HomeMy WebLinkAbout03/02/2000 BAKERSFIELD
David Couch, Chair
Patricia J. DeMond
Jacquie Sullivan'
Staff: Trudy Slater
SPECIAL MEETING NOTICE
LEGISLATIVE AND LITIGATION COMMITTEE
of the City Council - City of Bakersfield
Thursday, March 2, 2000
1:15 p.m.
City Manager's Conference Room
Second Floor - City Hall, Suite 201
1501 Truxtun Avenue, Bakersfield, CA
AGENDA
1. ROLL CALL
2. ADOPT JANUARY 31, 2000 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. REVIEW AND RECOMMENDATION REGARDING DRAFTING AN ORDINANCE OR
RESOLUTION OUTLINING THE ANNEXATION PROCESS WITH CONSIDERATION
OF SUGGESTIONS FROM THE ANNEXATION TASK FORCE
5. ADJOURNMENT
I
S:\TTS\Leg-Lit-Com~GN000302.wpd
FILE
DRAFT
BAKERSFIELD
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Alan -]T¢~dy, City I~lanager David Couch, Chair
Staff: Trudy Slater Patricia J. DeMond
Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Special-Meeting
Thursday, January 31, 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
Member.absent: Councilmember Jacquie Sullivan
2. ADOPT JANUARY 20, 2000 AGENDA SUMMARY REPORT
Adopted as revised with name correction.
3. PUBLIC STATEMENTS
None.
4. DEFERRED BUSINESS
A. REVIEW AND RECOMMENDATION REGARDING REQUEST OF MARTHA
KNIGHT
This item was deferred to the next meeting to accommodate Councilmember
Sullivan's preference to have the issue discussed when she could be in attendance.
Legislative and Litigation Committee
January 31, 2000
Page 2
B. REVIEW AND COMMITTEE RECOMMENDATION REGARDING THE USE
OF ELECTRIC BICYCLES ON THE BIKE PATH
Committee members reviewed information contained within the agenda packet, and
Traffic Engineer Steve Walker, City Attorney Bart Thiltgen, and Recreation and
Parks Director Stan Ford answered questions. City Attorney Bart Thiltgen
explained that the director of Kern COG, the agency which allocates TDA funds,
would recommend to his board against allowing electric bikes on bike paths.
Mr. Paul McGrath asked whether he could ride his e-bike on the bike path without
the battery. The City Attorney clarified that it would be against the ordinance.
Mr. McGrath also questioned whether he could ride his e-bike on the bike lanes and
Mr. McGrath was told that, too, was against the existing ordinance. To allow
e-bikes on the bike lanes would require an ordinance change.
Councilmember DeMond moved to make no change in the ordinance at this time.
The motion passed. She indicated she would like for e-bikes to be allowed on city
streets and Councilmember David Couch agreed that he would be willing to allow
electric bikes on bike lanes.
The Committee directed staff to prepare a Committee report indicating the
Committee approved making no changes in the City's ordinance to allow electric
bikes on the bike path at this time. Staff was directed to explore the possibilities for
use of electric bikes on city streets and will contact Kern COG regarding funding-
related issues.
C. REVIEW AND RECOMMENDATION RELATING TO PROCEDURE OR
POLICY FOR COUNCILMEMBERS PLACING AN ITEM ON THE AGENDA
City Manager Alan Tandy illustrated the procedures currently in place for submitting
agenda items, indicating that generally an agenda item report and background
information is requested eight working days prior to a scheduled Council meeting
date (normally a Friday). Any Councilmember can place an item on the agenda by
notifying the City Manager's Office prior to that deadline. The Clerk's Office
prepares a draft agenda based on that information which is reviewed at an agenda
conference of the city manager and department heads the Tuesday after the Friday
deadline. Some items may be added at that session but it is preferred, unless they
are very routine, that the original Friday cut off be adhered to whenever possible.
