HomeMy WebLinkAbout09-17-2019 Item 07 - 2018-19 Grand Jury Report - response on fire risk management
Department Name: Fire
Cost Center: 8501
For Agenda of: September 17, 2019
Placement: Consent Item
Estimated Time: N/A
FROM: Keith Aggson, Fire Chief
Prepared By: Ryan Betz, Assistant to the City Manager
SUBJECT: RESPONSE TO THE 2018-19 GRAND JURY REPORT ON FIRE RISK
MANAGEMENT
RECOMMENDATION
Authorize the City Manager to submit a letter of response to the report on behalf of the City
Council, as required by the Grand Jury. (Attachment A)
DISCUSSION
On June 20, 2019, the San Luis Obispo County Grand Jury issued a report that analyzed issues
associated with managing the risk of wildfires in the seven cities and County of San Luis Obispo
(Attachment B). The report summarizes the challenges to decrease both the risks of wildfires and
their severity. The report states that the cities in San Luis Obispo County have created ordinances
and guidelines to assist property owners to minimize their risk of fire damage , primarily through
weed abatement and fuel reduction. In addition, the report addresses emergency planning,
evacuation plans and warning systems.
Grand Jury Findings
The Grand Jury's report focuses primarily on the absence of a County weed abatement ordinance
and highlights the various programs for each of the seven cities, the responsible department for
enforcement and the public’s access to this information. The report makes a series of
recommendations to address these issues, including a study to determine adequacy of state
regulations throughout the county jurisdictions and determines ways to properly supplement
them, a county-wide weed abatement ordinance and program, a chipping program, public
outreach and education, and a more robust warning system.
As it relates specifically to the City of San Luis Obispo, the Grand Jury report states: "The City
of San Luis Obispo is required to respond to Recommendations 4 and 7."
Response to Grand Jury Findings and Recommendations
Recommendation 4. The County and all city fire jurisdictions should offer a chipping program
similar to Atascadero. Funds may be available through the Fire Safe Program. A plan for this
should be accomplished by the end of the 2019-2020 fiscal year.
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Response: The recommendation will be further investigated as an option to community fuel
reduction projects as part of the recently completed San Luis Obispo City Community
Wildfire Protection Plan (CWPP). The CWPP addresses fuel reduction as part of Strategic
Policy FL1.4 Identify private/public partnerships for fuel reduction projects, and FL12.3
Create and maintain defensible space for critical infrastructure. Fuel reduction projects to
create defensible space may incorporate the use of chipping as part of the removal technique.
The City of Atascadero program provides residents in the Intermix area curbside chipping of
hazard fuels cut and removed by the homeowner. The City of San Luis Obispo is an Interface
community with limited opportunities for a similar program as most fuels are landscape
material that is best discarded through the green-waste system.
The City Fuels Committee made up of the Fire Marshal, Public Works, City Rangers, Natural
Resource Manager, City Biologist, is collaboratively working to address vegetative
management of hazard fuels throughout the community. This committee will discuss and
investigate the option of a grant funded curbside chipping program to address specific high
hazard areas that may benefit from the program.
Recommendation 7. Cities should investigate installing additional warning systems where there
are no existing sirens. A draft plan should be finalized by the end of fiscal year 2019-2020.
Response: The recommendation will not be considered for the City of San Luis Obispo. The
City has clear policy and a variety of mechanisms to communicate emergency information to
the public which include:
1. Early Warning System (EWS) Route Alerting Area Sirens for Protection Action Zone
(PAZ) 8 (SLO City)
a. The San Luis Obispo County Early Warning System (EWS) sirens are located
throughout the Emergency Planning Zone (EPZ). Although the siren system was
installed as one of the requirements related to the operation of Diablo Canyon Power
Plant, the sirens can be used for any local emergency where there is a need for the
public to act. When activated, the sirens will sound for three minutes. The sirens are
an indication that the Emergency Alert System (EAS) has been activated, and
emergency information will be provided on local radio and television stations.
2. Early Warning System (EWS) Route Alerting Kit for Protection Action Zone PAZ 8
(SLO City) EWS Failure
a. In the event the San Luis Obispo County Early Warning System (EWS) sirens fail
individually or altogether, a back-up system which includes PAZ zone maps and
handheld megaphones can be used to alert the affected public areas. Staff has
received training on activation procedures, equipment and actions to be taken.
