HomeMy WebLinkAbout02/02/1993, 2 - PROPERTY OWNER ANNEXATION HEARING AND CONSIDERATION OF A RESOLUTION ORDERING TERRITORY DESIGNATED AS THE STONERIDGE II ANNEXATION (LAFCO ANNEXATION NO. 39) ANNEXED TO THE CITY OF SAN LUIS OBISPO. IIII�^I�III�II�IIII�I II MEETING DATE:
city or a
san tuts oBispo � - -93
COUNCIL ADEN®A REPORT ITEM NUMBER:
d
FROM: Arnold Jonas, Community Development Director;
BY: Pam Ricci, As ociate Planner FK
SUBJECT: Property owner annexation hearing and consideration of a
resolution ordering territory designated as the Stoneridge II
Annexation (LAFCo Annexation No. 39) annexed to the City of San
Luis Obispo.
CAO RECOMMENDATION
Adopt the resolution ordering territory designated as the
"Stoneridge II Annexation Area" annexed to the City of San Luis
Obispo.
BACKGROUND
On December 17, 1992 the Local Agency Formation Commission (LAFCo)
approved the Stoneridge II Annexation (resolution attached) .
LAFCo's action is the last discretionary approval required, and it
formally transfers jurisdiction for the 60-acre annexation area
from the County to the City.
Under state law, there is one more step before the annexation
becomes effective. A public hearing must now be held by a
"conducting authority" to allow property owners a final opportunity
to comment. LAFCo designated the. City of San Luis Obispo as the
conducting authority for the property owner hearing.
In this role, the City Council acts on behalf of LAFCo to receive
written property owner protests. Prior council approvals remain in
effect, and no further council approvals are needed. If a 50
percent or more landowner protest is not received, the conducting
authority must adopt a resolution approving the annexation.
Recent City Council actions on the Stoneridge II Annexation
include:
■ November 17, 1992: adopted Resolution No. 8087
exchanging property revenue between the City and County
of San Luis Obispo;
■ August 4, 1992: finally adopted Ordinance No. . 1217
prezoning 10.4 acres R-1-PD and 49 . 6 acres C/OS-40;
■ July 21, 1992: adopted Resolution Nos. 8036 and 8037,
amending the general plan from Interim Conservation/Open
Space to Low Density Residential for the 10.4 acres of
the annexation area where housing is proposed, and
recommending LAFCo approval of the Stoneridge II
Annexation;
��i�h1��►►�IIIIIIUIpu�ui�����ll city of San tins OBISpo
COUNCIL. AGENDA REPORT
Stoneridge II Annexation
Page 2
■ April 28, 1992: adopted Resolution No. 8005 certifying
the Final Environmental Impact Report for the Stoneridge
II Subdivision and Annexation.
CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION
If a 50 percent landowner protest is not received and the
resolution approving annexation is not adopted by the City Council,
responsibility for final action rests with the County Board of
Supervisors.
DISCUSSION
Annexation procedures are governed by the California Government
Code, which requires a public hearing by a "conducting authority",
acting on behalf of LAFCo, to give annexation area property owners
an opportunity to protest before an annexation becomes final. At
the protest hearing or within 30 days of the hearing, the
conducting authority must determine whether or not there is 50
percent or greater landowner protest of annexation, based on
written comments received prior to or at the hearing.
In the particular case of the Stoneridge II Annexation area, the
property is owned jointly by a husband and wife who are also the
project applicants. Therefore, the issue of property owner protest
is not really relevant, and the hearing is more of a forum for a
final Council action on the annexation.
What's Next
If there is no 1150 percent protest, " the City Clerk then forwards
the council resolution, plus a $250 Board of Equalization fee, to
the Executive officer of LAFCo who issues a "certificate of
completion. " The certificate is then recorded and sent to the
City, County Assessor and Auditor, State Board of Equalization, and
the Secretary of State, finalizing annexation.
The boundary change would take effect upon recording, and tax
transfer becomes effective starting with the new fiscal year on
July 1st, 1993 .
ALTERNATIVES
Alternative actions available to the council include:
2
���H�i�►►��IIIIIIIIIP°�u�l�1� city of San IDIS OBISpo
i COUNCIL AGENDA REPORT
Stoneridge II Annexation
Page 3
1. Adopt resolution finding s0 percent landowner protest.
As pointed out earlier in the report, this alternative is unlikely
given that the husband and wife who own the annexation area are
also the applicants for the proposed residential subdivision.
However, should such a protest be received, it would terminate
annexation proceedings for at least one year. After that time; if
the City wished to pursue annexation it would need to reapply to
LAFCo.
RECOMMENDATION
Adopt the resolution ordering territory designated as the
"Stoneridge II Annexation Area" annexed to the City of San Luis
Obispo.