Agenda Summary Report DRAFT
Legislative and Litigation Committee
January 31, 2000
Page 3
After.that Tuesday meeting, the Clerk prepares the final agenda packet to be sent
to the printer on Thursday. The Council receives the full packet the next day (on
Friday).
Thursday the packet is sent no later than 4:00 p.m. to the printer for distribution to
the Council on Friday. After this time, statutory requirements must be met in order
to add an item to the agenda. In certain instances during reduced work weeks (i.e.,
holidays), time schedules are "backed Up,, to accommodate shortened time frames
and legal noticing requirements. The current schedule allows for adequate staff
preparation and a limited amount of flexibility relative to adding items late in the
process while still meeting the Brown Act noticing requirements of State law. In rare
instances where policy questions come into play on late item additions, the City
Manager may consult with the Vice-Mayor for guidance.
In special and infrequent instances, items can be placed on the agenda after it is
noticed but only when the Council as a whole (requiring five votes) declares it to be
an emergency and when action must be taken prior to the next regularly scheduled
meeting. State law also regulates what can be considered an emergency.
The Legislative and Litigation Committee felt the procedures in place attempt to
accommodate as nearly as possible the scheduling flexibility needed by staff and
Council while following Brown Act requirements. The Committee directed staff to
prepare a report to Council for filing.
D. REVIEW AND RECOMMENDATION REGARDING ORDINANCE AMENDING
SECTION 2.28.090 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
THE BOARD OF ZONING ADJUSTMENT
City Attorney Thiltgen explained his concern that his serving on the Board of Zoning
Adjustment was a conflict of interest as he could also be asked to advise the
Council on an issue which he had recommended. He proposed a member of the
Economic Development Department and alternate replace the legal representative
and alternate.
After discussion, the Committee approved the proposal and'directed staff to forward
the proposed changes to Council for approval.
DRAFT
Legislative and Litigation Committee
January 31, 2000
Page 4
5. NEW BUSINESS
A. 2000 LEGISLATIVE PLATFORM
Administrative Analyst Trudy Slater explained the process followed during the
annual review of the City's Legislative Platform. Current legislative concerns are
captured in the City's Legislative Platform which identifies the City's legislative
priorities for the year. This allows the City to focus its limited resources on areas
of greatest concern. It also provides a basis for quick response by City legislative
advocates and departments to legislative issues that arise.
The Committee reviewed the 1999 Platform and suggestions for change. Changes
to the Platform included adding urban development as an item under support for
legislation which promotes safe, efficient, cost. effective and responsible
management of various environmental components; supporting legislation which
provides increased funding of cultural, recreation and open space programs;
supporting legislation or a constitutional amendment which provides permanent
fiscal relief for cities in light of the State budget surplus; and opposing legislation
which intrudes into the City's collective bargaining and rights.
With the proposed changes, the Committee felt the Platform adequately reflects the
City's current legislative concerns. The Committee directed staff to prepare a report
recommending Council accept the proposed 2000 Legislative Platform.
6. ADJOURNMENT
The meeting adjourned at 2:12 p.m.
Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, City
Clerk Pam McCarthy; City Attorney Bart Thiltgen; Recreation and
Parks Director Start Ford; and Planning Director Start Grady.
Other Attendees: Tammy Brown
(P:~L&L~L000131 .MIN)
CITY OF
BAKERSFIELD
GUIDE
TO THE
ANNEXATION
PROCESS
Prepared by the
Office of the City Clerk
February 25, 20000
PREFACE
The City Clerk for the City of Bakersfield has prepared this brief summary of the process
required by the Cortese-Knox Local Government .Reorganization Act of 1985 regarding
annexations. This is a general guide intended to assist citizens in their understanding of
the annexation process. It does not reflect all regulations regarding annexations. Citizens
are encoUraged to get the most up-to-date information available prior to beginning any
protest effort.
