Annexation - Grant Ave Jeras Property, 0.963 Acres, Ord 73-50, 1

Home

P COUNTY COUNSEL INTERDEPARTMENTAL COMMUNICATION DATE: August 22, 1973 TO: Local Agency Formation Commission FROM: COUNTY COUNSEL DEPUTY, Kelvin H. Booty, Jr. 1(�A? SUBJECT: Grant Avenue Annex--Jeras Corporation Unit No. 91 to the City of San Leandro Reference is made to the inquiry from the Commission during its meeting of August 2, 1973, with reference to the above -named matter. The owner of the property also owns adjacent land now located within the City of San Leandro, and the proposed annexation would allow the oomer to be under the single jurisdiction of that City, which would be responsible for the provision of services. The precise question presented to this office involved a related action, which was the detachment of this area from the Hayward Area Recreation and Park District. The staff's recommendation to the Com- mission was that the annexation be approved, subject to the condition (among others) that the area be detached from the Hayward Area Recrea- tion and Park District, and County Service Areas L-2 and F-65-4. A representative of the Hayward Area Recreation and Park District appeared before the Commission, and asked whether or not there was a requirement that that District undertake the expense of detachment pro- ceedings. This office was asked to respond to that question at the Com- mission's next hearing, scheduled for September 6, 1973. The answer is that the District is required to undertake such pro- ceedings. Government Code §56274 provides in relevant part, that if a proposal is approved by the Commission, �'it shall be mandatory for the board of directors of the conducting district or the board of supervisors, as the case may be, to take proceedings for the change of organization" as required by the Government Code. The District is a conducting dis- trict (§56030 , and the Government Code further provides, in §56291, that "a district whose boundaries would be changed as a result of a proposed annexation, detachment, or minor boundary change shall be the conducting district and proceedings for any such annexation, detachment or minor boundary change shall be taken by the board of directors of such district. . . . (emphasis supplied)." Moreover, should the Board of Directors of the Hayward Area Recrea- tion and Park District refuse or fail so to act, then, pursuant to §56293, after 35 days have expired from the date of adoption of this Commission's resolution making determinations, the Commission may by resolution certify to the Board of Supervisors that such failure has occurred. Thereafter,