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HomeMy WebLinkAboutCC RESO 8807RESOLUTION NO. 8807 RESOLUTION APPROVING AND ENDORSING COMMUNICATION FROM DIRECTOR OF PLANNING TO THE CALIFORNIA ASSEMBLY INTERIM COMMITTEE ON MUNICIPAL AND COUNTY GOVERNMENT WHEREAS, the Director of Planning, upon the re- quest of the City Council, appeared before the California Assembly Interim Committee on Municipal and County Govern- ment on November 10, 1964, and. presented to said committee a paper which more fully sets forth the opinions and recom- mendations of the Director of Planning, and WHEREAS, a copy of the paper presented by the Director of Planning has been submitted to the City Council, and the City Council is in full accord with the statements, recommendations and observations more fully set forth therein, and WHEREAS, the City Council is desirous to make their position known to said committee; NOW, THEREFORE, be it resolved as follows: 1. That the City Council of the City of National City hereby approves and endorses the statements, recommen- dations and observations more fully set forth in that cer- tain communication from Hazel Stockman, Director of Planning, to Assemblyman John T. Knox of the California Assembly In- terim Committee, a copy of which is attached hereto and in- corporated by reference. 2. The City Clerk is hereby authorized and direc- ted to forward a copy of this resolution to: a. John T. Knox, Chairman of said Committee. b. The City Council of each of the cities in- cluded in the area covered by the San Diego Local Agency Com- mission. c. Board of Supervisors of San Diego County. 1 d. Each of the representatives of the State Assembly and Senate representing the arerkwhich is subject to the San Diego Local Agency Formation Commission. PASSED AND ADOPTED this 24th day of November, 1964. ATTEST: r72 % CITY CLERK IE CITY Office of the DIRECTOR OF PANNING TO: Assemblyman John T. Knox, Chairman Assembly interim Committee on Municipal and County Government FROM: Hazel Stockman, Director of Planning, • City of National City Recommendations and observations regarding amendments to Chapter'5.5. Part 1, Division 2 Title 5, of the California Government Code (Sections 54750 through 54751) Since the effective date of the local agency annexation the provisions of the Government Code creating commission, the City of National City has had. frequent contact with the San Diego Commission with respect to uninhabited annexations. 'On at least two occasions the local co-attission has placed con-; ditions upon their approval of the proposed annexations which raise questions as to the scope of the powers which have been Legislature to the Commission. It is recognized that Section Government Code grants the conunissioa rather broad powers and duties: .'exercise of thesepowers by the local commission in .several instances, however, raises a' -"serious question as to whether the:powers as specified in`.section 54750 should not be restricted and more specifically defined. There is some feeling within the Citythat the actual exercise o n specific instances regarding National City may be improper.::Or, if not ,improper in the'legal and constitutional -sense, it is urged that they are b yond the scope`ar=d intention of the legislature in enacting these sections. Several specific instances which have arisen in National City and whichwe go beyond a reasonable scope of exercise of power by the commission are as xcG.)1 i eax ot3 Page 2 .' TO:. Assemblymar.'John T. Knox, Chairman Assembly Interim Committee on Municipal and County,Government FROM: Hazel'.Stockmen, Director of Planning, City of National City Re: Recommendations and observations regarding amendments to Chapter 6:5 Part 1; Division 2 Title 5, of the California Government Code (Sections 54750 through 54751) follows: 1. There isliivarea south of National. City; .presently unincorporated which because of topography, development and many other factors,would logically be included within the City limits of National City. In 1963 an election pursuant to the inhabited annexation provisions of the Government Code was held within tie area, but.wasrot approved by the inhabitants. Subsequent to that time,, portions of the area, containing inhabitants wto were in favor of annexation, were annexed in uninhabited annexation proceedings: Such proceedings as