This document is provided as a broad, general overview of the proceedings related to
annexations initiated by the City of Bakersfield and may not be interpreted or construed to
be complete, conclusive, or as legal advice. Specific and complete requirements as well
as additional references to applicable State law may be obtained from LAFCo, 2700 "M"
St., Bakersfield, CA 93301. However, specific legal advice should be sought from an
attorney.
CONTACTS
The following addresses and telephone numbers are provided for your information:
City Council City Clerk
1501 Truxtun Avenue 1501 Truxtun Avenue
Bakersfield, CA 93301 Bakersfield, CA 93301
(661) 326-3767 (661) 326-3767
Fax (661) 323-3780 Fax (661) 323-3780
e-mail: city_council@ci.bakersfield.ca.us
City Manager City Attorney
1501Truxtun Avenue 1501 Truxtun Avenue
Bakersfield, CA 93301 Bakersfield, CA 93301
(661) 326-3751 (661) 326-3721
Fax (661) 324-1850 Fax (661) 852-2020
Development Services Director
1715 Chester Avenue
Bakersfield, CA 93301
(661) 326-3733
Fax (661) 325-0266
TABLE OF CONTENTS
Annexations At a Glance ..................................... Page 1
LAFCo Proceedings ......................................... Page 2
City Council Proceedings ..................................... Page 3
Protesting Annexations ................................... Pages 3 - 5
Effective Date of Annexation .................................. Page 5
Annexation Terminology .................................. Pages 6 - 7
Sample Hearing Notice ...................................... Page 8
Sample. Written Protest ...................................... Page 9
D AFT
ANNEXATIONS AT A GLANCE
What is annexation and how does it affect residents of the County? With this guide, the
City of Bakersfield will answer these questions and provide a broad overview of the
annexation process. It is by no means intended to cover all the regulations regarding
annexations. However, we hope it will provide basic information to assist you in your
understanding of the annexation process.
Annexation is a jurisdictional change, from County to City, of inhabited or un-inhabited
areas. This jurisdictional change, governed by the Cortese-Knox Local Government
Reorganization Act of 1985, can be found in the California Government Code commencing
with Sections 56000. The Act is administered and enforced by the Local Agency
Formation Commission (LAFCo). LAFCo has the authority to approve or deny all
annexation requests.
LAFCo of Kern County is composed of two members from City Councils (throughout the
County), two members of the Kern County Board of Supervisors, and one public member
(§56325).
LAFCo regulates, through approval and denial, boundary changes proposed by other
public agencies or individuals. In reviewing proposals for boundary changes, LAFCo is
required to consider certain factors prior to approval. These factors include, but are not
limited to, conformity between city and county plans, current service levels and the need
for future services to the area, and the social, physical, and economic effects that boundary
changes present to the community (§56301). Additionally, LAFCo is charged with
deterring urban sprawl and promoting orderly formation and development of local
government, based upon conditions and circumstances (§56301).
Individuals included in the proposed annexation area have the opportunity to express their
opinions at two (2) public hearings. The first hearing is held before LAFCo. The second
hearing is held before the City Council of the annexing City. Citizens may submit written
materials and/or oral testimony to both of these entities. The public hearing conducted by
the City Council is considered a "protest hearing" where property owner(s) and registered
voters', within the area, may protest the proceeding.
Within this guide you will find sections on LAFCo Proceedings, City Council Proceedings,
Protesting Annexations, and Effective Date of Annexation. Also included is a Glossary of
Terms, a Sample Hearing Notice (used by the City) and a Sample Written Protest.
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D AFT
LAFCo PROCEEDINGS
Application Review:
The LAFCo Executive Officer reviews the application package and, within 30 days,'~
determines if the petition/resolution meets all legal requirements, the project's requirements
under CEQA, evidence that a satisfactory exchange of property tax has taken place within
the time prescribed by law, and whether the application is complete ({}56828).
Notice of Filing:
If all of the documents are in order, the LAFCo Executive Officer issues a Notice of Filing
and sets a date within 90 days for a public hearing by the Commission where the
annexation proposal will be considered (§56828).
