Regular Session of the Legislature, a local
agency formation commission shall be formed in each county
pursuant to Chapter 6.6 (commencing with Section 54775) of
Part 1, Division 2, Title 5 of the Government Code and no
'local agency annexation commission shall be formed in any
county pursuant to Chapter 6.5 (commencing with Section
54750) of said part. In such case, the local agency forma-
tion commission shall have all of the powers vested in the
commission by said Chapter 6.6 and, in addition, shall in each
county,notwithstanding Government Code Section 54751, have
all the powers vested by said Chapter 6.5 in a local agency
annexation commission and said Chapter 6.5 shall apply in 1.
every county in the State.
SEc. 3. This act shall not apply to proceedings to form a
city or special district which are initiated prior to the time
when the first members of the commission created by this act
are selected in the county in which lies the territory to be
included in the proposed city or special district.
In the case of proceedings to form a new city proceedings
are initiated for the purposes of the section by the filing of'a
notice of intention to circulate a petition seeking the incorpo-
ration of a new city.
0
Senate Bill No.861
CHAPTER 1810
An act to add Chapter 6.5 (commencing with Section 54750)
to Part 1, Division 2, Title 5 of the Government Code, relat-
ing to annexations of territory to local agencies.
[Approved by Governor July 17, 1963.Filed with
Secretary of State July 19, 1963.]
The people of the State of California do enact as follows:
SECTION 1. Chapter 6.5 (commencing with Section 54750)
is added to Part 1, Division 2, Title 5 of the Government Code,
to read:
CHAPTER 6.5. LOCAL AGENCY ANNEXATION COMMISSION
54750. As used in this chapter:
(a) "Commission" means a local agency annexation com-
mission.
(b) "Special district"means an agency of the State for the
local performance of governmental or proprietary functions
within limited boundaries. "Special district" does not include
the State, a city, a county, or a school district.
(c) "Local agency" means city or special district.
54750.1. As used in Sections 54753, 54753.05, 54756, and
54759:
(a) "County officer" means:
(1) Member of the board of supervisors.
(2) County clerk. .
(3) County auditor or county controller.
(4) County assessor.
(5) County surveyor or county engineer.
(6) County registrar of voters.
(b) "City officer" means mayor or member of a city coun-
cil or legislative body of the city.
54751. This chapter does not apply to any county in which
there is no city or in which there is only one city.
54752. There is hereby created in each county of the State
a local agency annexation commission.
54753. The commission shall consist of five members, se-
lected as follows:
(a) Two representing the county, each of whom shall be a
county officer,appointed by the board of supervisors.
(b) Two representing the cities in the county, each of whom
shall be a city officer, appointed by the city selection com-
mittee.
(R) 1,a666 X
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(c) One representing the general public, appointed by the
other four members of the commission.
54753.05. A city or county officer may serve as a member
of the commission while holding office as a city or county
officer.
54753.1. Except,as provided in this section, the term of
office of each member shall be four years and until the first
,appointment and qualification of his successor. The first mem-
bers of the commission shall classify themselves by lot so that
the term of office of one member is one year, of one member
is two years, of two members is three years and of one member F
is four years. The power which originally appointed a member
whose term has expired shall appoint his successor for full
term of four years. Any member may be removed by the power
appointing him.
Any vacancy in the membership of the commission shall
be filled for the unexpired term by appointment by the power
which originally appointed the member whose position has be-
come vacant.
54754. For the purposes of t}is chapter there shall be a
city selection committee for each county. The membership of
such committees shall consist of the mayor of each city within
such county, or, where there is no mayor, the chairman or
president of the city council.
A majority of the members of each city selection committee
shall constitute a quorum.
54755. The city selection committee of each county shall
meet within 60 days after the effective date of this chapter for
the purpose of making the first appointments to the commis-
sion. The committee of each county shall thereafter meet on
the second Monday in May of each year that it is necessary
to make succeeding appointments to the commission.
54756. If a member ceases to be an officer of the entity
he was appointed to represent on the commission, his mem-
bership on the commission shall thereafter be considered
vacant.
54757. The chairman of the commission shall be selected
by the members thereof.
54758. Commission members shall serve without compen-
sation but shall be reimbursed the actual amounts of their rea-
sonable and necessary expenses incurred in attending meet-
ings and in performing the duties of their office.
54759. The city selection committee shall appoint one alter-
hate member of the commission in the same manner as it ap-
points a regular member. When the commission is considering
a proposal for the annexation of territory to a city of which
one of the members of the commission appointed under subdivi-
sion (b) of Section 54753 is an officer, the member is disquali-
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fied from participating in the proceedings of the commission
with respect to the proposal and the alternate member shall
serve in his place for such purpose.
54760. The commission shall have the following powers
and duties:
(1) To review and approve or disapprove,,with or without
amendment, wholly, partially or conditionally, proposals for
the annexation of territory to local agencies within the county.
(2) To adopt standards and procedures for the evaluation
of proposals for the annexation of territory to local agencies
within the county.
54761. No petition seeking the annexation of territory to
` a local agency shall be circulated or filed, nor shall any public
officer accept any such petition for filing, nor shall any gov-
erning body initiate proceedings to annex on its own motion
until it has filed a, notice of intention to annex with the com-
mission. The notice shall contain the specific boundaries of
the territory proposed to be annexed.
54762. Except as provided in this section,no further action
shall be taken concerning the proposed annexation until the
commission has rendered its decision as provided in Section
54766. If other provisions of law which govern the annexa-
tion provide,for the submission of the proposed boundaries
of the territory to be annexed to the county boundary com-
mission for review and report, such provisions of law shall
be complied with after the filing of a notice of intention with
the local agency annexation commission pursuant to Section
54761. A copy of the report, if any, shall be transmitted to the
local agency annexation commission.
54763. Following receipt of the copy of the report, if any,
of the county boundary commission and of the notice pre-
scribed by Section 54761, the commission shall set the date,
time, and place for a public hearing on the proposal. The
date of the hearing shall not be more than 60 days follow-
ing receipt by the commission of such notice. The commission
shall notify the governing body of each local agency having
jurisdiction within the boundaries of the territory proposed to
be annexed., and the governing body of each city within three
miles of the exterior boundarie: of the territory proposed to
be annexed, any interested party rouo has filed a written re-
quest with the executive officer of° the commission for such
notice, and the proponents of the annexation, of the date, time,
F and place of the public hearir g, at '=east 15 days prior to the
date fixed. for the hearing.
54764. At the hearing, the co-idiT.raission shall hear any inter-
ested parties having made formal request to appear and be
heard, and the report of the conircission's staff. The commis-
sion and its presiding officer shall have the power to make and
J
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enforce such rules and regulations as will provide for orderly
and fair conduct of the hearings.,
54765. ,Factors to be considered in the review of an, an-
nexation proposal shall include_but not be limited to:
(1) Population; population density; land area and land
uses; per capita assessed valuation; topography, natural
boundaries, and drainage basins;'proximity to.other populated
areas; the likelihood of significant growth in the area, and in
adjacent incorporated and unincorporated areas, during the
next 10 years.
(2) Need for organized community services; the, present
cost and adequacy of governmental services and controls in the
area; probable future needs for such services and controls;
probable effect of the proposed•formation and of alternative
courses of action on the cost and adequacy of services and
controls in the area and adjacent areas.
(3) The effect of the proposed annexation, and of alterna-
tive actions,,on adjacent areas; on mutual social and economic
interests and on the local governmental structure of the
county.
54766. Upon conclusion- of the hearing, the commission.
may take the matter under consideration and shall, within 30
days.following conclusion of the hearing, present its determi-
nation. The commission may also adjourn a hearing from time
to time, but not to exceed a total of 30 days.
If the commission approves the annexation, proceedings
therefor may be continued as otherwise provided by the gov-
erning law. If the commission disapproves the proposed an-
nexation, further proceedings to annex the territory to,the
local agency shall terminate. If the.commission approves the
proposed annexation with modifications,or conditions, further
proceedings for the annexation may be continued only in com-
pliance'with such modifications or conditions.
54767. If the commission. disapproves the annexation of
territory to a city, no notice of intention to annex the same
or substantially the same territory to that city may be filed'
with the commission for at least one year, after the.date of
disapproval.
If the•commission disapproves the,annexation of territory.
to a special" district, no notice of intention to annex the same
or substantially the same territory to that special district may
be filed with the commission "for at least one year.,after the
date of, disapproval.
54768. If the territory of a special district lies in more
than one county, the notice of intention to annex, .required
by Section 54761 shall be filed -with the commission of the
county,in which the territory to be annexed lies.
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54769. The commission may appoint an executive officer
who shall conduct and perform the day-to-day business of
the commission. If the commission does not appoint an execu-
tive officer, the county administrator, or, if there is none, the
county clerk, shall act as executive officer for the commission.
To the extent that the assistance rendered to the commis-
sion under Section 54770 is insufficient for its needs, the com-
mission may appoint and assign staff personnel necessary
for the performance of its duties and functions and the com-
mission may employ and contract for professional or consult-
ing services to carry out and effect the function specified in
this chapter.
