Citizens Against Forced Annexation v. Local Agency Formation Com.

• Court: United States State Supreme Court (California)
• Writing for the Court: BROUSSARD; BIRD; KAUS
• Citation: 32 Cal.3d 816,187 Cal.Rptr. 423,654 P.2d 193
• Parties: , 654 P.2d 193 CITIZENS AGAINST FORCED ANNEXATION et al., Plaintiffs and Respondents, v. LOCAL AGENCY FORMATION COMMISSION OF LOS ANGELES COUNTY et al., Defendants and Appellants. L.A. 31414.
• Decision Date: 02 December 1982

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187 Cal.Rptr. 423 32 Cal.3d 816, 654 P.2d 193 CITIZENS AGAINST FORCED ANNEXATION et al., Plaintiffs and Respondents,
v.
LOCAL AGENCY FORMATION COMMISSION OF LOS ANGELES COUNTY et al., Defendants and Appellants. L.A. 31414. Supreme Court of California,
In Bank. Dec. 2, 1982.

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[654 P.2d 194] [32 Cal.3d 818] John H. Larson, County Counsel, and Charles J. Moore, Deputy County Counsel, Los Angeles, for defendants and appellants.

Ira Reiner, City Atty., Gary R. Netzer, Asst. City Atty., and William L. Waterhouse, Deputy City Atty., Los Angeles, as amici curiae on behalf of defendants and appellants.

Brown, Winfield & Canzoneri, Thomas F. Winfield III and David J. Aleshire, Los Angeles, for plaintiffs and respondents.

Steven R. Meyers, City Atty., and Elizabeth H. Silver, Asst. City Atty., San Leandro, as amici curiae on behalf of plaintiffs and respondents.

BROUSSARD, Justice.

Pursuant to the Municipal Organization Act of 1977 (Gov.Code, § 35000 et seq.) (Act), defendant Local Agency Formation Commission of Los Angeles County (LAFCO) adopted a resolution in favor of a proposal to annex the unincorporated territory of Eastview to the City of Rancho Palos Verdes (City). Under Government Code, sections 35228 and 35231, ¹ LAFCO's resolution required the City to call a special election at which only the residents of Eastview could vote whether to approve or disapprove the annexation. The residents voted in favor of annexation.

Plaintiffs, residents of the City, maintain that the Act, by limiting the franchise to residents of the territory to be annexed, denies residents of the annexing city the equal protection of the laws. At plaintiffs' request, the superior court issued a preliminary injunction barring defendants, LAFCO and its executive officers, from executing and recording a certificate of completion, a [32 Cal.3d 819] document certifying the results of an annexation election. (See § 35351.) ² Defendants appeal from the preliminary injunction. (See Code Civ.Proc., § 904.1, subd. (f).)

This appeal presents a single issue, but one of first impression: does a statute which limits the franchise in an annexation election to residents of the territory to be annexed violate the state or federal Constitutions? As we explained in Fullerton

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[654 P.2d 195] Joint Union High School Dist. v. State Bd. of Education (1982) 32 Cal.3d 779, 187 Cal.Rptr. 398, 654 P.2d 168 (hereafter Fullerton), any restriction on the franchise within the constitutionally relevant geographic area is invalid unless necessary to further a compelling state interest. In an annexation election, the relevant geographic area encompasses both the region to be annexed and the annexing city.

We must therefore scrutinize the statutory plan to determine if it can be sustained as necessary to serve a compelling state interest. We recognize the state's concern, evidenced by the provisions of the 1977 Act, to provide an efficient and economical means for residents of unincorporated areas to join a neighboring city and thereby obtain the advantages of municipal services and government. In some cases, we observe, it is in the interest of the state to facilitate such annexations even if the majority of residents of the annexing city are opposed, since otherwise problem areas with a low tax base or a high cost of providing services might be unable to gain admission to any adjoining municipality. We conclude that the state's interest in this regard is of compelling character, and is plainly one which could not be achieved if the annexation election was open to the residents of the annexing city. Accordingly we sustain the constitutionality of the challenged statutes.

1. The Municipal Organization Act of 1977.

The 1977 Act completely revised the statutory procedures for the organization of municipal government and the annexation of unincorporated territories. Repealing provisions which permitted the legislative body of the annexing city to reject a proposed annexation (see former §§ 35007, 35121.5, 35122, 35135), it vests primary power to review annexation proposals in the county Local Agency Formation Commission (see § 35150), subject in some cases to the right of registered voters to reject a proposal.