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Item 7
3. Sheriff Reverse 911
a. Reverse 911 through the San Luis Obispo Sheriff Office, is an opt-in system. Recent
updates have improved the system; phone calls will be made much quicker now. It
has 30,000 lines so the calls can be placed within minutes instead of hours.
4. SLO County Office of Emergency Services (OES) – Integrated Public Alert and Warning
System (IPAWS)
a. Wireless Emergency Alerts (WEAs) are used to send concise, text-like messages to
WEA-capable mobile devices during emergency situations. WEAs are sent by your
state and local public safety officials, the National Weather Service, the National
Center for Missing and Exploited Children, and the President of the United States.
b. This means SLO County OES can send Wireless Emergency Alerts (WEA) to cell
phones including cell phones that come into our specified area when our alert is
active and Emergency Alert System (EAS) messages to radio stations and television
stations are sent out.
5. City of San Luis Obispo Social Media – Instagram, Twitter and Facebook
a. City Fire Department Public Information Officer and Chief Officers may use “Twitter
Alerts” function to deliver up to date, vetted and credible information to the public
through push notification. This medium allows for urgent safety alerts to be shared
and reduces misinformation.
b. City Instagram account may be used to deliver up to date, vetted and credible
information to the public through push notification. This medium allows for urgent
safety alerts to be shared and reduces misinformation.
c. City Facebook account may be used to deliver up to date, vetted and credible
information to the public through posting. This medium allows for urgent safety alerts
to be shared and reduces misinformation.
6. News Media (TV & Radio)
a. The City and Fire Department have access to the three primary news sources in SLO
County, KSBY, KCOY and KEYT televisions stations. During an emergency,
information can be released through the City or FD Public Information Officer to
these outlets including radio stations. All news outlets have online/apps with push
notification.
Policy Context
The authority under which the City is required to respond to the Grand Jury is identified in
sections 933.05 (a-f) of the California Penal Code (Attachment C). The City’s written response
will be sent to Presiding Judge Ginger Garrett and to the Grand Jury (Attachment A).
Public Engagement
This item is on the agenda for the September 17, 2019 City Council meeting and will follow all
required postings and notifications. The public may comment on this item at or before the
meeting.
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CONCURRENCE
City Administration concurs with the review and response to the Grand Jury’s 2018-19 Report.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2019-20
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact to the City resulting from the City’s response to the Grand Jury Report.
ALTERNATIVES
If the City Council does not concur with the above responses, the Council should provide
direction to staff as to how to revise the final response to the Grand Jury.
Attachments:
a - City Manager letter of response to the Grand Jury Report
b - Fire Risk Management - Cities do it - Why not the County
c - CA Penal Code 933 through 933.05
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Item 7
City of San Luis Obispo, Office of the City Manager, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114, slocity.org
September 18, 2019
Presiding Judge Ginger Garrett
Superior Court of California
1035 Palm Street Room 355
San Luis Obispo, CA 93408
Re: Grand Jury Report entitled “Fire Risk Management: Cities Do It – Why Not the County”.
Dear Judge Garrett:
This letter constitutes the response of the City of San Luis Obispo to the San Luis
Obispo County Grand Jury report titled “Fire Risk Management: Cities Do It – Why Not the
County” (hereinafter the “Report”). This response is submitted in compliance with Penal
Code 933.05. A copy of this response is concurrently being transmitted to the Grand Jury.
The Report sets forth five findings and eight recommendations. The City of San Luis
Obispo has been required to respond to Recommendations 4 and 7.
Recommendation 4. The County and all city fire jurisdictions should offer a chipping
program similar to Atascadero. Funds may be available through the Fire Safe Program. A
plan for this should be accomplished by the end of the 2019-2020 fiscal year.
Response: The recommendation will be further investigated as an option to community fuel
reduction projects as part of the recently completed San Luis Obispo City Community
Wildfire Protection Plan (CWPP). The CWPP addresses fuel reduction as part of Strategic
Policy FL1.4 Identify private/public partnerships for fuel reduction projects, and FL12.3
Create and maintain defensible space for critical infrastructure. Fuel reduction projects to
create defensible space may incorporate the use of chipping as part of the removal technique.
The City of Atascadero program provides residents in the Intermix area curbside chipping of
hazard fuels cut and removed by the homeowner. The City of San Luis Obispo is an Interface
community with limited opportunities for a similar program as most fuels are landscape
material that is best discarded through the green-waste system.