Public Hearing:
The LAFCo Executive Officer shall give notice of any hearing by the Commission by
publication, and by posting, as currently provided in Section 56834.
Determination of Commission:
The hearing shall be held by the Commission upon the date and at the time and place
specified. The hearing may be continued from time to time but not to exceed 70 days from
the date specified in the original notice (§56840). At the hearing the Commission considers
the recommendations of the LAFCo Executive Officer on a number of factors and policies,
such as current and future population and density, current and proposed land uses and
potential incompatibilities with adjacent properties, current and future needs for public
services and the adequacy of the cost of those services currently, conformity with the
Commission's policies and standards, and other provisions of law (§56841). The
Commission also receives oral and written comments from citizens and other public
agencies at the public hearing (§56841 (b)).
Adoption of Resolution Making Determinations:
The Commission must adopt a resolution making determinations either approving, denying,
or modifying the annexation proposal within 35 days from the public hearing (§56851). The
Commission may also include specific terms and conditions in the resolution (§56844).
Additionally, the Commission designates a "conducting authority," the City Council in the
case of a city annexation. The Commission may authorize proceedings to conclude
without any further notice, hearing, or election if there is 100% consent of the landowners.
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DRAFT
CITY COUNCIL PROCEEDINGS
The annexation process officially begins when the City Council adopts a Resolution of
Application to annex certain territory. The application is filed with LAFCo, along with the
certified resolution for annexation. By statute, . the resolution must include specific
language and must be accompanied by prescribed documentation, such as a statement
of the reason for the proposal, a map and legal description of the boundaries of the subject
territory, a description of how services will be provided to the area proposed for annexation,
and California Environmental Quality Act compliance documentation (§56652).
The City and the County will determine a property tax exchange on each proposed
annexation. LAFCo reviews the application documents and the City's resolutions affecting
the property tax exchange and, if all is in order, a Notice of Filing is issued.
A public hearing is then conducted by LAFCo. Citizens may provide written and oral
testimony. Upon completion of the hearing, the Commission (LAFCo) adopts a "Resolution
Making Determinations" either approving, denying, or modifying the annexation proposal.
Upon receipt of this resolution, the City Council will schedule a public hearing, commonly
known as the "protest hearing," within 35 days of the Commission's resolution date. The
Clerk will give notice at least 15 days in advance of the hearing (§56154). Notices are
mailed to each affected agency, the LAFCo Executive Officer, and chief petitioners.
Citizens affected by an annexation may request that a special hearing notice be mailed to
them. This request must be made, in writing, to the City Clerk.
Additionally, the hearing notice is required to be published in a newspaper of general
circulation. The City uses The Bakersfield Califomian. In accordance with Government
Code Section 6061, the notice is required to be published a minimum of one time
(§56153).
A notice is also required to be posted at least 15 days prior to the hearing date specified
in the notice. It is to remain posted up to the date of the hearing (§56158). The notice is
posted on the City's Official Bulletin Board which is located on the west wall near the
southwest entrance to City Hall (§56159).
PROTESTING ANNEXATIONS
Citizens affected by an annexation have two opportunities to protest the annexation. The
first is the public hearing conducted by LAFCo. The second is the public hearing or
"protest hearing" conducted by the City. Under State law this is the ONLYopportunity for
citizens affected by the annexation to file an official written protest. Written protests of the
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DRAFT
proposed annexation must be filed with the City Clerk up to and including the hearing. Any
protest filed after the conclusion of the hearing will not be counted in the annexation
proceeding.
For a protest to be officially counted by the local agency the following procedure should be
followed:
· Protest letter or petition must be filed with the City Clerk of the City of
Bakersfield after publication of the hearing notice, but before the conclusion
of the hearing (§57051). Each protest letter must'
· Be addressed to the City Clerk
· State whether the protest is being made by a landowner o_r registered
voter
· State the name and address of the owner of the land. If the
landowner's address is different from the affected property location,
you must include that information
· State the name and address of the registered voter as it appears on
the Affidavit of Voter Registration
· Sign and date the protest letter. You may not sign before the
publication date of the "Notice of Public Hearing"
· Be filed before the conclusion of the public hearing
· Those eligible to protest an annexation must be a land owner of property in
the proposed annexation area or, any registered voter residing in the
proposed annexation area. An individual that is both a registered voter and
a property owner may file a protest under either designation. If property is
owned by more than one person, each owner is eligible to file a protest
(§57051).