The commission may also incur usual and necessary ex-
penses for the accomplishment of its functions.
54770. The county boundary commission shall render
advisory services to the local agency annexation commission
upon its request. The staff of each member of the county
boundary commission shall be available to the local agency
annexation commission to assist it in carrying out its functions
under this chapter.
54771. The board of supervisors shall furnish the commis-
sion with necessary quarters, equipment, and supplies, and the
usual and necessary operating expenses incurred by the com-
mission shall be a county charge.
SEC. 2. This act shall become operative only if Assembly
Bill No. 1662 is enacted at the 1963 Regular Session of the
Legislature and in such case at the same time as Assembly
Bill No. 1662 takes effect. If this bill and Assembly Bill No.
1662 are both enacted at the 1963 Regular Session of the Legis-
lature, no local agency annexation commission shall be formed
pursuant to Chapter 6.5 (commencing with Section 54750) of
Part 1, Division 2, Title 5 of the Government Code, but a local
agency formation commission shall be formed in each county
pursuant to Chapter 6.6 (commencing with Section 54775) of
said part. The local agency formation commission shall have
all of the powers vested in the commission by said Chapter 6.6
and, in addition, shall, in each county, notwithstanding Gov-
ernment Code Section 54751, have all of the powers vested by
said Chapter 6.5 in a local agency annexation commission and
Chapter 6.5 shall apply in each county in the State.
SEC. 3. This act shall not apply to proceedings to annex
territory to a local agency if the annexation petition has been
circulated or filed, or if a governing body has initiated pro-
ceedings to annex on its own motion, prior to the time when
the first members of the commission created by this act are
selected in the county or counties in which lies the annexing
local agency and the territory to be annexed.
0
HOTEL CLAREMONT
BERKELEY 5
Cities THORNWALL3-3083Lea ae of California
Member American Municipal Association "Western City"Official Publication 702 STATLER CENTER
LOS ANGELES 17
MADISON 4-4934
September 17, 1963
LOCAL AGENCY FORMATION COMMISSIONS
This is a joint bulletin of the County Supervisors Association of California and the
League of California Cities. It is intended to assist county and city officials in
interpreting the 1963 legislation which creates a Local Agency Formation Commission in
every county to review proceedings for formation of new cities and special purpose
districts and annexations by either cities or special districts. We hope that it also
will be helpful to the first commission members who will be appointed on or after
September 20. The two measures (Chap. 1808 - formation; Chap. 1810 - annexation) are
essentially identical with respect to powers and duties but differ slightly as to
procedure. The differences and similarities will be noted in the following analysia.
Copies of the two acts are included as a part of this bulletin. Please note par-
ticularly Sec. 2, page 5 of Chap. 1810 which makes inoperative Secs. 54750-54758 of '-
Chap. 1810 relative to the annexation commission but which does not change the duty of
the city selection committee to appoint an alternate member to the formation com-
mission for the purpose stated in Sec. 54759•
LOCAL AGENCY FORMATION COMMISSION
Sc__ off. The law applies to all proposals to incorporate cities or to create special
districts. It applies to all proposals for the annexation of territory to a city or
special district. It does not apply to consolidation of two or more cities or special
districts; it does not apply to exclusion of territory from a city or special district;
and it does not apply to a change in county boundaries or a correction of city bound-
aries. If territory is excluded from one city or district and annexed to another city
or district, the annexation would be subject to commission consideration.
The law does not apply to special districts formed for the sole purpose of designating
an area which is to bear a special tax or assessment for an improvement benefiting that
area. It does not apply to special assessment districts formed under various special
assessment laws or similar procedural special assessment ordinances. It does apply
generally to special purpose districts having a governing body, providing a govern-
mental or proprietary service and operating within a certain jurisdictional. area.
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Creation. A local agency formation commission (hereinafter referred to as
cow ss ion") is created in each county. There is no separate annexation commission
and the formation commission exercises all of the powers and duties which would have
been performed by the annexation commission.
Composition. In all counties having two or more cities the commission will be com-
posed of two county officers, two city officers and one person selected by the other
four members. If there is no city within the county the commission consists of three
county officers and two selected by the other three to represent the general public.
If there is only one city within the county the commission consists of two county of-
ficers one city officer and two persons selected by the other three to represent.the
general public.
Alternate Member. The city selection committee must select one alternate member to
serve in the place of a regular city officer member when the commission is considering
annexation of territory by the city of such member. If there are only two or less
cities in the county no provision is made for the appointment of an alternate.
Selection. The county officer members of the commission are selected by the board of
supervisors. The County Supervisors Association recommends that members of the board
of supervisors themselves serve on the commission. however, the board may also select
as a county member any of the following: , county clerk, auditor; controller, assessor,
surveyor, engineer or registrar of voters.
The city officer members, except where there is only one city, are appointed by a.city
selection committee composed of the mayors of all cities wit hin the county. It is
our view that the mayor pro tempore may act for the mayor in .a. general law city and, '
if the charter so provides, as many charters' do, for the mayor of a charter city when
the mayor is unable to perform his duties. Generally the mayor pro tem has all the
powers axed duties of the mayor.
City officer members of the commission must be either mayors or councilmen.
In any county where there is only' one•city the legislative body of the city appoints
the city officer representative.
It may be that in a few charter cities where the charter expressly prohibits a city
officer, from holding any other office (federal, state or county) that a mayor or
councilman of :such city would not be eligible for appointment to the commission. If
such is the case this should be discussed with your city attorney.
City Selection Committee. The city selection committee must meet within 60 days after
the effective date of the new law (September 20, 1963) to make the first appointments.
Xis recommended that:the county clerk be asked to call the formal meeting of the city
selection committee on or after September 20 in the board chambers at.a specified time
and date so that an official record of the proceedings of the city selection com-
mittee can be kept by the .county clerk and the names of the members appointed filed
in the clerk's office. This procedure will not prevent committees of mayors, mayors
conferences etc. from. getting together before such, formal meeting in order to reach
agreement on the mayors or councilmen to be appointed. A majority of the city selec-
tion committee constitutes a quorum. It is recomtmended that no two city members be
selected from the same city but retJ3W that the two members and the one alternate be
chosen from different cities. This appears to be the intent of the law even though
this intent is not expressed. Thereafter the city selection committee meets on th..n
second lbndayy in May of each year when necessary to make succeeding appointments
to the commission.
Public Member. The public member (or members where there is no city or only one city)
will be selected by the other members of the commission after the commission members
have been appointed. Thus the first business of the four county and city members of
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the commission will be to appoint the member (or members) to represent the general
public. When all members of the first commission have been appointed the new law is
fully operative. It is not a commission until all of the first members have been
appointed.
Terms. The term of office of commission members is four years, except that the first
members shall so classify themselves by lot that the term of one member is one year,
of one member is two years, of two members is three years and of one member is four
years. Members serve until the appointment and qualification of their successors. Any
member, even though he serves for a term, may be removed by the appointing power.
Vacancies. A vacancy is filled only for the unexpired term. The appointing power
fills the vacancy. If there is a vacancy in a commission office filled by a city
officer, the city selection committee will meet and select his successor for the unex-
pired term. If other than on the first Monday in May the county clerk should be asked
to cal the meeting of mayors. While a county or city officer may serve both on the
commission and in the county or city office which made him eligible for appointment to
the commission, he ceases to be a member of the commission whenever he ceases to be a
county or city officer.
Compensation and Expenses. Commission members serve without compensation but are en-
titled to reimbursement for reasonable and necessary expenses incurred in attending
meetings and performing the duties of their office.
Chairman. The chairman of the commission shall be selected by the members. This
should be the first order of business for the commission.
Meetings. The commission will determine the time of its meetings and these should be
frequent enough to facilitate the public hearings required by the new law.
The board of supervisors must furnish a meeting place and. it is assumed that in most
cases this will be a regular meeting place. However, the commission can meet anywhere
within the county and there will be times when highly controversial proposals might
better be heard in the vicinity of the area involved in the controversy for the 'con-
venience of proponents and opponents of the proposal.
Rules for the conduct of its meetings and hearings should be adopted at one of the
first meetings of the commission. These rules can and should be substantially the
same as those used for the conduct of meetings of other boards or commissions. The
commission is authorized to make and'enfbrce such rules and regulations as will provide
for the orderly and fair conduct of its hearings.
The commission should include in its rules a provision that a majority vote of its mem-
bers (3) will be required to approve, disapprove or act upon any proposal. This will
prevent a minority (2) which may be a majority of a quorum (3) from taking action on
important annexation or incorporation proposals. '
Powers and Duties Generally. The commission has the power and duty: (1) to review
and approve or disapprove with or without amendment, wholly, partially or conditionally
proposals for the incorporation of cities, creation of special districts and the
annexation of territory to cities or special districts; and (2) to adopt standards
and procedures for the evaluation of proposals for such incorporation, creation or
annexation.