The City Fuels Committee made up of the Fire Marshal, Public Works, City Rangers, Natural
Resource Manager, City Biologist, is collaboratively working to address vegetative
management of hazard fuels throughout the community. This committee will discuss and
investigate the option of a grant funded curbside chipping program to address specific high
hazard areas that may benefit from the program.
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Item 7
Recommendation 7. Cities should investigate installing additional warning systems where
there are no existing sirens. A draft plan should be finalized by the end of fiscal year 2019 -
2020.
Response: The recommendation will not be considered for the City of San Luis Obispo. The
City has clear policy and a variety of mechanisms to communicate emergency information to
the public which include:
1. Early Warning System (EWS) Route Alerting Area Sirens for Protection Action Zone
(PAZ) 8 (SLO City)
a. The San Luis Obispo County Early Warning System (EWS) sirens are located
throughout the Emergency Planning Zone (EPZ). Although the siren system was
installed as one of the requirements related to the operation of Diablo Canyon
Power Plant, the sirens can be used for any local emergency where there is a need
for the public to act. When activated, the sirens will sound for three minutes. The
sirens are an indication that the Emergency Alert System (EAS) has been
activated, and emergency information will be provided on local radio and
television stations.
2. Early Warning System (EWS) Route Alerting Kit for Protection Action Zone PAZ 8 (SLO
City) EWS Failure
a. In the event the San Luis Obispo County Early Warning System (EWS) sirens fail
individually or altogether, a back-up system which includes PAZ zone maps and
handheld megaphones can be used to alert the affected public areas. Staff has
received training on activation procedures, equipment and actions to be taken.
3. Sheriff Reverse 911
a. Reverse 911 through the San Luis Obispo Sheriff Office is an opt-in system.
Recent updates have improved the system; phone calls will be made much quicker
now. It has 30,000 lines so the calls can be placed within minutes instead of hours.
4. SLO County Office of Emergency Services (OES) – Integrated Public Alert and Warning
System (IPAWS)
a. Wireless Emergency Alerts (WEAs) are used to send concise, text-like messages
to WEA-capable mobile devices during emergency situations. WEAs are sent by
your state and local public safety officials, the National Weather Service, the
National Center for Missing and Exploited Children, and the President of the
United States.
b. This means SLO County OES can send Wireless Emergency Alerts (WEA) to cell
phones including cell phones that come into our specified area when our alert is
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Item 7
active and Emergency Alert System (EAS) messages to radio stations and
television stations are sent out.
5. City of San Luis Obispo Social Media – Instagram, Twitter and Facebook
a. City Fire Department Public Information Officer and Chief Officers may use
“Twitter Alerts” function to deliver up to date, vetted and credible information to
the public through push notification. This medium allows for urgent safety alerts
to be shared and reduces misinformation.
b. City Instagram account may be used to deliver up to date, vetted and credible
information to the public through push notification. This medium allows for
urgent safety alerts to be shared and reduces misinformation.
c. City Facebook account may be used to deliver up to date, vetted and credible
information to the public through posting. This medium allows for urgent safety
alerts to be shared and reduces misinformation.
6. News Media (TV & Radio)
a. The City and Fire Department have access to the three primary news sources in
SLO County, KSBY, KCOY and KEYT televisions stations. During an
emergency, information can be released through the City or FD Public Information
Officer to these outlets including radio stations. All news outlets have online/apps
with push notification.
Respectfully submitted,
Derek Johnson
City Manager
Cc: San Luis Obispo County Grand Jury
P.O. Box 4910
San Luis Obispo, CA 93403
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FIRE RISK MANAGEMENT
CITIES DO IT – WHY NOT THE COUNTY?
California has a long history of wildfires, and in recent years there have been devastating fires
causing great loss of life and property. Some of these fires burn for months. The threat of future
fires is a reality that we have to live with. One way to minimize the effect of wildfires is to reduce
the amount of fuel that feeds them.
SUMMARY
While San Luis Obispo County’s vulnerability to wildfires is not necessarily the same as in other
counties, we do have similar climate and drought problems. There is no way to prevent a serious
fire from happening, but there are steps the county and individuals can take to decrease both the
risks of fires starting and their severity. The cities in San Luis Obispo County have created
ordinances and guidelines to assist property owners to minimize their risk of fire damage. The
County itself, however, has yet to create a weed abatement ordinance.