· Property owned by more than one person, either in joint tenancy or tenancy
in common may each file a protest letter. However, only the individual's
proportionate share in the value of the property will be considered in valuing
the protest (§57052 and 56710(b)). For example: John and Jane Smith,
Joint Tenants, each file a protest as property owners. Each is counted as
one-half (as half owners) for a total of one protest.
· The name on each protest letter will be matched against the voter
registration roll on file with the Kern County Election Official, and/or the
assessment (property tax) roll, depending on the nature of the protest. The
names on the protest letter must match the name on these rolls.
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Upon completion of the protest hearing, the results are determined as follows:
An election to decide annexation must be held.if atJeast, 25% but less than
50% of the registered voters in the territory file a written protest;
· An election to decide annexation must be held if at least 25% of the number
of property owners who also own at least 25% of the assessed value of the
land file a written protest;
· If more than 50% of the registered voters in the proposed annexation area
file a written protest, the annexation proceeding is terminated;
· If less than 25% of the registered voters or if less than 25% of the property
owners who own less than 25% of the assessed value file a written protest,
the annexation will proceed.
EFFECTIVE DATE OF ANNEXATION
The City Clerk will file with LAFCo a certified copy of the Resolution adopted by the City
Council. The LAFCo Executive Officer determines whether the City's Resolution meets all
the conditions imposed by the Commission and, if so, issues a Certificate of Completion.
The Certificate of Completion is forwarded to the City, recorded with the County Clerk, and
a statement of boundary change or creation is issued by the LAFCo Executive Officer. The
Certificate is then filed with the State Board of Equalization and the County Assessor. The
Secretary of State is also notified of this action. In addition, the property tax transfer
resolution or agreement, if any, is forwarded to the County Auditor to bring about the
property tax transfer (§§57200 - 57204).
Once the City receives the Certificate of Completion, the City assumes responsibility for
police and fire protection, building inspection, refuse collection, animal control, planning,
and other services.
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ANNEXATION TERMINOLOGY
Annexation: ....~. .... A process whereby territory is incorporated into a City .......
.. CEQA: _ California Environmental Quality Act (Public Resources Code
§21000 et seq).
Chief Petitioners: Persons designated on a petition or resolution for
organizational change, to a maximum of three.
Conducting Authority: The entity or agency responsible for conducting the protest
hearing for an organization change.
Detachment: A process whereby territory is removed from a City.
EIR: An Environmental Impact Report (EIR) that is required under
CEQA after an initial study reveals that significant
environmental impacts may occur due to a project.
Governing Body: The Board or Commission or a local agency, either elected by
the voters or appointed by a parent governing body.
Inhabited Territory: Territory wherein 12 or more registered voters reside.
LAFCo: The Local Agency Formation Commission, is the governing
body responsible for ensuring the laws related to
organizational changes are followed. It is also responsible for
making determinations regarding services, land use
compatibility, boundaries, and other such issues when
organizational changes are proposed.
Lead Agency: The agency responsible for preparing an environmental
document per CEQA.
Local Agency: Any local governmental entity--city, county, special district,
agency--created by State law.
Negative Declaration: A jurisdictional boundary change is considered a "project"
under CEQA. If under CEQA regulations the project is
determined to have no significant impact on the environment,
a Negative Declaration is filed.
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Protest Hearing: A hearing conducted by the Local Agency, in this case the City
Council, where citizens have their opportunity to officially
protest annexation to a city.
Reorganization: A change to the boundaries of a city, county, special district,
county service area or sphere of influence.
