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HomeMy WebLinkAboutRES NO 029-02RESOLUTION NO. 0 2 9 '-0' :~ A RESOLUTION BY TH E CITY COUNCIL FOR THE CITY OF BAKERSFIELD AMENDING AND RE-AFFIRMING CITY'S ANNEXATION MISSION STATEMENTAND ESTABLISHING A PRE-APPLICATION PROCESS FOR ANNEXATIONS. WHEREAS, the City Council for the City of Bakersfield adopted an Annexation Mission Statement on February 21, 1996 which outlines several reasons why the City pursues annexations and the manner and outcomes which are expected to result from said annexations; and WHEREAS, State law requires the annexation procedure to be under the auspices of the Local Formation Agency Commission (herein "LAFCO"); and WHEREAS, annexation remains an identifiable goal of the City Council, a recommended positive step in the Vision 2020 Plan, and a supported finding from the 1999-2000 Kern County Grand Jury; and WHEREAS, the City Council intends to disseminate annexation information prior to the involvement of LAFCO and desires to assure citizens that to the extent annexation information is provided by the City, that it occurs in an honorable, courteous, informative and honest manner; and WHEREAS, the City desires to re-affirm the goals and pledge of said Mission Statement by establishing a Pre-Application Process which will govern how City Council and City staff handle annexations, prior to the involvement of LAFCO; and WHEREAS, the Pre-Application Process will include a number of steps, one of which shall be a Noticed Hearing before the Bakersfield City Council prior to adoption of the Resolution of Application. NOW THEREFORE, incorporating the above recitals herein, the City Council for the City of Bakersfield hereby: Amends and re-affirms the Annexation Mission Statement adopted by the Bakersfield City Council on February 21, 1996, attached hereto as Exhibit "A" and incorporated by reference herein. Adopts the Annexation Pre-Application Process attached hereto as Exhibit "B" and incorporated by reference herein. -oo0oo- I HEREBY CERTIFY that the foregoing Resolution was passed and_a_d_opted by the Council of the City of Bakersfield at a regular meeting thereof held on I-I:B 20 20112 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, I :A:.'__.OFI, SULLIVAN, SALVAGGIO COUNCILMEMBER ~c~,"~o ~ COUNClLMEMBER ~J~J-.~ COUNCILMEMBER PAMELA A. McCARTHY, CM~ CITY CLERK and Ex Officio (~lerk of the Council of the City of Bakersfield APPROVED By: HARVEY L HALE Mayor APPROVED AS TO FORM: BART J. THILTGEN city v~i~GINIA,~E~INARO Deputy City Attorney VG:alj S:~HEARINGS~JqN E XXPmnex Reso.wpd ANNEXATION MISSION STATEMENT EXHIBIT "A" The purpose of the City of Bakersfield's annexation efforts is to provide clear consolidated boundaries which result in the most effective delivery of urban services and in the most efficient use of taxpayer dollars. In fulfilling this mission, we, the city of Bakersfield elected officials and staff pledge the following: To deliver services to citizens within newly annexed county areas more efficiently and with a greater transfer of benefits as a result of becoming a part of the City; and To provide quality services to citizens in the most efficient, effective and courteous manner possible; and To encourage current and future residents to participate in determining the direction and spirit of the City and its neighborhoods; and To assure our contact with citizens will be in the most honorable, courteous, informative and honest manner in our efforts to encourage adjacent residents to unite with the City of Bakersfield; and To make continual efforts to improve the quality of life, the delivery of services and the community spirit within and around Bakersfield; and To preserve the integrity of each property owner's vote, by not combining non- contiguous areas on the Resolution of Application, unless 100% owner approval is received in writing by the City. ANNEXATION PRE-APPLICATION PROCESS EXHIBIT "B" The following steps are proposed for the City of Bakersfield prior to application for annexation to LAFCO of territory inhabited by 12 or more resident electors: Identify Proposed Annexation Area Development Services Department- Planning Division will identify the proposed annexation area, based on request by City or Citizens to initiate annexation. Notify City Council The Development Services Director will notify the Council, in writing of the annexation proposal. This notification, by way of memorandum, will be distributed through City Manager's weekly General Information Memo, which is available in the City Clerk's Office. Send out "Frequently Asked Questions" A letter regarding the proposed annexation with frequently asked questions and responses will be prepared by the Development Services Department and mailed to all property owners/occupants within the proposed area. Standard questions will appear on all letters. Some