It should be everyone’s goal to find ways to increase safety.
In addition to minimizing fuel for wildfires and reducing risk, we can find better uses of technology
and infrastructure. We can also improve communications about evacuation plans in case of
emergency and provide clearly defined evacuation routes. The recent Paradise fire is a good
example of the need for clear evacuation routes.
PURPOSE
The Grand Jury was unable to identify the existence of any weed abatement policy by San Luis
Obispo County (SLOCO). We believe this lack of policy increases the risk of extensive damage
in the event of fires. City jurisdictions each have their own weed abatement policies, and we
wanted to investigate the benefits of the county having its own ordinance.
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ORIGIN
This report is an internal report produced by the SLOCO 2018-2019 Grand Jury. The problem first
came to our attention at a Board of Supervisors meeting. Our interest was fueled by the devastation
of recent California fires, and the need for SLOCO to better prepare for and minimize similar
losses anywhere within the County.
AUTHORITY
California Penal Code section 925 authorizes the Grand Jury to investigate and report on the
operations, accounts, and records of a county officer, department or function.
PROCEDURE
The investigation started with an analysis of news accounts and the official websites of Cal Fire,
SLOCO Fire, and other agencies.
We interviewed fire officials from multiple agencies and asked them to present to us their
department’s policies and procedures regarding weed abatement. During the interview process we
discovered that the terms “weed abatement” and “fuel reduction” do not necessarily mean the same
thing and are sometimes used interchangeably.
NARRATIVE
Weed abatement is the term used in most regulations aimed at reducing the available fuels for fires.
In our investigation we learned of each city’s weed abatement and fuel reduction programs. Several
counties in California have weed abatement regulations of their own but SLO County instead
follows fuel reduction guidelines set within State Responsibility Areas (SRA), Public Resources
Code (PRC) 4290 & 4291, which are then enforced by Cal Fire SLO.
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DEFINITIONS
• Weed Abatement is defined by county fire agencies within cities and community service
districts as removal of grass and weeds on lots/parcels as prescribed by each agency to be
completed within a given time period during a calendar year. Fines and liens against
offending parties can be levied for non-compliance.
• Fuel reduction is defined by county fire agencies as mowing or discing (plowing) dry
heavy grass to less than 4 inches in height, removing dead and dying brush and trees, and
the process of limbing up trees (trim tree foliage to a minimum of 4 feet above the ground)
to reduce the risk of ground fire laddering into trees, and chipping dead vegetation.
CITY REGULATIONS/POLICIES
Atascadero (www.atascadero.org)
Clearance requirements of vegetative growth (noxious weeds)
Maximum height of 4 inches
• Located within 100 feet of any building or structure, or to the property line, whichever is
nearer
• Located within 50 feet from the edge of any improved roadway
• Located within 50 feet from each property line
• Located within 10 feet on each side of driveways
Exemptions shall apply to any land beyond 50 feet from improved streets, as declared by the City,
State or Federal Government which has been acquired or is managed, for one or more of several
purposes, which can be found on the City of Atascadero website. Additional clarifications are also
listed on the website.
As part of Atascadero’s very successful weed abatement program, they have a chipping program
using their own chipper. If residents reduce their fuel/weed problem, and haul their own wood
debris to the street, the city will come by and chip it for free.
Five Cities (www.fivecitiesfireauthority.org/weedabatement)
Guidelines published by the Five Cities Fire Authority state in part:
All combustible materials and/or noxious and dangerous weeds, taller than 4”, growing
upon or in front of the property … must be abated by removal and remain abated throughout
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the fire season. Clearing of R-A lots (one acre or more) requires mowing or disking of a
thirty foot (30’) wide break around the property perimeter down to mineral soil.
The guidelines also state that property owners must comply with a deadline. Failure to do so will
require the Fire Authority to have a contractor clear the property and charge the property owner.
This could result in a lien upon such property until the payment is made.
Morro Bay (www.morro-bay.ca.us/142/Abatement-Guidelines)
Current guidelines from the Morro Bay Fire Department are:
• Clear all empty lots to no more than 4 inches high by mowing or weed eater. No discing or
rototilling is permitted.
• Remove dead bushes, tree limbs, excess trash, wood and other combustibles.
• All cuttings within 10 feet of adjoining properties, streets or sidewalks must be removed,
and sidewalks, gutters and street frontage shall be left clean. No piles or clumps shall be
left on the property, however, finely cut materials may be scattered, providing materials
will not blow onto adjoining properties or streets.