Evaluation of Incorporation or Annexation Proposals. The law expressly provides that
the commission in evaluating proposals for incorporation of cities; cresum of dis-
tricts or annexation of territory to either cities or districts shall consider at
least the following f actors:
(1) Population; population density; land area and land uses; per capita
assessed valuation; topography, natural boundaries, and drainage basins;.
proximity to other populated areas; the likelihood of significant growth
in the area, and in adjacent incorporated and unincorporated areas,
during the next 10 years.
(2) Need for organized community services; the present cost and adequacy
of governmental services and controls in the area; probable future
needs for such services and controls; probable effect of the proposed
formation and of alternative courses of action on the cost and adequacy
of services and controls in the area and adjacent areas.
(3) The effect of the proposed annexation, and of alternative actions, on
adjacent areas, on mutual social and economic interests and on the
local governmental structure of the county.
In order to facilitate the commission's review of such proposals a suggested question-
naire has been prepared by George W. Wakefield, Chief Assistant County Counsel of Los
Angeles County and it is recommended that commission rules require the filing of this
information by proponents of any incorporation or annexation proposal so that the com-
mission may properly evaluate the proposal. Attached is a copy of a form entitled
"Justification of Proposal For Review by Local Agency Formation Commission." It may
well be that some will feel that completion of the Justification of Proposal question-
naire will be too burdensome on proponents, however, a permanent change in governmental
,1 organization with its lasting effects on growth and development of the area would
appear to warrant an understanding of the information required to be filed. Appro-
priate modifications in the questionnaire can be made to fit local needs within each
county.
Mr. Wakefield also has prepared and made available appropriate forms to be used by
proponents and others in order to comply with the new law. These suggested forms also
are attached.
The intent of the new law is to provide for orderly growth and development of
California's urban areas. While the new requirements will cause some delays in exist-
ing procedures these delays can be kept to a minimum by providing the commission with
as much relevant information as possible. Cities are neutral in annexation proceedings
and the kinds of information generally given a city council.prior to council approval
of annexations also should be made available by the city to the commission prior to
the date of the commission's hearing on the proposal.
PROCEDURE. NOTICE. HEARINGS.
Annexation. A notice of intention to annex must be filed with the commission prior to
circulating or filing any petition to annex, prior to accepting any such petition for
filing and prior to initiation of annexation proceedings by a city council on its own
motion. A suggested form is attached.
Thereafter the proposal must be filed with the secretary of the boundary commission
for its usual report on definiteness and certainty and a copy of the boundary com-
mission report must be filed with the local agency formation commission. No further
action may be taken under the annexation laws until the commission has rendered its
decision.
The commission (after receiving the boundary commission report) must set the date,
time and place for a public hearing on the proposal. The hearing date cannot be more
than 60 days following receipt by the commission of the notice of intention.
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The commission, at least 15 days prior to the date of the hearing, must notify ..
(1) the governing body of each city and special district having jurisdiction within
the territory to be annexed, (2) each city within three miles of such territory,
(3) any interested party who has filed a written request for notice and (4) the
proponents, of the date, time and place of the hearing.
At the hearing the commission shall hear any interested parties who have made a written
request to be heard and the report of the commission staff. The hearing may be ad-
journed from time to time but not to exceed 30 days. At the conclusion of the hearing,
or within 30 days if taken under advisement, the commission shall render its decision.
Alternative Commission Annexation Decisions. If the commission approves the annexation,
proceedings continue under the applicable annexation law.
If the commission disapproves the proposed annexation, further proceedings terminate
and no notice of intention may be filed with respect to the same or substantially the
same territory to the same city or district for one year. Proceedings could be com-
mended with respect to annexing the same territory to another city or district.
If the commission approves the annexation with modifications or conditions, further
proceedings for annexation may be continued only in compliance with such modifications
or conditions. We are not prepared at this time to suggest what these modifications
or conditions may be and the effect thereof .on further proceedings under the governing
law. For example, may the commission modify the annexation by enlarging or decreasing
the area to be annexed? If enlarged, a new description would be necessary and a new
report from the boundary commission together with notice to interested -agencies or
parties not notified of the earlier hearing. Modifications or conditions which en-
large the territory will present more difficult procedural problems than those which
decrease the size of the proposed annexation. Another question which cannot be
answered with certainty is the right of the council or board of supervisors to decrease
the size of the proposed city or special district annexation (Gov. 'C. Secs. 351PI .5
and 35313.5) after the commission has approved on condition .that all of the described
territory be annexed. At this time we will only suggest the new law be given full
effect consistent with the law governing annexation procedures. We wish to emphasize
certain language of the new law as it applies to either annexation or incorporation:
"If the commission approves the proposed annexation (or formation) with modifications
or conditions, further proceedings for the annexation (or formation) maybe continued
only in compliance with such modifications or conditions." It is the intent of the
law that the commission have broad discretion with respect to such modifications or
conditions and this may limit discretion vested in others under existing law.
Incorporation of Cities and Creation of Special Districts. Formation of new cities
or special, districts is controlled by a slightly different procedure from that apply-
ing to annexation.
A notice of intention to incorporate a new city must be filed with the commission
prior to filing such notice with the board of supervisors. After the boundary com-
mission has reported on the proposal and the clerk of the board of supervisors has
ascertained that the petition has been signed by the requisite number of qualified
signers and correctly describes the boundaries, the clerk notified the commission
and no further proceedings may be taken to incorporate until the commission has
rendered its decision.
Proponents of the creation of a special district must first file a notice of inten-
tion, including a description of boundaries and type of district, with the commission.
After submission to the boundary commission, and within 10 days of the determination
of the sufficiency of the petition, the agency making the determination shall notify
the commission and thereafter no further action shall be taken to form the special
^ w
_ 6 _
district until the commission has rendered its decision.
The commission after receipt of notice of the sufficiency of the petition to form a
new city or special district must set the date, time and place for a public hearing
on the proposal which date must be within 60 days of receipt of such notice. At least
15 days prior to the date for hearing the commission must notify (1) cities or special
districts having jurisdiction within the proposed boundaries, (2) existing cities
.within three miles of the proposed city, (3) interested parties who have filed a
written request for notice and (4) the proponents. In addition, notice of the hearing
must be published once in a newspaper of general circulation in each city or special
district within the proposed boundaries at least 15 days prior to the hearing.
The hearing may be held at the county seat or in a city or other place in the county
designated by the commission.
The commission shall hear any interested parties who have made a written request to be .
heard and the report of the commission. staff.
The hearing may be adjourned from time to time not to exceed 60 days and within 30 days
of the conclusion of the hearing the commission must render its decision.
Alternative Commission Formation Decisions. Here again the alternatives include ap-
proval, disapproval or approval with modifications or conditions and the language
used is the same as that described above under annexation decisions. If the commission
disapproves formation, no new notice of intention to incorporate a city comprised of
the same or substantially the same territory or the same type of special district under
the same law which is composed of the same or substantially the same territory may be
filed with the commission for one year from the date of disapproval.
Administration. The board of supervisors must furnish the commission with necessary
quarters, equipment and supplies. Operating expenses are a proper county charge. The
commission may appoint an executive officer or use the county administrator or, if
there is none, the county clerk, as executive officer. The boundary commission must
render advisory services to the commission and the staff of each member of the boundary
commission is available to the commission to assist it in carrying out its powers and
duties. While other staff or consultants may be employed, the clear intent of the law
and of its proponents is that existing county facilities and employees be utilized so
that no new bureaucracy will be created. Consultants are not necessary. There is no
consultant who knows any more about this new law or its administration than do county
or city officials who have taken the time to read. it. If existing personnel cannot .
provide assistance required to process all proposals within a reasonable time and
within the time prescribed in the law, the commission should consult with the board
of supervisors to determine whether additional, personnel need be employed by an
existing agency of county government or by the commission. The commission should be
in every respect a joint city-county venture and partnership arrangement operated
with the understanding and support of the county and cities and dominated by neither
the county nor the cities.
i Effective and Operative Dates of New Law. The new law takes effect September 20,
l 3. It does not become fully operative within a county until all the first com-
missioners have been appointed. The act does not apply to formation or annexation
proceedings initiated prior to the time all the first members of the commission are
selected. Annexation proceedings are initiated if the petition has been circulated
or filed or the governing body has initiated proceedings to annex on its own motion.
Formation proceedings are initiated by the fi2J=g of a notice of intention to
circulate a petition seeking incorporation of a new city.
♦ k^
_ 7 _
MISCELLANEOUS.
December Meetings of Commissioners. Administration of any new law is difficult at
best and this one will be no exception. We anticipate that there will be many ques-
tions not answered by this bulletin or .by the new or existing law. To make the
administration as uniform and easy as possible .and to avoid any lengthy transition
period, two conferences are to be scheduled in the North (December 12) and in the
South (December 13) for the purpose of reviewing the law and its administration,
answering questions and providing any new aids which may be developed between the
effective date of the new law and the December meetings. Notice of the time and place
of the meetings will be sent to all new commissioners at least 30 days prior to
December 12 and as soon as an agenda has .been.developed.