additional questions/answers with regard to taxes or other issues specific to the area may be included. Informational Meetings At least one mandatory noticed informational meeting at a public facility will be conducted within the proposed annexation area. Best efforts will be made to conduct this meeting prior to the scheduled noticed hearing. City Councilmembers may wish to also schedule additional informal meetings in the area in order to share information and this should not be precluded. In all cases, the Councilmember will be invited to any informational meeting. Efforts will be made to use public facilities for informational meetings. However, this does not preclude the use of resident homes. It is the intent of this section to assure that information is readily available and shared with citizens. With this in mind, staff will attempt to use the internet to disseminate annexation information when financially feasible. It is imperative that staff be available to respond to questions by citizens and share information in either a group or individual setting. Schedule Noticed Hearing Development Services Staff will request an available hearing date from the City Clerk. Hearing will be scheduled and notices will be prepared by Clerk Staff. Notification Once the hearing has been scheduled, written notice will be mailed to all property owners/occupants within the proposed area. Notice will include date, time and location of hearing. Additionally, there will be a prepaid post card included in the notice giving the owner/occupant an opportunity to express their opinion regarding the annexation, by mail or personal delivery. Notice will be prepared and mailed by City Clerk Staff no later than 20 days prior to the hearing. See attached Exhibit "1" and "2" Publication A hearing notice will be published in The Bakersfield Cafifomian, on the Legal Notices page. The notice will be published no later than 20 days prior to the hearing. See Exhibit "3" Hearing The noticed hearing will be held before the City Council to receive testimony from residents/occupants who reside within the proposed -2- area. There will be 15 minutes for each side with a 5 minute rebuttal period. Citizens who do not reside in the proposed area have the opportunity to address the Council during the Public Statement portion of the regular meeting. Resolution of Application A Resolution of Application for Annexation of a proposed area will be brought to the Council for approval at the next regularly scheduled meeting following the noticed hearing, unless directed otherwise by Council. -3- EXHIBIT "1" B A K E R S F I E L D NOTICE OF HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD REGARDING PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN of a Hearing before the Bakersfield City Council regarding the proposed annexation of territory to the City of Bakersfield known as City of Bakersfield ANNEXATION NO. 398, GENERALLY KNOWN AS PANAMA #12. The hearing will be held before the City Council of the City of Bakersfield and will begin at 7:00 p.m., or as soon thereafter as the matter may be heard on WEDNESDAY, NOVEMBER 14, 2001, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301. The purpose of the hearing is to receive and consider comments regarding this proposed annexation into the City of Bakersfield. The area being considered is generally located north and south of Panama Lane, west of State Route 99 (Freeway 99). See the attached map (Exhibit A) that shows the affected territory. These proceedings were initiated by the orooertv owner(s/or Citv (choos~ one) . The reason the has proposed this annexation is WRITTEN COMMENTS regarding the proposed annexation may be filed by any owner/occupant within the proposed annexation area, by returning the enclosed postage paid postcard, or letter with the City Clerk at any time prior to adoption of the Resolution of Application by the City Council. Dated: Pamela A. McCarthy, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield NOTE: Notice to be mailed in City of Bakersfield Envelope with "Public Hearing Notice" in Red Ink. EXHIBIT "2" BAKERSFIELD NOTICE OF HEARING REGARDING ANNEXATION Date: November 14, 2001 Time: 7:00 pm or as soon thereafter Location: 1501 Truxtun Ave., City Hall Council Chambers Regarding: Annexation No. 398, Generally Known as Panama #12 __ I support the proposed annexation __ I oppose the proposed annexation __ I have no preference regarding annexation For Information Regard Hearing Contact City Clerk @ 326-3767 For Annexation Information Contact Planning @ 326-3733 S ^ K E r~ S F ~ E L D City Clerk's Office 1501 Truxtun Ave. Bakersfield, CA 93301 CITY CLERK CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 EXHIBIT"3" NOTICE FOR ANNEXATION HEARING Sample of column and type size of legal advertisement. Wording of Notice will be the same as the mailed notice to property owners.