were commenced prior to the effective date of the provisions of Chapter 6.5 resulted:: .in actual annexations to National City. ,However, subsequent to the effective date of Chapter 6.5 at least twelve petitions for uninhabited annexation were -submitted for approval and received the blessing.of the National City Council'• but- received only qualified approval by the San Diego Local Agency Formation Commission, .Attached is a copy of the notice submitted by the secretary of the local 'agency formation commission regarding the first few petitions. Para graph 1 indicates that the Commission approved the annexation of the separate uninhabited areas only on condition that the annexations be enlarged to include all of the property which was submitted to the electorate for annexation on July 30, 1963. by way of an "inhabited" annexation. • Thus, the San Diego commis- sion has effectively, disapproved *'iese separate uninhabited annexations. It has effectively stated that the only way the subject territory can be annexed is - Continued -_ 'XERO,` cop F_RO" npv Page 3 TO:. Assemblyman John T. Knox, Chairman Assembly Interim Committee on Municipal and County Government ' FROM: Hazel Stockman, Director of planning; City of National City RR: Recommendations and observations regarding amendments to Chapter.65 Part 1, Division 2 Title 5, of the California Government Code. (Sections 54750 through 54751) through an inhabited annexation and an election by all of the inhabitants in. the total area encompassed in the prior and unsuccesful attempt...J. The net result. is.to deprive.'the inhabitants in the area of the right to annex to the City by way'of uninhabited annexations.. This raises the following questions which we feel can be answered by'the Legis- lature by appropriate amendment: Is it proper fora commission to approve an uninhabited annexation and at • the same time•place upon it a condition which effectively' prohibits.an uninhab-;-- ited annexation, and requires an inhabited election. b. 'Should there be well defined limits placed on the powers of the Commission in disapproving a particular annexation. Taking into consideration allof the •factors to be considered as expressed in Section 54765, i, it proper for the Commission•to. deny "piece meal annexation" where the entire electorate in the - total area,e'rcor::passed has already determined that it does not want an inhab- ited annexation. 2. Also attached is a copy of a letter'dated July 30 regarding another current uninhabited annexation petition. Paragraph no. 2 of that letter indicates• the Commission has taken a -position requiring an.actual agreement between a fire protection district and National City as.a condition of approval to the annex- ation (note also paragraph 1, reiterating the reouirement-tiat-the area be en larged-to an inhabited annexation). Recognizing that prior fire protection - Continued.-' ''XF_RO n my *nh Page: 4 r:. x0: Assemblyman John T. Knox, Chairman .Assembly Interim Committee on Municipal and County Government'. FROM.: Hazel Stockman; Director of Planning, City .,f National. City fiecoacnendations and observations regarding amendments,to Chapter 6.5 Part 1, Division 2 Title 5, of the California Government Code (Sections 54750 through 54751) facilities are within the realm of the factors to,be considered (Goverment Code Section 54765) it is nevertheless questioned'.ahether the condition_in paragraph 2 of the July 30 letter is a valid exercise of power, where no showing• is made that detriment or excessive expanses will be occasioned by the -annexation, .or that any areas will be hurt in any way because of the annexation:‘,.The condi- tion thus -imposed by the commission places -an• affirmative burden on the annexing • city to in effect guarantee to territory not being annexed that it wi11 in the future have adequate fire protection. This not only appears'to be an unreasonable • burden on the annexing City but a definite detriment to the territory desiring .:o be -annexed if it results in the annexing City deciding. not to annexsuch terri tory because of this burden. One :further observation, independent of the above comments relates to the require- msnt of Government Code Section 54759-that.a member of the• Commission may not con'- sides matters relating to the annexation: of territory to the city which he rep- resents.' It