We wish to express our appreciation to the following county and city officials who
met for a full day in Sacramento on August 28 to review the Local Agency Formation
Commission Law: Paul J. Anderson, Supervisor, Riverside County; Robert G. Beverly,
Councilman, City of Manhattan Beach; C. W. Bradbury, Supervisor, Santa Barbara County;
T. W. Fletcher, City Manager, City of San Diego; Dudley Lapham, City Administrator,
City of Garden Grove; Ed Levin, Supervisor, .Santa Clara County; Sherrill Luke,
Assistant Executive Secretary and Coordinator of Urban Affairs, Governor's Office;
Gordon Nesvig, Clerk, Board of Supervisors, Los Angeles County; Jack D. Maltester,
Mayor, City of San Leandeo; Wesley McClure, City Manager, City of San•Leandro; James
McKinney, Mayor, City of Sacramento.; Arthur L. Selland, Mayor, City of Fresno;
E. R. Stallings, County Manager, San Mateo County; and George W. Wakefield, Chief �
Assistant County Counsel, -Los Angeles County. I
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We are particularly indebted to hIessrs. Wakefield and Nesvig for preparing the_en-
closed justification questionnaire and forms.
William R. MacDougall Richard Carpenter
General Counsel and Manager Executive Director
County Supervisors Association and General. Counsel j
League of California Cities
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INVOICE
Y
DUANE W.WHEELER COMPANY
Election Supplies
1160 SO. FIGUEROA STREET
® LOS ANGELES 15, CALIFORNIA
AREA CODE: 213
749-3186
LITHOGRAPHERS-PRINTERS
OFFICE SUPPLIES 40S=001
5-7-64
Ci SieSeach®f Ungton YOUR ORDER NO. Paul co, gores
. P.O.¢¢�� e190 Beach* + { OUR ORDER NO.mmt �.�.•
a.
SHIPPING MEMO NO. 4002
F
TERMS: NET
2 A exa"on 80cft is -2.001 0A. 44600
Tax
04.16
la _57�o S� 2 5--13 —�j�
DUANF W.WHEELER AND COMPANY SHIPPING Mato
Election 6upplies
ITT® 4002
LITHOGRAPHERS-PRINTERS May 7e 1964
Date
To City of Huntingten Beaeh
Address P.O. Box 190,, Huntingtnn Beach. Calf fern;a
YOUR ORDER NO. QUANTITY DESCRIPTION
Paul Jones
ORDER NO.
An.B. 2' Annexation Booklets
Number Pkgs.
Received by
• J.
Justification of Proposal
for review by
Local Agency Formation Commission
Chapters 6.5 and 6. 6 of Part 1 , Division 2, Title 5 of the
Government Code charge the Local Agency Formation Commission with
responsibility for the review and evaluation of proposals for the
formation of , or annexation to, local agencies. As provided in
the sections of the code referred to above, the factors to be con-
sidered by the Commission in reviewing such proposals shall include
but not be limited to:
(1) Population; population density; land area and land
uses; per capita assessed valuation; topography ,
natural boundaries, and drainage basins; proximity
to other populated areas; the likelihood of signif-
icant growth in the area, and in adjacent incorporated
and unincorporated areas , during the next 10 years.
(2) Need for organized community services; and present
cost and adequacy of governmental services and
controls in the area; probable future needs for
such services and controls; probable effect of the
proposed formation and of alternative courses of i
action on the cost and adequacy of services and
controls in the area and adjacent areas.
(3) The effect of the proposal , and of alternative
actions , on adjacent areas , on mutual social and
economic interests and on the local governmental
structure of the county.
f
In order to facilitate .the Commission's review of your
proposal it will be necessary for you to complete the following
questionnaire and file the same together with the appropriate
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notice of intention relating to -your proposal. All questions
must be answered; if the question is not applicable to the type
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of action you propose you may so state. Pursuant to the rules
of the Commission, no notice of intention will be accepted for
filing unless accompanied by this completed questionnaire.
Proposal Questionnaire
(Answer each question completely. Use additional pages
as required. )
A. General
1. Type and designation of proposal:
2. Statutory provisions governing proceedings.
B., Physical Features
1. Land area: square miles ; acres
2. State general description of topography:
3.'\ Describe "natural" boundaries: (Rivers , mountains ,
freeways , etc. )
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4. Describe drainage basins , rivers , flood control channels ,
etc.
5. Describe major highway access to the area:
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C. Population and related matters .
1. Population in subject area:
2. Population density (i.e. per square miles, per acre. ) :
3. Number of registered voters :
Number of dwelling units :
5. Proximity to other populated areas :
6. Likelihood of significant increase in population in
next 10 years :
7. Likelihood of significant increase in adjacent areas in
next 10 years :
a. In unincorporated areas :
b. In incorporated areas :
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D. Economic factors
1. Zoning and related matters :
a. . Describe the existing land use in the area -t,rhich
is the subject of this proposal.
b. Detail existing zoning
c. Describe proposed new zoning or changes in zoning, if any:
2. Assessed value in area:
a. land:
b. improvements :
c, amount of publicly owned land in area:
3. Amount of Sales tax collected in area
E. . Governmental Services in area: (Describe in such detail as
is appropriate to the area the existing governmental services
and controls in the area including, for example, police
protection, fire protection, health services, garbage and
trash collection, libraries, parks and playgrounds, sewers, streets,
street lighting, etc..'.)
F. Need for additional governmental services or controls :
1. Describe those governmental services or controls which
should be provided which are now not provided or which
should be provided in increased amount in the area.
2. Estimate probable future need for new or increased
-4-
• governmental services or controls in the area.
3. Describe how your proposal meets the need which you have
described in paragraphs F , band 2 above.
4. What alternative courses of action exist for meeting the
need described above? Describe and evaluate:
G. . What revenue will your proposal require for the accomplishment
of its goals and what are the prospective sources of such
revenue?
H. Estimate to the best of your ability the effect of the proposal
on
1. Cost of governmental services and controls.
2. Adequacy of governmental services and controls.
3. Mutual social and economic interests.
4. Local governmental structure of the County.
I. Any other comment which you wish to make:
-5-
August 29, 1963
DRAFT
Local Agency Formation Commission
Room 383 Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Gentlemen:
The undersigned, for and on behalf of the proponents of the subject
incorporation, hereby gives notice of intention to circulate a
petition seeking the incorporation of a new city to be known as the
City of
. A map and legal description of the specific boundaries of the territory
proposed to be incorporated are attached hereto and made a part hereof
by this reference.
My address and telephone number for the purpose of receiving notices,
process and other communications regarding said incorporation are:
Signed
August 29, 1963
D R A F' T
Local Agency Formation Commission
Room 383 Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Gentlemen:
The. undersigned, for and on behalf of the proponents of the subject
formation, hereby give notice of intention to form a special district ,
more specifically described as follows:
Type of District:
To be formed under the following Code Section:
A map and legal description of the specific boundaries of the territory
proposed to be formed as such district are attached hereto and made
part hereof by this reference.
My address and telephone number for the purpose of receiving notices,
process and other communications regarding the formation of such
district are:
Signed
August 29, 1963
D R A F T
Local Agency Formation Commission
Room 383 Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Gentlemen:
Notice is hereby given that pursuant to Section 34306 of the
Government Code, the Clerk of the Board of Supervisors reported to
the Board on that, the petition for the
incorporation of the City of is signed by
the requisite number, of qualified signers and correctly describes the
boundaries of the proposed city.
Very truly yours,
Clerk of the Board
August 29, 1963
D R A F T '
Local Agency Formation Commission
Room 383 Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Gentlemen:
Notice is hereby given that on the
(insert name of appropriate officer or
body) determined and found that the petition theretofore filed with
(it) (him) for the formation of
(name or description of district.) is sufficient under the provisions
of (insert appropriate statutory
section).
Very truly yours,
Clerk of body or
appropriate. officer
August 29, 1963
D R A F T
Local Agency Formation Commission
Room 383 Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Gentlemen:
Notice is hereby given that on the
(insert name of agency having power to make determinatation) adopted
an(order j fixing and determining the boundaries of the proposed
(resolution
(insert name of district ). The boundaries
so fixed and determined are shown on the attached map and legal
description.
Very truly yours,
Officer, Body or Agency
making determination.
August 30, 1963
D R A F T
Local Agency Formation Commission
Room 383 Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Gentlemen:
Notice is hereby given of intention to annex territory to the
following local agency:
Annexing city or district :
Statutory provisions under which annexation is proposed: ,
A map and legal description of the specific boundaries of the territory
proposed to be annexed are attached hereto and made a part hereof by
this reference.
Notice, process and other conumznications regarding said annexation
may be directed to the proponents at :
Signed
IN
City of Huntington Beach
of AW
California
CE•C�N�f c��E
OMay 4, 1964
Duane W. Wheeler and Company
Division of Aldine Printing Company
1160 S. Figuroa Street
T,os Angeles, California 90015
Gentlemen:
'We received your revised pamphlet this morning
"Annexation of Territory to Cities" and appreciate
getting this information.