Responsible Agency: The agency responsible for reviewing and commenting on a
completed environmental document per CEQA.
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SAMPLE HEARING NOTICE
NOTICE OF PUBLIC HEARING BEFORE THE
COUNCIL OF THE CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN of a Protest Hearing before the Bakersfield City Council regarding
the annexation of territory to the City of Bakersfield as assigned by the Local Agency
Formation Commission (LAFCo) known as City of Bakersfield Annexation No.
LAFCo has determined the territory to be annexed is
inhabited or uninhabited (choose one).
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,
in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California,
93301. The purpose of the hearing is to receive and consider protests against the proposed
annexation into the City of Bakersfield.
The area being considered is generally located
See the attached map (Exhibit A) that shows the affected
territory.
These proceedings were initiated by (the property owner or City) The reason
the has proposed this annexation is
The specific terms and conditions of the annexation are detailed in the resolution adopted by
the Local Agency Formation Commission. The resolution is on file at the City Clerk's office.
WRITTEN PROTESTS against the annexation may be filed by any owner of property or
registered voter in the territory, with the City Clerk at any time prior to the conclusion of the
hearing on the proposed annexation. If you challenge the action taken on this proposal in
court, you may be limited to raising only those issues raised at the public hearing, or in written
correspondence delivered to the City of Bakersfield prior to the close of the hearing.
Dated:
Pamela A. McCarthy, CMC
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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SAMPLE WRITTEN PROTEST
Note: This document is provided as a broad, general overview of the proceedings related to annexations initiated
by the City of Bakersfield and may not be interpreted or construed to be complete, conclusive, or as legal
advice. Specific and complete requirements as well as additional references to applicable State law may be
obtained from LAFCo, 2700 "M" St., Bakersfield, CA 93301. However, specific legal advice should be sought
from an attorney.
ANNEXATION PROTEST - PROPERTY-OWNER
CITY CLERK - CITY OF BAKERSFIELD
I (Name) the undersigned property
owner do hereby protest the annexation of the territory known as
, being proposed by the City of Bakersfield. I own property located at
(address) The purpose of this letter is to express
my opposition of the above entitled annexation.
Date:
Print Your Name (as it appears on the property tax bill)
Signature
ANNEXATION PROTEST - REGISTERED VOTER
I (Name) the undersigned registered voter
do hereby protest the annexation of the territory known as ,
being proposed by the City of Bakersfield. I am registered to vote at the following address
(address) The purpose of this letter is to express my
opposition of the above entitled annexation.
Date:
Print Your Name (as it appears on your voter registration)
Signature
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REC'D & PLACED ON FILE
AT COUNCIL MEETING OF
Mayor Price and Council members. _
Thank you very much for giving me this opportunity to speak to you on behalf of the Board of Supervisors.
I am here tonight representing our Board at the request of the Citizen's Advisory Committee on Annexations.
The Committee has developed, and our Board has endorsed, a set of voluntary actions that the County of
Kern and the City of Bakersfield can take to improve public access to the annexation process. I am here to
ask the Council's support for these actions, and to ask that you also consider supporting the County's
legislative proposals for reform in this area.
The Committee identified six primary issues that concern them. First, they feel that citizens don't receive
adequate notification about a proposed annexation. It can also be difficult to get hold of i_n. formation about
the annexation process and about effectively participating in that process. The C, ommittee believes that
current requirements for hearing notifications aren't sufficient to ensure that th~ affected citizens will be
aware of the hearing date. If someone wants to submit a formal protest to an annexation, the statutes don't
really provide for a time and method of protest that will allow most people to become informed and then to
effectively protest an annexation proposal.
There is also a perception among Committee members that the criteria used for counting protest letters is
discretionary and is not standardized. Citizens need to know what information is required, and in what
format, for a protest letter to be counted. Finally, because County staff do not attend the annexation
informational meetings held by the City, citizens don't know if they are getting balanced information.
