- Elizabeth Larson
- Posted On
LAFCo approves next steps in Lakeport annexation protest process
At its May 18 meeting, LAFCo approved the resolution after a break in which commission staff made updates and additions to the language at the request of both commission members and the city of Lakeport.
The annexation area includes 50 parcels totaling 137 acres in the area adjacent to South Main Street and Soda Bay Road and east of Highway 29.
On May 6, LAFCo hosted a brief, 15-minute meeting on May 6 at Lakeport City Hall, the purpose of which was to collect protests from registered voters living in the annexation and property owners, said LAFCo Executive Director John Benoit.
Benoit said the protests were sent to the Assessor-Recorder's Office and the Registrar of Voters Office. The result was that the owners of 16 of the 50 parcels — accounting for 36% of the land valuation — protested the annexation, triggering an election. At least a 25% protest total is required.
As a result, Benoit said LAFCo needed to ask the city to conduct an election consisting of the registered owners. “I don’t know how the city’s going to handle the election. That’s their business.
The city will then need to report back to LAFCo, so the commission can go forward one way or the other, he said.
Benoit said Lakeport will probably have a special mail-in election and will need to work with the county’s elections department.
During public comment, Justin Ratcliffe, who owns Premier Flooring at 53 Soda Bay Road, questioned the validity of the voters’ roll from the area and how it would be brought up to date. Benoit said the elections office had used its current list to validate the outcome.
City Manager Kevin Ingram said the city also shared a concern about the list’s authenticity, as at least one deceased person was listed on it.
He said the city has 45 days to take formal action. Ingram said he needs to do more research, but as he understood it, the city had three options: hold a mail-in ballot, consolidate with the Nov. 8 election or hold a special election on a date the city chooses. That third and final option is the most expensive.
“We do have a little bit of homework that we need to do,” he said, explaining that the Lakeport City Council is expected to take formal action during one of its two June meetings.
Ingram said the city was concerned that the resolution LAFCo had before it didn’t reference the affected territory as is required in Government Code. It’s also supposed to provide the question to be put to voters.
LAFCo alternate Commissioner Victoria Brandon asked if the question could be structured in such a way to be a yes vote for annexation or yes for protest.
Counsel Scott Browne said it relies on the elections code, and there isn’t much discretion in the language. However, he said it won’t refer to a protest. “The protest has passed.”
LAFCo Chair Bruno Sabatier wanted to take a break so staff could make the changes to the resolution then in order to accomplish the matter.
Another property owner in the proposed annexation area, Lisa Weiler, raised concerns about an accurate count of voters and a true assessment on the property value in the annexation area. She said both are contingent on who can vote and how LAFCo came to the decision on the protest.
Benoit said he had questions regarding Proposition 13, and the values that are established when someone purchases a property. He wasn’t sure if the rules regarding annexations were written before 1978 and never changed. “I think we should look into it as a statewide organization to fix that.”
Weiler said she didn’t think the 18 voters counted in the protest was a very high number.
In response to her concerns, Sabatier said, “Voting integrity is part of any election process,” and the elections office will follow state laws.
Commissioner Moke Simon said he was confident in Registrar of Voters Maria Valadez’s integrity.
Sabatier asked for, and received, commission consensus to take a break and make the suggested changes to the resolution.
Following two separate breaks, one 30 minutes and one five minutes, staff presented the updated resolution which the commission approved unanimously.
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