Would it be possible for you to send us two additional
copies, one to be retained in the Deputy City Clerk®s
office and the other one for the City Attorney. We
have found the 1960 edition of this pamphlet to be of
immense value, and have used it over and over.
Your consideration in this matter will be deeply
appreciated.
Sincerely yours ,
Paul C. Jones
City Clerk
PCJ:tr
PETITION FOR SUNSET HEIGHTS .#3 ANNEXATION
TO THE HONORABLE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
Pursuant to the provisions of the "Annexation Act of
1913, " and amendments thereto , the undersigned, being not less
than one-fourth in number of the qualified electors residing in
the following described territory, as shown by the resignation of
voters of Orange County, hereby petition your Honorable Body and
ask that said territory hereinafter described, be annexed to the
City of Huntington Beach.
Your petitioners request that the question to be sub-
mitted to the electors residing in the territory proposed to be
annexed shall be, whether such territory shall be annexed to the
City of Huntington Beach, and the property in the territory sub-
ject to taxation after annexation equally with property within
the City of Huntington Beach to pay the bonded indebtedness of
the City of Huntington Beach outstanding or authorized at the
date of the first publication of the notice of election for the
acquisition, construction, or. completion of municipal improve-
ments.
The territory herein referred to is described as
follows :
"Those portions of Sections 21 and 28, Township 5 South, Range 11
West in the Rancho La Balsa Chica, County of Orange, State of
California as per map recorded in Book 51 page 13 of Miscellane-
ous Maps , in the office of the County Recorder of said County,
together with that portion of Tract No. 86 as per map recorded in
'Book 10 page 35 of said Miscellaneous Maps , described as a whole
as followsg
Beginning at an angle point in the present boundary of the City
of Huntington Beach, said angle point being the most southerly
southeast corner of "BOLSA CHICA ANNEXATION" to the City of Hunt-,
ington Beach, Ordinance No. 944, certified January 18, 1963, said
angle point also being the intersection of the centerline of Bolsa
Cn
Chica Street with the North line of Los Patos Avenue, 60.00 feet
wide, as vacated by the Board of Supervisors of said Orange County,
a certified copy of which was recorded July 15, 1943 in Book 1197
page 424 of Official Records ; thence following the present bound-
ary of the City of Huntington Beach and the boundary of said
11BOLSA CHICA ANNEXATION" , the following courses , 1) North 0®
44 ' 30" "vest 1326.40 feet to an angle point 2) North 89* 371 30H
East 295.00 feet to an angle point 3) North 00 40 ' 00" West 300.38
feet to an angle point 4) North 891 37 ' 30" East 100.00 feet to
an angle point 5) North 0* 401 00" West 330.00 feet to an angle
point 6) South 89* 371 30" West 64.00 feet to an angle point and
7) North 0® 401 00" West 132.58 feet to an angle point , said angle
point being the southwest corner of "SUNSET HEIGHTS NO. I" Annex-
ation to the City of Huntington Beach, Ordinance No. 949, certi-
fied February 25, 19639 thence continuing along the present bound-
ary of the City of Hunting-ton Beach and along the boundary of said
"SUNSET HEIGHTS NO. I" Annexation, North 89P 351 3011 East 331.69
feet to an angle point ; thence continuing along the present bound-
2.
ary of the City of Huntington Beach and along the boundary of
said "SUNSET HEIG14TS NO. 1" Annexation, North 0* 411 35" West
528 .00 feet , more or less , to the Northeast corner of said "SUNSET
HEIGHTS NO. I" Annexation, thence continuing along the present
boundary of the City of Huntington Beach and along the boundary
of "West Annexation No. 2" , Ordinance No. 748, certified April 16,
1960, North 0* 411 35" West 1300.23 feet to an angle point , said
angle point being the northeast corner of said "West Annexation
No. 2" , said angle point being North 891 351 30" East 662.75 feet
and South 01 411 35" East 20.00 feet from the West quarter corner
of said Section 21 as established by said "WEST ANNEXATION NO. 2" J
thence continuing along the present boundary of the City of Hunt-
ington Beach and along the boundary of "NORTH ANNEXATION" , Ordin-
ance No. 667, certified August 2, 1957 , North 891 351 30" East
331 . 37 feet to an angle point , said angle point being the north-
west corner of "JAY ANNEXATION" to the City of Huntington Beach,
Ordinance No. 905 , certified June 21 , 1962, thence continuing
along the present boundary of the City of Huntington Beach and
along the boundary of said "JAY ANNEXATION" the following courses .-
1 ) South 00 421 25" East 640.48 feet to an angle point 2) North
89* 361 00" East 331.53 feet to an angle point and 3) North 00
43 ' 15" West 640.54 feet to the northeast corner of said "JAY
ANNEXATION" , said corner being on the boundary of said "NORTH ANNEX-
ATION" ; thence continuing along the present boundary of the City of
Huntington Beach and along the boundary of said "NORTH ANNEXATION" ,
North 89® 361 00" East 662.78 feet to the northwest corner of "SUN-
SET HEIGHTS ANNEX.,liTION NO. 2" to the City of Huntington Beach, Ord-
inance No. 983, certified on July 25, 1963; thence continuing along
the present boundary of the City of Huntington Beach and along the
boundary of said "SUNSET HEIGHTS ANNEXATION NO. 2" , South 0® 491
3.
00" East 940fl64 feet to the southwest corner of said "SUNSET
HEIGHTS ANNEXATION NO. 2" ; thence continuing along the present
boundary of the City of Huntington Beach and along the boundary
of said "SUNSET HEIGHTS ANNEXATION NO. 2" , North 89* 40 ' 44"
East 642.10 feet to the southeast corner of said "SUNSET HEIGHTS
ANNEXATION NO. 2" , said corner being a point on the boundary of
said "NORTH ANNEXATION" ; thence continuing along the present
boundary of the City of Huntington Beach and along the boundary
of said "NORTH ANNEXATION" , South 0* 461 30" East 1018.52 feet
to an angle point , said angle point being the northeast corner
of "SCHONLE ANNEXATION" to the City of Huntington Beach, Ordin-
ance No. 926 , certified October 8, 1962 ; thence continuing along
the present boundary of the City of Huntington Beach and along
the boundary of said 11SCHONLE ANNEXATION" the following courses .
1) South 89* 371 00" West 975.52 feet to an angle point 2) South
0* 44 ' 00" East 660.59 feet to an angle point , said angle point
being on the South line of said Section 21 , and 3) North 89* 37 '
30" East 976.00 feet to the southeast corner of said "SCHONLE
ANNEXATION" , said corner being on a line that is parallel with
and West 20.00 feet from the North-South centerline of said
Section 21 , said corner also being an angle point in the boundary
of said "NORTH ANNEXATION" ; thence continuing along the present
boundary of the City of Huntington Beach and along the boundary
of said "NORTH ANNE'XIITION" , South 0' 46 ' 30" East 30.00 feet to
an angle point in said "NORTH ANNEX.,,ITION" ; thence continuing
along the present boundary of the City of Huntington Beach and
along the boundary of said "NORTH ,INNEXATION" , North 891 37 '
30" East 20.00 feet to an angle point in said "NORTH ANNEXATION" ,
said angle point being on the North-South centerline of said
Section 28; thence continuing along the present boundary of the
4.
City of. Huntington. Beach and along the boundary of said "NORTH
ANNEXATION" , South 0° 461 30tP East 1290.00 feet , more or .less ,
to the easterly prolongation .of the centerline of said Los Patos
Avenue; thence leaving the present boundary of the City of Hunt•= -
ington Beach; South -89° 39 ' 11" West 2670.16 feet along said pro
longation to said centerline of Bolsa. Claica Streets thence along
last- said centerline North 0° ` 44 ° 30" West 30o00 ..t6 the point of
beginning.
Containing an area of 179.66 acres, more or less. "
There is attached hereto a copy of the "Notice of In-
tention to Circulate Petition Relating to Annexation of Certain
Territory to the City of Huntington Beach Under the Annexation
Act of 1.913" as required. by law, marked .Exhibit 'A '- which is
made a' part hereof the same -as though incorporated herein.
Statement of Reasons for Proposed Petition.
If said territory -descr°ibe'd in the notice of intention
to circulate petition, which notice this statement accompanies ,
becomes annexed to the City of Huntington Beach, the inhabitants
of the territory proposed to be annexed will be afforded,-
la Better assurance of an adequate water supply. .
20 Better sewage facilities .
3. Better° Police and Fire Protectiono
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PLACE OF RESIDENCE �.
NAME OF SIGNER GIVING STREET & NUMBER PRECINCT DATE
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- _` Administrative Office
K1 2-3583
COUNTY SANITATION, DISTRICTS Treatment Plant Offices
KI 5-7147
of ORANGE COUNTY, R�AALPWNI�M PM C'
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ROOM 239, 1 104 W. 8TH CSTRE a �``S'A`N;TL A , CALIFORNIA
<<. E
R October 10, 1963
CITY OF K
HIUNTiNGTON BEACH
City Council
City of Huntington Beach
P. 0. Box- .190.
Huntington ,Beach, California
Subject: Policy of County Sanitation District No. 11 with
regard to future annexations to the District
At an adjourned regular meeting of the Board of Directors of
County Sanitation District N.o.. 11 on September 17, 1963 , the
following policy was established with regard to areas seeking
to annex to the District, as follows :
ANNEXATION POLICY
1. Receipt by the District of back taxesi and
all costs including determination of said
;back taxes.