The Act sets out an extensive definition of terms. (§§ 35020-35051.) The term "affected territory" in the Act refers to the area proposed for annexation (§ 35024); "affected city" to the city which would annex that territory [32 Cal.3d 820] (§ 35021). "Commission" means the Local Agency Formation Commission with jurisdiction over the region in question. (§ 35030.) "Conducting authority" refers to the legislative body of the "affected city." (§ 35031.) For convenience in this opinion, we shall employ the statutory terminology.

We summarize the Act's provisions relating to annexations of inhabited territory, a term which refers to territory with 12 or more registered voters. (§ 35038.) Upon receipt of a petition signed by 5 percent of the registered voters, or 5 percent of the number of landowners who also own 5 percent of the assessed value of land, the commission must determine the sufficiency of the petition and, finding it sufficient, set the matter for hearing. (§§ 35133, 35152.) Following a hearing, and preparation of an environmental study if required (see § 35152), the commission must adopt a resolution approving or disapproving the proposal. (§ 35157.) If it approves the proposal, the conducting authority--the legislative body of the annexing city (§ 35031)--must initiate annexation proceedings. (§ 35161.)

After adopting the compulsory resolution initiating annexation proceedings, the conducting authority sets a date for a hearing and receipt of protests from registered voters or landowners within the area to be annexed. (§ 35220.) Sections 35228 and 35231 specify the duty of the city following that hearing. Section 35228 states that: "When the territory proposed to be annexed or detached is inhabited, the conducting authority, not more than 30 days after conclusion of the hearing, shall adopt a resolution making a finding regarding the value of written protests filed and not withdrawn and taking one of the following actions: [p] (a) Terminate proceedings if written protests have been filed and not withdrawn by 50 percent or more of the registered voters within the affected territory. [p] (b) Order

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[654 P.2d 196] the territory annexed or detached subject to the confirmation by the voters on the question, and call a special election and submit to the voters residing within the affected territory the question of whether it shall be annexed to or detached from the city, if written protests have been filed and not withdrawn by either 25 percent or more of the registered voters within the territory, or 25 percent or more of the owners of land, who also own not less than 25 percent of the total assessed value of land within the territory. [p] (c) Order the territory annexed or detached without an election if written protests have been filed and not withdrawn by less than 25 percent of the registered voters within the territory and less than 25 percent of the owners of land who own less than 25 percent of the total assessed value of land within the territory." (Italics added.) ³

[32 Cal.3d 821] Section 35228 makes no mention of an election within the affected city. Section 35231, however, provides that: "Any resolution adopted pursuant to subdivision (b) of Section 35228 ordering annexation or detachment of territory subject to the confirmation by the voters shall also call an election in the affected city and submit to the registered voters residing therein the same question at the same time as that submitted to the registered voters residing within the affected territory if: [p] (a) The total assessed value of land within the affected territory equals one half or more of the total assessed value of land within the affected city as shown on the last equalized assessment roll; or [p] (b) The number of registered voters residing within the affected territory equals one half or more of the number of registered voters residing within the affected city as shown on the county register of voters." (Italics added.)

If the voters approve the annexation, the conducting authority notifies the commission. (§ 35150.) The executive officer of the commission then executes (§ 35351) and records (§ 35352) a certificate of completion. Unless otherwise specified in the annexing resolution, the annexation becomes effective on the recording of the certificate of completion. (§ 35354.)

2. Proceedings to annex Eastview to the City.

The City, ironically itself the product of litigation (see Curtis v. Board of Supervisors (1972) 7 Cal.3d 942, 104 Cal.Rptr. 297, 501 P.2d 537), is a low density residential community on the Pacific Ocean in Los Angeles County. It has an area of about 12.3 square miles and a population of about 40,000. The unincorporated territory of Eastview adjoins the City to the east; it has an area of 840 acres and a population of 9,055 persons. Although also primarily a single family residential community, it is much more densely populated than the City. The addition of Eastview to the City would increase the number of registered voters in the City by about 20 percent and the assessed value of land by a lesser percentage--figures which are insufficient under section 35231 to require a vote by residents of the affected city.

In November of 1978, a group of Eastview residents submitted an annexation petition to LAFCO. LAFCO undertook an environmental study and, finding no significant environmental impact, filed a negative declaration. Following a series of hearings, and after excluding a portion of Eastview from the annexation, LAFCO approved the proposal and directed the City to initiate annexation proceedings.

On June 28, 1979, plaintiffs, a coalition of residents and homeowners associations in the City,...