Paso Robles (www.prcity.com/484/Weed-Abatement)
Guidelines for weed abatement cutting are published by the Paso Robles Department of
Emergency Services and include:
• Clear lots by mowing or discing to a maximum height of 4 inches. This includes vegetation
that may be green now, but dries later. Remove all cuttings.
• Clearance shall be a minimum of 50 feet in width at the perimeter of a parcel and from any
roadway, a minimum of 100 feet around all structures, and 50 feet around oak trees.
• Clear dead leaves, weeds, brush, trees, and tree limbs
• Driveways must be cut a minimum of 10 feet on both sides
• Easement is defined as from the property line to the street, and is the responsibility of the
property owner
The enforcement procedure for non-compliance is well defined. Last year there was only one
parcel that required action. Previously weed abatement/fuel reduction was a seasonal program, but
now it is year-round.
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San Luis Obispo (www.slocity.org)
The City of San Luis Obispo has no “weed abatement ordinance” posted on their website, but we
found this narrative concerning “vegetation management.”
From the SLO City Website – Vegetation Management
Fire Safe Landscaping
Homes in the San Luis Obispo Local Very Fire Hazard Severity Zones are required to
maintain a minimum of 100 ft. around the house and any important structures clear of
hazardous vegetation. Certain plants and trees are also discouraged as they contribute to
firefighting or fire spread problems. Until irrigated, FireWise landscaping is installed, keep
weeds mowed to less than 6" from April through November.
Defensible Space
A defensible space is the base around your home that will give firefighters a fighting chance
against fire. It means clearing all dry grass, brush and dead leaves at least 100 feet from
your home, and more if on the crest of a hill. The key here is "at least.” Call the Fire
Prevention Bureau to determine what would be appropriate in your area. Defensible space
and a fire safe landscape don't mean a ring of bare dirt around your home. When
establishing your landscape, keep trees furthest from your house, shrubs can be closer, and
bedding plants and lawns are nearest the house.
Spacing
Eliminate the "fire ladder." Fire needs fuel to burn. You can sap its strength by robbing it
of the continuous sequence of vegetation that can carry flames from your landscape to your
house.
Group plants of similar height and water requirements to create a "landscape mosaic" that
can slow the spread of fire and use water most efficiently.
Space trees at least 10 feet apart, and keep branches trimmed at least 10 feet from your
roof. Remove lower branches within six feet of the ground.
Managing Natural Vegetation
For areas where there is not irrigated landscaping keep weeds mowed to less than 6" from
April – November. Mow along any roads and driveways. Keep at least 100' mowed around
any structure (including a neighbor's home or buildings).
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Discouraged Plants: Do not use the following plants in the Local Very High Fire
severity Zones:
Fir -- Acacia -- California Sagebrush -- Arborvitae
Cedar -- Cypress -- Coyote Brush -- Chamise
Eucalyptus (Gum) -- Juniper -- Eualia Grass -- Pampas Grass
Larch -- Palm -- Fountain Grass -- Black Sage
Spruce -- Pine -- Bamboo -- Arborvitae
Pepper Tree -- Tamarisk -- California Sagebrush -- Japanese Hunnysuckle
Buckwheat -- Hemlock -- Algerian Ivy
Brooms -- Red Shanks
Maintenance
Keep your landscape healthy and clean. Prune and thin shrubs, trees and other plants to
minimize the fuel load. Please keep in mind that open spaces outside of the City limits are
not managed. It is your responsibility to make your own property fire safe. Do weed
mowing before 10:00 am. Once temperatures are hot and humidity low, any spark in the
dry grass can start a fire.
SLO COUNTY
The County does not have a weed abatement ordinance in place.
Defensible areas located within SRAs are subject to the state weed abatement law (PRC 4290 &
4291), and county agencies enforce that law. The County has no ordinance to enforce weed
abatement in areas not covered by state law. The County has the responsibility to control roadside
vegetation, but does not do so uniformly. County land located within city limits is also subject to
the weed abatement laws of the city in which it is located.
EMERGENCY PLANNING
Evacuation Plans
All interviewed fire officials said they had evacuation plans for their jurisdictions. These
evacuation plans are not well-known nor readily available to the communities. Coastal
communities in SLO County are all locked to Highway 101 with limited routes eastward or
westward. Paso Robles and Atascadero do have some options. It is unknown if there are plans with
adjacent counties to restrict traffic into and out of SLO county on Highway 101 to allow for more
efficient evacuation in the event of an emergency.