2. Dissolution of any public agency primarily
for provision of sewerage, prior to annexa-
tion to District No. 11.
3. Said annexation policy shall apply to any
annexation applications filed with the
Orange County Boundary Commission subsequent
to October 1, 1963.
In accordance with the Board' s instructions, we are enclosing
herewith two certified copies of Resolution . No. 63-138-11
which formally establishes said annexation policy
Fred A. Harper, Secret ry-, _
Board of Directors of County
Sanitation District No. 11
�jb :mg
Encls . 2
RESOLUTION NO. 63-138-11
RESOLUTION OP COUNTY SANITATION DISTRICT NO. 11
ESTABLISHING A POLICY CONCERNING FUTURE ANNEXA-
TIONS OP TERRITORY TO THE DISTRICT
WHEREAS, it is in the public interest to establish certain
requirements for territory seeking annexation to. this District ;
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That the proponents of any application for annex-
ation of territory to the District filed with the Boundary Commission
of the County of Orange on or after October 1, 1963 shall, as a con-
dition to securing the approval of the directors of the District to
such annexation, comply with the following requirements :
(a) Pay or make secure arrangements to pay to the District
a sum of money equal to all taxes the territory proposed j
to be annexed would have paid to the District had said
territory been a part of the District from the time of
the formation of said District, together with a sum of
money equal to all costs incurred by the District, in-
cluding determination of what the aforesaid back taxes
would be.
(b) Dissolve and terminate any public agency in the
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territory proposed to be annexed iihich exists for the
primary purpose of providing sewage and refuse collec-
tion and/or treatment for the territory proposed to
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be annexed.
(c) When additional District sewerage .facilities will be
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directly required to serve the territory to be annexed,
pay an additional sum to the District equal to the costs
of providing such additional sewerage facilities .
PASSED AND ADOPTED at an adjourned regular meeting on
September 17, 1963, held in the Council Chambers of the City Hall
in the City of Huntington Beach, California.
X,
STATE OF CALIFORNIA)
ss
COUNTY OF ORANGE )
t, FRED A. HARPER, Secretary of the`' Board of Directors of
County Sanitation District No. ,- , of Orange County, California, do
hereby certify that the above and foregoing Resolution No. �1 - .!1.
was regularly passed and adopted at an adjourned regular meeting of
said Board on the 17th, day of 50 �t . , 1963, by the following
vote, to wit:
AYES : 3tevart .at
NOES: load
ABSENT: S'Xvat*r atho-V :
.-IN WITNESS WHEREOF, I have hereunto set my hand -and affixed
the official seal of County Sanitation District No. 1! of Orange.. .'
County, California, this 1701, day of SO, t4V*0 ;k 1963_-
zz
Fred A. Harper, Secretary W the
Board of Directors of Co, pty
Sanitation District No. of
Orange County, California
RESOLUTION N0. 63-138-11
RESOLUTION OF COUNTY SANITATION DISTRICT NO. 11 ,
' ESTABLISHING A POLICY CONCERNING FUTURE ANNEXA-
TIONS OF TERRITORY TO THE DISTRICT
WHEREAS, it is in the public interest to establish certain
requirements for territory seeking annexation to this District ;
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That the proponents of any application for annex-
ation of territory to the District filed with the Boundary Commission
of the County of Orange on or after October 1, 1963 shall, as a con-
dition to securing the approval of the directors of the District to
such annexation, comply with the following requirements :
(a) Pay or make secure arrangements to pay to the District
a sum of money equal to all taxes the territory proposed
to be annexed would have paid to the District had said
territory been a part of the District from the time of
the formation of said District, together with a sum of
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. money equal to all costs incurred by the District, in-
cluding determination of what the aforesaid back taxes
would be.
(b) Dissolve and terminate any public agency in the
territory proposed to be annexed which exists for the I
primary purpose of providing sewage and refuse collec-
tion and/or treatment for the territory proposed to
be annexed.
(c) When additional District sewerage facilities will be
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directly required to serve the territory to be annexed,
pay an additional sum to the District equal to the costs
of providing such additional sewerage facilities.
PASSED AND ADOPTED at an adjourned regular meeting on
September 17, 1963, held in the Council Chambers of the City Hall
in the City of Huntington Beach, ' California.
r
STATE OF CALIFORNIA)
} ss
COUNTY OF ORANGE )
I, FRED A. HARPER, Secretary of the Board of Directors of
County Sanitation District No. 11 of Orange County, California, do
hereby certify that the above and foregoing Resolution No. 613-1 -11
was regularly passed and adopted at an adjourned regular meeting of
said Board on the day of September, 1963, by the following
vote, to wit:
AYES : D1.r; .€to11,u Zltowart aiad 14obert
NOES : onz o
ABSENT: Directo, F t'h"Orl*y
..IN WITNESS WHEREOF, I have -hereunto set my hand .and affixed
the official seal of County Sanitation District No. 11, of Orange.
County, California, this ; day of ' tern �: 1963-
F d A. Harper, Secretary W the '
Board of Directors of County
Sanitation District No. 1 . of
Orange County, California
RESOLUTION OF THE BOARID OF SUPERVISORS OF
ORANCL CXTIN, CALIFORNLA
104-'tjnb�.-,-sr J, '1*963
2 On mation of SaperAsor Igakur, duiy seconded and carried,
3 the following Resolution was adopt"ed -
BE
4 T 1116T RESOUTMD that it is the intenLton of this Board to
5 *nnax t;:�t Count? Sanitatioz District No, 11 the territory bereInafter
6 desarlbed, which saij tarritory is contigucxis to County Saoitation
7 Diatrie'-,t No. 13. of the 'C'oanty of Orange, and not included in any
8 other Sanitation 11,istrict, or other dip,.triat formed for 91milar
9 pur poser; tabat the boundaria7, of 06 te.-Srt tor y inLendod to be 'Annexed
10 are deauribed as follows-7
11
12
13
14
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or 15
0:)M
bro 0
UU0
16
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iz�u
I&Oz z<
M- 17
00
u
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Rekiolutifm No. 63-1434
PROPOSED ANNEXATION TO COUNTY SANITATION DISTRICT NO. 11
ANNEXATION NO. 7
Parcel "A"
Commencing at an angle point in the boundary of County
Sanitation District No. 11 , said angle point being also the point of
Intersection of the South line of Gerhart (Heil) Avenue,:"said Street
Right-of-Way now being 40 feet in width, and the West line, of Bolsa
Chica Road, said Street Right-of-Way now being 60 feet in width;
thence leaving said boundary South on the West line of Bolsa Chica
Road a distance of 1321 feet, more or less , to the point of inter-
section of said West line of Bolsa Chica Road with the prolongation
of the South line of Block 1 , Tract No. 86, as shown on a map thereof
recorded in Book 10 , Pages 35, and 36, Miscellaneous Maps , Records of
Orange County, California; thence East on said South line a distance
of 693 feet, more or less , to the East line of said Block 1 ; thence
North on said East line and its Northerly prolongation a distance of
1321 feet, more or less , to a point in said District Boundary; thence
West a distance of 693 feet along said District Boundary, more or
less , to the point of beginning.
PROPOSED ANNEXATION TO COUNTY SANITATION DISTRICT NO. 11
ANNEXATION N0. 7
Parcel "B"
That portion of the Southwest one-quarter of' Section 21 ,
Township 5 South, Range 11 West, San Bernardino Base and Meridian,
Orange County, California, being more particularly described as follows:
Beginning at the Northwest corner of the Southwest one-quarter
of above mentioned Section 21 ; thence North 890 35' 30" East, along
the North line of said Southwest one-quarter of Section 21 , 662.75
feet to a point; thence South 00 41 ' 35" East 20.00 feet to a point in
the South right of way line of Heil (Gerhart) Avenue, 40 feet in width
as now laid out, said point also being an angle point in the existing
boundary line of the City of ' Huntington Beach, having been established
by North Annexation in Ordinance No. 667 of said City and having been
established by West Annexation No. 2 in Ordinance No. 748 of said
city; thence North 89° 35' 30" East, along the South right -of way line
of Heil Avenue following the existing boundary of City of Huntington
Beach, 331 .37 feet to the True Point of Beginning, said point also
being the Northwest corner of Lot 2, Block 2, of Tract 86 Coast
Boulevard Farms as shown on a map filed in Book 10, pages 35-36 of
Miscellaneous Maps, Records of Orange County, California; said point
also being a point in the existing boundary of County Sanitation
District No. 11 , thence continuing North 890 35' 30" East, along the
South right of way line of Heil Avenue, along the North line of above
mentioned Lot 2, and along the existing boundary of the County Sanitation
District No. 11, 331.37 feet to a point, said point being the Northeast
2.
corner of said Lot 2; thence, leaving said existing city and district
t boundary, South OO 43 ' 15" East, along the East line of said Lot 2,
640. 54 feet to a point, said point being the Southeast corner of said
Lot 2; thence South 89°: 36, West, along the South line of said Lot 2
331. 53 feet to a point; said point being the Southwest corner of said
Lot 2; thence North 00 42 ' 25" West, along the West line of said Lot 2,
646.48 feet to a. point in said existing boundary and the True Point of
Beginning.