To me, these issues really boil down to two basic concerns: people want to get clear and factual information,
and they want a fair opportunity to respond effectively to it. I think the City and the County can act to fix
this situation, through voluntary actions and by supporting legislation to change the statutes that govern
annexation procedures.
On the City's part, we would like you to consider the following voluntary actions:
· Provide individual notification to property owners if you intend to start an annexation. Include the
name of the annexation proceeding and information on how to participate in the annexation process
within the notification.
· Publish a display ad in the newspaper with the heading "Legal Notice" to almounce a scheduled
protest hearing. These published notices should give 30 to 45 days advance notice of hearings or
meetings.
· Adopt a standardized protest letter form.
· Let citizens know the criteria for counting and/or disqualifying a protest letter for each amlexatitm.
· Put annexation information on the City's web page.
These voluntary actions will help the public to participate more effectively in annextltions. However, the
County is also sponsoring legislative changes to ensure that the process takes full account of the views of
people in the area being proposed for annexation. The following Committee recommendations were
endorsed by the Board of Supervisors on August 3, 1999 and were presented by Supervisor Barbara Patrick
in testimony to the Commission on Local Governance I have a copy of the statutory amendments
that the Committee is recommending, which I will be glad to provide to the City Manager's office.
First, to ensure that notices go to the most current list of property owners, statutory ,'eferences to "last
equalized assessment roll" should be changed to "most recent assessment roll being prepared by the coumy
at the time the conducting authority adopts a resolution of application."
Second, the statutory notification period for annexation hearings should be doubled from 15 days to 30 days.
Third, we believe that more than one year should be required after an annexation fails before a conducting
authority may again attempt to annex the area. Our Board believes the time period should be lengthened
to five years.
Fourth, statutes should require that a conducting authority must establish the specific criteria it will use to
accept or reject annexation protests before it applies to annex an area.
Fifth, the statutes should provide for termination of an annexation if at least half of the .landowners within
the proposed area protest. This same right is now provided to the voters in a proposed annexation area and
should also be extended to include landowners.
Sixth, there should be a statutory prohibition against "bundling" the annexation of non-contiguous areas
within the same proceeding. If a majority of the voters in one non-contiguous area protest, that area should
be deleted from the annexation.
As a former member of the.Council, I know that the City, like the County, keeps the interests of the people
you serve uppermost in everything that you do. There are times when annexation makes the most sense for
efficient and effective services, and there are times when it does not. But in all cases, our Board believes
that giving people the facts and the opportunity to make an informed decision, and then trusting them to
choose, is the fairest way to proceed.
I hope that the City and County can work together here and in Sacramento to br{ng the changes that will
increase the public's trust and participation in the annexation process. Thank you.
peterson.bcc
ATTACHMENT A
CITIZ£N$ ADVISORY COMMITT]~£ ON ANNEXATIONS
I~£O~ATION$ TO II~:~ROV~ ~ ~TION PRO~..~$
To improve the annexation process involving inhabited properties without 100% land
owner consent, the following actions should be considered.
VOLUNTARY ACTIONS BY THE CITY OF BAKERSFIELD
1. Provide individual notification to each property owner' of an intention to initiate an
annexation. Indude the name of the annexation proceeding and information on how to
participate in the annexation process within the notification.
2. Publish one display advertisement in the newspaper with the heading "Legal Notice" to
announce a scheduled protest hearing.
3. Published notices should give 30 to 45 days advanced notice of hearings/meetings.
4. Adopt a standardized protest letter form.
5. Disclose the criteria for counting and /or disqualifying a protest letter for each annexation.
6. Put annexation in.formation on the web page (City).
VOLUNTARY ACTIONS BY THE COUNTY
1. Notify all owners of property within the proposed annexation area upon notification of the
proposal by LAFCO.
2. Notify the Citizen's Advisory Committee on Annexations of a proposed annexation.
3. County staff knowledgeable in the annexation process should attend annexation
informational meetings held by the City.
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