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Warning Systems
There is an existing siren system within the county that was built and is maintained by PG&E.
This system is currently limited to warnings concerning the Diablo Canyon nuclear power plant,
and is not being used in connection to wildfires or any other purpose, though such use is permitted.
A reverse 911 system already exists and automatically sends warning messages to landline
telephones. This system does not automatically send messages to phones connected via the internet
(VoIP) or to mobile phones, and not enough of the public at large understand they must opt in to
receive this service. There are currently no regulations or technology in place to mandate automatic
messaging to these types of phones.
The county has made it relatively easy for most people to opt in for this reverse 911 service. It can
be done on the Sheriff’s website or by mail, but there is currently no phone number to call to
initiate receiving this service. The web address explaining how this service works along with the
simple procedure to accomplish this is: https://www.slosheriff.org/reverse_911.php
The county currently has Public Service Announcements explaining how to opt in to the reverse
911 service, but this does not seem to be reaching a large enough segment of the population.
FINDINGS
F1. All urban areas (city jurisdictions) have weed abatement ordinances that are comparable.
F2. San Luis Obispo County has no weed abatement ordinance, which was also a finding in a
report written by Cal Fire and presented to the Board of Supervisors (BoS) in April of
2017. We were unable to find any response to this report by the BoS.
F3. Information about evacuation plans is not readily available to the general public. This
could present confusion and difficulty for residents, many of whom have limited
evacuation routes.
F4. The reverse 911 system is under-utilized by county residents. Registering for this system
can be accomplished via the county Office of Emergency Services (OES) or Sheriff’s
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department websites. There is no telephone number available to accomplish this
registration. Public Service Announcements alone are not reaching enough people.
F5. The Diablo Canyon early warning siren system is currently funded by PG&E and is now
used solely for Diablo Canyon incidents. If the County plans to maintain this system, there
could be a funding problem when Diablo Canyon closes.
RECOMMENDATIONS
R1. A study should be done to determine the adequacy of state regulations throughout county
jurisdictions and determine ways to properly supplement them. This should be
accomplished by the end of the 2019-2020 fiscal year.
R2. As recommended in the previously cited 2017 Cal Fire report, the BoS should implement
a county-wide weed abatement ordinance, which should also include agricultural
properties. This should be accomplished by the end of the 2020-2021 fiscal year.
R3. The County should develop a weed abatement ordinance that is consistent with the cities’
regulations.
R4. The County and all city fire jurisdictions should offer a chipping program similar to
Atascadero. Funds may be available through the Fire Safe Program. A plan for this should
be accomplished by the end of the 2019-2020 fiscal year.
R5. The County should work with the cities in a concerted effort to educate the public on
detailed and coordinated evacuation plans. Various ways to disseminate this information
may include all types of county or city mail communications. Public Service
Announcements, websites, and other forms of communication are also informative.
R6. Plans should be implemented to incorporate the PG&E siren warning system to be used
as an evacuation warning system for any and all emergencies where evacuation is
warranted.
R7. Cities should investigate installing additional warning systems where there are no existing
sirens. A draft plan should be finalized by the end of fiscal year 2019-2020.
R8. The Sheriff’s Office should provide Reverse 911 registration information to county and
city agencies for dissemination via bills or other routine mail communication. This
information should include a procedure for registering by phone.
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COMMENDATIONS
Atascadero’s chipping program has been a successful element of their weed abatement programs,
making it easier for residents to maximize their cooperation.
REQUIRED RESPONSES
Board of Supervisors shall respond to F2, F3, F4, F5, R1, R2, R3, R4, R5, R6, R8
County Fire Chief shall respond to F2, R4
County Sheriff shall respond to F4, R8
County Office of Emergency Services shall respond to F3, F4, F5, R5, R6, R7
Paso Robles Fire shall respond to R4, R7
Morro Bay Fire shall respond to R4, R7
San Luis Obispo City Fire shall respond to R4, R7
Five Cities Fire shall respond to R4, R7
The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior
Court by August 6, 2019. Please provide a paper copy and an electronic version of all responses
to the Grand Jury.
