HomeMy WebLinkAbout11/28/2000 BAKERSFIELD
Alan Tandy, City M'E~ager David Couch, Chair
Staff: Darnell W. Haynes Patricia J. DeMond
(for Trudy Slater) Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Special Meeting
Tuesday, November 28, 2000
1:15 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 1:20 p.m.
Members present: COuncilmember David Couch, Chair
Councilmember Patricia DeMond
Councilmember Jacquie Sullivan arrived at 1:25 p.m.
2. ADOPT SEPTEMBER 21, 2000 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
None
4. DEFERRED BUSINESS
A. REVlEWAND RECOMMENDATION REGARDING DRAFTING AN ORDINANCE
OR RESOLUTION OUTLINING THE ANNEXATION PROCESS WITH
CONSIDERATION OF SUGGESTIONS FROM THE ANNEXATION TASK FORCE;
REVIEW OF DRAFT GUIDE TO ANNEXATION PROCESS
City Attorney Bart Thiltgen discussed the implications of AB 2838, which was signed by
the Governor on September 26, 2000 and becomes effective January 1,2001. This new
state law affects the annexation process, and many functions that are now performed by
the City will be under the control of LAFCO. As this bill contains many new prOvisions for
annexation, reviewing the City's sphere of influence, and the City's relationship under
Williamson Act, it will have impacts on the way the City operates.
Agenda Summary Report
Legislative and Litigation Committee
November 28, 2000
Page 2
· AB 2838 is 101 pages long and the City Attorney's office has begun a comprehensive
evaluation of the changes in the law. The City Attorney recommended placing the
resolution/ordinance on hold and pulling the Legislative and Litigation Committee Report
from the City Council Agenda for the meeting of November 29th. The proposed resolution
has language that will no longer be applicable under the new law, and any proposed
ordinance would not take effect for 30 days and would be preempted by the new state
law.
The City Attorney stated that by mid-January his staff should be able to finish their
evaluation and have a report summarizing the highlights and impacts of the law with an
outline showing how the City functioned under the old law in regard to annexation and
how it will function after January 1, 2001. Even though the law becomes effective
January 1st, it will take time for LAFCO to establish staff, develop a budget and
operational guidelines under the new law.
The proposed annexation guide also has components not in compliance with the new law.
Committee Chair David Couch stated he would still be in favor of the City being involved
with preparing an annexation guide or a resolution if it is appropriate when it is determined
what the City's role will be under the new law.
Committee Chair David Couch thanked Committee members and staff for their many
hours of work over the past year in preparing the resolution and annexation guide and
thanked the citizens for attending the meetings and providing their input.
The City Attorney will make a brief statement at the November 29th Council meeting and
pull the Committee's report from the agenda.
5. COMMITTEE COMMENTS
None
6. ADJOURNMENT
The meeting adjourned at 1:40 p.m.
Staff Attendees: Assistant City Manager Alan Christensen, Assistant to the City Manager
Darnell Haynes, City Attorney Bart Thiltgen, and City Clerk Pam McCarthy.
Other Attendees: Ray Allen; Barbara Fields; Barbara Fowler; Becky Kaiser; Ginger Mello;
Eileen Melton; James Burger, The Bakersfield Californian; and Tammi Brown, KUZZ.
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