PROPOSED ANNEXATION TO COUNTY ,SANITATION DISTRICT NO. 11
ANNEXATION NO, 7 v { ,
Parcel "C"
All that certain land situated in the State of California, -County
of Orange, described as follows:
That portion of the Southeast quarter of the Southwest quarter ,
of 'Section 21 , Township 5 South, Range 11 West, in the Rancho La Bolsa
Chica, as shown on a map recorded in Book 51, Page 13 of Miscellaneous
Maps , Records of Orange County, California, described as follows:
Commencing at the South quarter corner of said Section 21; thence
South 890 37 ' 30" West 20.00 feet along the Southerly line of the
Southwest quarter of said Section 21 to the existing boundary line of
County Sanitation District No. 11 , said point being the true point of
beginning; thence North 0° 46' 30" West 660.74 feet along said existing
boundary line to the Northerly line of the South half of the Southeast
quarter of the Southwest quarter of said Section 21; thence leaving said
existing boundary South 890 37 '00" West 975. 52 feet to the Northwest
corner of the East half of the West half of the South half of the South-
east quarter of the Southwest quarter of said Section 21; thence South
0° 44,00" East 660 . 59 feet to the Southwest corner of the East half of.
the West half of the South half of the Southeast quarter of the South-
west quarter of said Section 21; thence North 890 37 ' 30" East 976.00
feet to the true point of beginning.
PROPOSED ANNEXATION TO COUNTY SANITATION DISTRICT NO. 11
ANNEXATION NO. 7
Parcel "D"
Beginning at a point in the existing boundary of County Sanitation
District No. 11 , s.a .1 -d. . p;.o, i nt being the South quarter corner of
Section 20 , Township 5 South, Range 11 West, said point also being the
the center line intersection of Algonquin Street and Warner Avenue;
thence North 00 43 ' 22", West 30.00 feet to the intersection of the
Westerly prolongation of,,-.the North right of way line of said Warner
Avenue and the center line' of Algonquin Street; thence leaving said
District boundary, North- 890 39 ' 54" East 375.03 feet more or less to
an intersection with the Northerly extension of the East line of Sandra
Lee Street as shown on a map of Tract No. 349, as recorded In Book 15.,
Page 17 , records of ,said Orange County; thence South 00 43 ' 26" East,
3 .
1385. 50 feet along the East line of Sandra Lee Street and its pro-
longation to a point in the Southerly line of the Easterly prolongation
of said Warner Avenue ( formerly Los Patos Avenue) ; thence South
890 51' 53" West, 3922. 63 feet, more or less; thence North 00 43 ' 2211 '
West, 30 .00 feet to an angle point in said District boundary; thence
North 890 51 ' . 53" East, 3567. 56 feet along said District boundary to . . .
an angle point therein; thence along said District boundary North
00 43 ' 22" West 1365. 20 feet more or less to the point of beginning.
PROPOSED .ANNEXATION TO COUNTY SANITATION DISTRICT ,NO. 11
ANNEXATION NO. 7
Parcel "E"
That portion of Tract No. 86, in the county of Orange, state of
California, as per map recorded in Book 10, Page 35, of Miscellaneous
Maps, in the office of the ,county recorder of said county, described
as follows:
Beginning at the intersection of the existing boundary of the
City of Huntington Beach as established by Ordinance No. 748 with a
line parallel with and East 30.00 feet from the centerline of Bolsa
Chico Street, said intersection being distant'.-along said existing
boundary North 890 36' 00" East 60.00 feet from an angle point in
said boundary; thence leaving said existing boundary South 06 40, 0011,
East 1170.33 feet along said parallel line to the easterly prolonga-
tion of the Northerly line of the land described in the lease between,
Edward M. Howell Company, lessor and Socony Mobile Oil Company,
lessee recorded May 23 , 1962, in Book 6118, page 910 of Official
Records; thence South 890 39' 30" West 215.00 feet along said -pro-
longation and northerly line to the northwest corner of said land;
thence South 00 40 , 00" East 200.33 feet along the westerly line of
said land and its southerly prolongation to a line parallel with and
south 30.00 feet from the centerline of Warner Avenue; thence South
890 39' 30" West 475.06 feet along last said parallel line to the
intersection of last said parallel line with the centerline of that
certain private Road along the westerly line of lot 1 in Block 20 of
said Tract (now known as Green Street) last said centerline also being
the westerly line of said lot 1 ; thence South 00 44' 30" East 1265.84
feet along last said centerline to a line parallel with and North
30.00 feet from the centerline of Los Patos Avenue as shown on said
map and vacated by resolution of the Board of Supervisors of said
Orar.g.- County, July 13 , 1943 , a certified copy of which was recorded
July 15, 1943 , in book 1197 page 424 of Official Records; thence
North 89° 42' 30" East 660. 15 feet along last said parallel line to
the cc-•rfterline of Bolsa Chico Street as shown on said map and as
vacated by resolution of the Board of Supervisors of said Orange
County, July 13 , 1943 , a certified copy of which was recorded July 15,
1943 , in book 1197 page 424 of Official Records; thence North 0044'30
West 1296.40 feet along said centerline to the southwest corner of
Section 21 , Township 5 South, Range 11 West; thence North 0c, 40 , 00"
West 30.00 feet; thence North 890 37 ' 30" East 30.00 feet to the
southwest corner of lot 3 in block 5 of said Tract; thence North
89' 37 ' 30" East 265.00 feet to the southeast corner of the land des-
cribed. in the deed to Ralph A, . Kerchner Jr, , et ux, recorded
4.
October 5, 1959, in book 4912 page 323 of Official Records; thence
North 00 40 ' 00" West 300 .38 feet along the East line of said land to
the South line of the land described in the deed to Delbert E. Schell,
et ux, recorded November 20 , 1946, as instrument No. 57101 of Official
Records; thence North 89' 37 ' 30" East 100.00 feet along last said
South line to the southeast corner of said land of Schell; thence
North 00 40, 00" West 330.00 feet along the East line of last said
land to the North line of lot 4 in said block 5; thence South
890 37 ' 30" West 64.00 feet along last said North line to the Southeast
corner of lot l in said block 5; thence North 00 40 , 00" West 680.38
feet along the East line of said lot 1 in block 5 to said existing
boundary of the City of Huntington Beach; thence along sal°d' existing
boundary South 890 361 00" West 301.69 feet to the point of beginning.
PROPOSED ANNEXATION TO COUNTY SANITATION DISTRICT NO. -11
ANNEXATION NO. 7
Parcel "F"
That portion of lot 2, Block 5, Tract No. 86, as per map
recorded in book 10, page 35, of Miscellaneous Maps, County of Orange,
State of California, described as::'f.ollows:
Beginning at the Southwest corner of Section 21 , Township 5,
South, Range 11 West, S.B.M. said Southwest corner also being the '
centerline intersection of Bolsa Chica Road and Warner Avenue; thence, -
N. 00 40 , 001° W. , 1340. 66 feet along the centerline of Bolsa Chica
Road to an intersection with the centerline of Pearce Street (a
private street) said intersection also being a point in the existing
boundary of the City of Huntington Beach as created by Ordinance
No. 748; thence, N. 890 36, 00" E. , 331. 69 feet to the true point of
beginning; thence continuing along said City boundary N. 890 36, 00" E. ,
331. 69 feet to an angle point in said boundary; thence leaving said
boundary and along the centerline of Roosevelt Street (a private
street) , S. 00 41 ' 35" E. , 528.0 feet, more or less; thence,
S. 890 37 ' 00" W. , 331. 69 feet; thence, N. 00 40 ' 00" W. , 528.0 feet,
more or less, to a point in said existing boundary and the true point
of beginning.