AGENCY RESPONSE REQUIREMENTS
The Penal Code Section 933.05 that specifies the format and methodology for agency responses is
listed below. All agency respondents are required to respond to all findings and recommendations
in the following manner:
• If the respondent disagrees wholly or partially with an item, the respondent must elaborate
on the portion of the item that they disagree with, and provide an explanation.
• If a respondent notes that an item will be implemented in the future, the response must
include a timeframe for implementation.
• If a respondent notes that an item requires further analysis, the agency must include in the
response an explanation of and the scope of what will be studied and the timeframe needed
for the study. The timeframe for follow-up from the agency cannot exceed six months.
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• If the item will not be implemented or is not reasonable, the respondent is required to
provide a detailed explanation.
933.05. Findings and Recommendations
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding
person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response
shall specify the portion of the finding that is disputed and shall include an explanation of
the reasons therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the
responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented
action.
(2) The recommendation has not yet been implemented, but will be implemented in the
future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and
parameters of an analysis or study, and a timeframe for the matter to be prepared for
discussion by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable. This
timeframe shall not exceed six months from the date of publication of the grand jury
report.
(4) The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefore.
Presiding Judge Grand Jury
Presiding Judge Ginger Garrett
Superior Court of California
1035 Palm Street, Room 355
San Luis Obispo, CA 93408-1000
San Luis Obispo County Grand Jury
P.O. Box 4910
San Luis Obispo, CA 93403-4910
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California Penal Code Sections 933 through 933.05
Section 933 – Final Reports
(a) Each grand jury shall submit to the presiding judge of the superior court a final report of its
findings and recommendations that pertain to county government matters during the fiscal or
calendar year. Final reports on any appropriate subject may be submitted to the presiding
judge of the superior court at any time during the term of service of a grand jury. A final
report may be submitted for comment to responsible officers, agencies, or departments,
including the county board of supervisors, when applicable, upon finding of the presiding
judge that the report is incompliance with this title. For 45 days after the end of the term, the
foreperson and his or her designees shall, upon reasonable notice, be available to clarify the
recommendations of the report.
(b) One copy of each final report, together with the responses thereto, found to be in compliance
with this title shall be placed on file with the clerk of the court and remain on file in the
office of the clerk. The clerk shall immediately forward a true copy of the report and the
responses to the State Archivist who shall retain that report and all responses in perpetuity.
(c) No later than 90 days after the grand jury submits a final report on the operations of any
public agency subject to its reviewing authority, the governing body of the public agency
shall comment to the presiding judge of the superior court on the findings and
recommendations pertaining to matters under the control of the governing body, and every
elected county officer or agency head for which the grand jury has responsibility pursuant to
Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with
an information copy sent to the board of supervisors, on the findings and recommendations
pertaining to matters under the control of that county officer or agency head and any agency
or agencies which that officer or agency head supervises or controls. In any city and county,
the mayor shall also comment on the findings and recommendations. All of these comments
and reports shall forthwith be submitted to the presiding judge of the superior court who
impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file
with the clerk of the public agency and the office of the county clerk, or the mayor when
applicable, and shall remain on file in those offices. One copy shall be placed on file with
the applicable grand jury final report by, and in the control of the currently impaneled grand
jury, where it shall be maintained for a minimum of five years.
(d) As used in this section "agency" includes a department.
933.05. Findings and Recommendations
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding
person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response
shall specify the portion of the finding that is disputed and shall include an explanation of
the reasons therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the
responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented
action.
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(2) The recommendation has not yet been implemented, but will be implemented in the
future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and
parameters of an analysis or study, and a timeframe for the matter to be prepared for
discussion by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable. This
timeframe shall not exceed six months from the date of publication of the grand jury
report.
(4) The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefore.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel
matters of a county agency or department headed by an elected officer, both the agency or
department head and the board of supervisors shall respond if requested by the grand jury,
but the response of the board of supervisors shall address only those budgetary or personnel
matters over which it has some decision making authority. The response of the elected
agency or department head shall address all aspects of the findings or recommendations
affecting his or her agency or department.
(d) A grand jury may request a subject person or entity to come before the grand jury for the
purpose of reading and discussing the findings of the grand jury report that relates to that
person or entity in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet with the subject of that investigation
regarding the investigation, unless the court, either on its own determination or upon request
of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report
relating to that person or entity two working days prior to its public release and after the
approval of the presiding judge. No officer, agency, department, or governing body of a
public agency shall disclose any contents of the report prior to the public release of the final
report.
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