is urged that this provision be expanded to disqualify a member -of • the Commission representing the County, when it involves territory within his District.. In San Diego, the members representing the County are members of the Board of Supervisors, and one of the iembers represents: he area which is in - valved in the situations described hereinabove. It is our feeling that a more objective and impartial decision could be rendered by the County member if it did involve territory within his disti"at. Respectfully sugmitted,' h1Z L'STOCKMAN,•Director of Planning City of National City.. X . v., XEROp 'HERO ^.OPY vt! OdE 7 it cF 1(M axuaRLA ..., [ VICE CHAIRMAN OAVIO W. PIRO EXECUTIVE OFFICER FOZZRT 4. ZMA43. Yi H.T'lli. [%T. 341 SECRETARY MFLEM K41[CKMSP aaa.TTII. EXT. Pal N°TICE iOfJ3X�i- � On-Febrwry.3;•1954, the Sar. Diego Local Agency Formation Commission deter- mined that the proposed annexations to the City of National City .listed below ware approved on condition that such annexations be enlarged to include all.'" of the.reitaining portion of the Lincoln Acres area es proposed for annexation.% to National City on July 30, 1963: CA63-6 Granger No. 2 Annexation CA63-1 Shelby Drive No. 2 Annexation ▪ CA63-7 Granger No, 3 Annexation ▪ CA63-8 Rae Place Annexation CA63-9 Shelby Drive No. 3 Annexation CA63-10 Shelby Drive No. 4 Annexation -.t CA63-11 Shelby Drive No. 5 Annexation: -CA63-16 C ynne Annexation CA63-17 Chaffee Annexation C463-19 Chaffee No. 3 Annexation CA63-20 Gwynne`No. 2 Annexation CA63-21 Chaffee No. 2 Annexation The Commission has directed the County Boundary Commission to prepare -and approve a legal description of all of this area, such legal description to exclude -those areas which have been annexed under the Annexation of Un- inhabited Territory Act of 1939 subsequent to the July 30, 1963-election. 7The Formation Commission, by its action of February.3; will also consider any. •proposal consented to or initiated by the City of National City -subsequent to jjj(jj July 30, 1964 which includes a sufficiently substantial portion 'of the Lincoln Acres area. that rot only can be served by the City but which will: also give due consideration to the retaining responsibility of the County of San Diego . and the Lower Sweetwater Fire Protection District. As soon as the revised•Legal description is prepared and approved by the Boundary Commission, it will be forwarded to the City of National City. February -14, 1964. Copies'to :attache d HE LEN KLECKNER, Secretary Local Agency Formation Cormission .• FE_RO', ' cnnv %ERC' ,•o I` ._ Adoc OH3XE o. CHAIRMAN ERVIINSKL'AR VICE CHAIRMAN OAVID W. 31RE. EXECUTIVE OFFICER ROUERT L. SMALL 220.7711. EXT. 341 SECRETARY MRs. HELEN KLECKNER 230.7711. EXT. 681 O6ow S N .Di DGO LOCAL AGENCY FORMATION COMM ROOM 306 CIVIC CENTER SA1 DIEGO, CALIFORNIA 92105 Mrs. Hazel Irene -Stockman Director of Planning City of National City. 1243 National Avenue $ef: CA64-29 - 30th Stree National City, California 92050 Annexation ,AcJo" mow....- �. MEMBERS DAVID W. BIRO COUNTY 2OARO OF SUPERVISORS ROIIERT.C. CO2CN5 . TlTTnT COUNTY ROAMS OF SUPERVISORS JJ..VViiSS'"' 'BRAY FELLOWS MAYOR, CITY OK LA MESA CHARLES C. HARTMAN July 30, 1964 £RWIN SKLAR • MAYOR, CITY OF OC£ANsIOC ALTERNATE MEMBER J. H. FOTHERINGHAM..MAYOR CITY OF VISTA. . Dear. Mrs. Stoc1 an: Enclosed' is a copy of the report of the County Boundary Commission, with corrected legal description and map of the territory covered by the above proposed annexation to the City of National City, which has been approved by the Local Agency Formation Commission, subject to the following con- ditions:' 1. That the territory be enlarged to include the area to the west bounded by the present boundaries of National City; and 2 That the Lower Sweetwater Fire Protection District and the City of National City reach an agreement for the provision of fire protection within the present service area of the District and the potential annexation area of the City. Very truly yours, C ✓' J HELEN Ia ECKNER, Secretary Local Agency Formation Commission.!; ` HRinhk Encl cc:Mrs.,Ione Minogue, City Clerk of National City, 1243 National'Avenue, National City, California 92050 Mr. Edwin L. Spencer, Chief, Lower Sweetwater Fire Protection` District, P. O.Box A, Lincoln Acres, California 92047 Board of Supervisors Il >STITT ROl ORGY a,