PROPOSED ANNEXATION TO COUNTY SANETATION DISTRICT NO. 11
ANNEXATION NO. 7
Parcel "G'°
Beginning at the intersection of the southerly side line of
Heil Avenue, 40 feet wide ( formerly Gerhart Avenue) with the westerly
side line of Bolsa Chica Street, ( 60 feet wide) in the' County of Orange,
State of California, as shown on map filed in Book 3 , Page 21, of Re-
cord of Surveys, in the office of the County Engineer of said County,
said intersection being a point in the boundary line of the City of
Huntington Beach, as established by "North Annexation" , certified by
the Secretary of State on August 2, 1957 , said point also being a
5.
point in the boundary of County Sanitation District No. 11 ; thence ,
leaving said existing boundaries , South 890 32' 10" West along said
southerly side line of Heil Avenue, 1920 . 12 feet to its intersection
with the southerly prolongation of the westerly line of Parcel No . 38
of said Record of Surveys , as shown on said map; thence North 0046' 50"
West along said prolongation and westerly line, and the westerly line
of Parcel No. 27 a distance of 270. 19 feet to the northwest corner
of said Parcel No. 27; thence South 890 32' 15" West along the south-
erly line of Parcel No. 23 a distance of 8M5 feet to the southwest
corner of said Parcel No. 23 ; thence, North 00 46' 50" West along
the westerly line of said Parcel No . 23 a distance of 130 .00 feet
to the northwest corner of said Parcel No. 23 ; thence North 890321151,
East along the northerly line of said Parcel No. 23 a distance of 87 .35 feet
to the northeast corner of said Parcel No. 23 , thence North 0046' 50"
West along the westerly line of Parcel No. 11 a distance of 130.00
feet to the northwest corner of said Parcel No. 11 ; thence South
890 32' 15" Westalong the southerly line of Parcel No. 6 a distance
of 20.00 feet to the southwest corner of said Parcel No. 6; thence
North 00 46' 50" West along the westerly line of said Parcel No. 6
and the northerly prolongation thereof 130 .00 feet to its intersection
with the boundary line of said City of Huntington Beach, as established
by "West Annexation" , certified by the Secretary of State on October 26,
1959, and the boundary of said District; thence North 890 32 ' 15"
East along said last mentioned existing boundaries 1940. 22 feet to its
intersection with -the westerly side line of said Bolsa Chica Street;
thence South 00 45' 45" East along said westerly side line and along
the boundary line of said City of Huntington Beach "North Annexation" ..
and said District boundary 680. 11 feet to the point of beginning.
PROPOSED ANNEXATION TO COUNTY SANITATION DISTRICT NO. 11
ANNEXATION NO. 7
Parcel "H"
Beginning at an angle point in the existing boundary of the City
of Huntington Beach, as established by Ordinance No. 667 adopted by
the City Council of said City of Huntington Beach July 1 , 1957 , and
certified by the Secretary of the State of California on August 2,
1957, said angle point also being in the existing boundary of County
Sanitation District No, 11, said angle point also being the inter-
section of the Westerly line of Graham Street , Forty Feet (40 ' ) wide,
as now laid out; with the line twenty feet ( 201 ), south of the center-
line of Heil Avenue, previously called Gerhart Avenue; thence,
S . 00 46 , 44" E. , following said existing boundary of the City of
Huntington Beach as established by said Ordinance No. 667 , and said
District Boundary 940.74 feet; thence leaving said existing City and
said District Boundary S. 890 40 , 44" W. , 642. 10 feet; thence
N. 00 49 ' 00" W. , 940.64 feet to the existing boundary of the City of
Huntington Beach as established by said Ordinance. No. 667, and said
District Boundary which is also 20 feet south of the centerline of
Heil Avenue, previously called Gerhart Avenue; thence N. 890 41 , 00" E. ,
following said existing City Boundary, said District Boundary which is
also twenty feet ( 201 ) south of the centerline of Heil Avenue, pre-
viously called Gerhart Avenue, 642.72 feet to the point of beginning.
6.
PROPOSED ANNEXATION TO COUNTY SANITATION DISTRICT NO. 11
{
ANNEXATION NO. 7 ' E s
a
Parcel
Beginning at an angle point in the present city boundary of
the City of Huntington Beach, County of Orange, State of California,
said boundary having been established by: "Huntington Harbor Corpora-
tion Annexation-Parcel No . 1 in Ordinance No 919 of said. city, said ="
angle point .being the intersection of the northeasterly line of the ht
right of way of Pacific Coast Highway .(U.S. Alternate .101) , • 100 feet
wide as per deed recorded in Book 410 , Page 165 of Officidl" F�ecords of
said .County and the common line between Rancho La Bolsa Chica, and
Rancho Los Alamitos , said angle point being in a curve concave to the
southwest and having a - radius of 1060 feet, a radial 'line to said
angle point bears South 250 53 ' 1'8" West, said angle point also being a
point in the existing boundary of County Sanitation District No. 11;
. ''thence leaving said City and District boundary northwesterly along
said curve and along the northeasterly line of said Coast Highway right ; •
-of way, through a central angle 'of 21, 45' 18"; an arc distance of
50 .97 feet to the end of '-said curve; thence tangent to said curve and
along said right of way line North 660 52' 00" West, 215.02 feet more _--'-,' , ',
or less to the beginning of a .tangent curve concave to the northeast , .
and having a radius of 950 .00' feet; thence northwesterly along said
curve .and..said right of way line through 'a central angle of 6002 ' 46"
an arc distance of 100.25 feet more or less to . the end of .said .curve,
_ a radial line to the end of said _curve bears North 2911 10 , 46" East;
thence departing from said .curve South 240 30 ' 00" East and along said
right `of way , 11 .70 feet more or less to the beginning of a curve
, concave to the northeast and having a radius of 957.00 feet, said
curve being concentric to last mentioned curve and being on said highway: -.,. -
right of way line a radial line to the beginning of said curve bears
North 28°. 40 ' 02" East; thence northwesterly along said curve and said
right of. way line through a central angle of 17° 51 ' 58" an arc dis-
..tance of 298.41 feet more or less to the end of said curve; thence
tangent to said curve and along said right of way line North 43028100"
West,, 100 .40 feet more or less to the most westerly corner of land
` . conveyed:-.to Nick •Katsaris per deed recorded in Book 5196, Page 425 of
Offic-1 Records of said County; thence along the northwesterly line of
said land North 460 32' 00" .East, 113.94 feet more or less to an angle ,
point in said property; thence continuing along said property South
530 00 ' 00" East, 101. 48 feet more or less to an angle point in said
property;_ thence continuing along said property North 460 52' 00" East,
208.25 feet more or less to an angle point in said property, said
point being also in the northerly boundary of Location No. 141 of
State' Tide' Lands , described in Patent issued April •4, 1901 , said point `
being also in 'the southwesterly boundary line of the City of Seal, Beach
.%-as per Annexation No. 7 by Ordinance No. 589 of said City; thence : =
South 440 15' 00"- -East along said City boundary and- the northerly
line of said Katsaris property and the northerly line of said Tide Lands
Location a distance of ?7. 58 feet to an angle point; thence continuing
South 730 459 00" Ea-st along said Seal Beach city boundary and along
said Tide Lands Location' Line and said Katsaris property a distance of
654.33. feet more or' 'less, to an angle point in the City of Seal Beach
.4., ,. boundary of said Annexation:No: 7, said angle point being also in the:
northwesterly lire of the City of Huntington T',ach boundary as per
Huntington Harbor Corporation, Parcel No. 1 , Ordinance No. 919 of
said city, said angle point being on the common line between Rancho La
Bolsa Chica and Ranchos Los Alamitos;said angle point also being a - ..
point in said District Boundary; thence South 490 281 00" West along
said City of Huntington Beach Boundary and the common line between
Rancho La Bolsa Chica and Rancho Los Alamitos and said District
Boundary a distance of 481.74 feet ' more or less -to the point of
beginning.
8 .
1
10
BE IT FUTUMM FESOLVEDAND OR that Wednesday the
2 13th day o November 1%3, at the hour 9a30
3 ofelock A.M. being jj i less th4n thirty 0 days after the
4 adaptiowl of this Rasolutiong in the Chambers of the d of Super-
5 T-1,30rg Ln the Court Howse in the City of Santa Ana, County of Oronge,
6 State of California, is herebyluixed as the, ti : when an the place
7 : : . 6bJections to the anvexation of said territory to Co=tySetn i a-
8 ion District Mo, 11 of the County of Orange : 1i be heArd.
9BE IT FURMER RESOLVED MD ORDEPXDije than County clerk a
10 en-officto Clerk of this Board be and he is heraby orderadto publish
11this Resolution at length in at least two (2) successive issues to the
12 Huntingmton Beach News o a newspaper of general eirculation
13 publishad w1ithinh C pity of Orange,, :said publicatiov to be COM, sated
14 not t ra thou thirty (30) days nor Uss thau ten (i days prior to
dzi 15
woo
the date hearing.
tu 4v Ed 16 AYES SUPERVISORS VI L. RO �i � .' ,. ALLEN
z` At C. o R
oa 17
u
18 is d - F. �" Wh
20 5MATE OF CAUMMMIA
a
21 COS. . . CW MANGS
22
T J �� � County Clerk and ex-officio Clerkthe
23 zoard of sulpeiviswrs of Oral e County* C ii ia, hereby `x i that
h abo An of nation Uzi and regularl adapted by
24 the said Board at aft rejular meeting thereof h6old on tits xth day O
October, 1963, and passed by a unanimousvote of avid Board weiibars
25 present.
14 141UNMESS WE :O$ I have hereunto set my handand sea! this
26 8th day of tkatober, 1963,
27 1m E a ST
County Clerk mod ex-oMalo Clerk of
28 the Board. of Supervisors of orajoge
County, CaUfarnia
29
30 r'
3 _
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