ATTACHMENTS: Draft Resolution
Exhibit A: Stoneridge II Annexation Area map
Exhibit B: Legal Description
LAFCo Resolution
,�3
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
COUNTY OF SAN LUIS OBISPO, CALIFORNIA, ORDERING TERRITORY
DESIGNATED AS THE "STONERIDGE II. ANNEXATION" ANNEXED TO THE
CITY OF SAN LUIS OBISPO
WHEREAS, the Local Agency Formation Commission of the County
of San Luis Obispo adopted Resolutions No. 92-30, 92-31, 92-32 and
92-33 on December 17, 1992 , making determinations and approving the
proposed annexation as described in Exhibits A and B attached
hereto and by this reference, incorporated herein; and
WHEREAS, the terms and conditions of annexation as approved by
the Local Agency Formation Commission are as provided in said
resolution; and
WHEREAS, the reasons for this proposed annexation are to
accommodate urbanized areas within the City's jurisdictional
boundaries and provide appropriate urban services; and
WHEREAS, the regular county assessment roll is utilized by
this city; and
WHEREAS, the affected territory will be subject to taxes for
existing and/or future general bonded indebtedness of this city;
and
WHEREAS, the City Council certified the Final Environmental
Impact Report for the Stoneridge II Annexation on April 28, 1992,
pursuant to the California Environmental Quality Act, and with the
findings contained in City Council Resolution No. 8005 (1992
Series) ; and
,2-f/
Council Resolution No. (1993 Series)
Page 2
WHEREAS, a public hearing on this annexation was called for
and held by this Council at 990 Palm Street, on February 2, 1993 in
the City of San Luis Obispo, and the Council finds that the
property owners of the annexation area are also the applicants for
the proposed development of the property for which annexation has
been requested and they do not protest annexation, pursuant to
Section 35121 of the California Government Code.
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of San Luis Obispo hereby orders the territory described in
Exhibits A and B annexed, and directs the City Clerk to transmit a
certified copy of this resolution with applicable fees required by
Section 54902 . 5 of the Government Code to the executive officer of
the Local Agency Formation Commission of San Luis Obispo County.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1993 .
Mayor Peg Pinard
ATTEST:
Diane Gladwell, City Clerk
Council Resolution No. (1993 Series)
Page 3
APPROVED:
City Administrative Officer
JhV1 '�IA
C' tq ne
k,b.
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7
Community Dev 1 pment Director
Fi ance Director
Public Works Director
alwz j ov,
U ities Director
Attachments: Exhibit "A" , Stoneridge II Annexation area map
Exhibit "B", Legal Description of annexation area
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LEGENDL
EXISTING STONERIDGE I Project Location
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DEVELOPMENT 4
PROPOSED STONERIDGE II l' ` ; � LT ''r Y_, s►"�
DEVELOPMENT'
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TTM
PROPOSED OPEN SPACE I m
DEDICATION'
OUTLYING COUNTY REGIONS ='a ;:',•;`s•_ DA u
'THIS AREA IS CURRENTLY IN
THE COUNTY OF SAN LUIS OBISPO.
IMPLEMENTATION OF THE 5j 'Se '
PROJECT AS PROPOSED WOULD i =11 LUJ
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RESULT IN ANNEXATION TO THE CITY /cp O
N
O I s Y r rr r T'
'Reprodumd wrsn permission gramW by THOMAS BOOS.MAPS.
,his map s Csoyngnlec by THOMAS BROS MAPS II a un{awlul 1 L °` •° • ���
to COPY a epodt�all a anY pan Inereol, 41r%er for personaFEET
used resale.wllt,oul pemrss,on." a t'c ..•.•. - N
iRC F I G U R E
Environmental project Location Exhibit "A" 2�2
and Energy
Services Co.
3
EXHIBIT
September 21, 1992
STONERIDGE II ANNEXATION
Legal Description
All that portion of the remainder of Tract No. 1150, labeled "Not a Part", in
the County of San Luis Obispo, State of California as shown on the Map filed
in Book 13 of Maps at page 48 in the Office of the County Recorder of said
County described as follows. '
Commencing at a City standard street monument at the intersection of the
centerline of Rockview Place with the southeasterly line of said Tract No. 1150
as shown on said map; thence, along said southeasterly line, south 52' 03' 08"
west 625.97 feet to corner No. 66, being marked by. a 1V4" iron pipe tagged "LS
3877" as shown on said Map, said point being the True Point of Beginning and
a point on the existing City of San Luis Obispo city limit line; thence along said
citv limit line and the extension of the easterly line of said remainder north
05; 50' 26"west 678.53 feet to a point on the northerly line of said remainder,
also being a point on said city limit line; thence the following courses along
said northerly line and City limit line;
south 890 41' 05"west 910.28 feet;
south 840 26' 09"west 99.60 feet;
south 89" 40' 15"west 441.85 feet;
north 03' 57' 49" east 515.05 feet;
north 890 25' 21"west 1424.88 feet to the northwest corner of said remainder
being an angle point in said city limit line; thence along the city limit line, also
being the westerly line of said remainder, south 000 23' 05" east 602.61 feet;
thence leaving said city limit line and westerly line along the following courses;
south 890 25' 21" east 1046.53 feet;
south 44' 03' 13" east 257.16 feet;
south 610 12' 29" east 434.17 feet;
south 450 08' 04" east 438.41 feet;
south 360 09' 43" east 544.06 feet;
south 40" 34' 34" east 906.07 feet to the southwesterly terminus of the course
on the easterly Line of said remainder labeled north 350 34' 57" east 53.62 feet
I��V
Stoneridge 11 Annexation September 21, 1992
Legal Description Page 2
on said map of Tract 1150; thence the following courses along said easterly
line;
north 350 34' 57" east 53.62 feet;
north 560 36' 58" east 73.37 feet;
north 02' 51' 35" east 425.70 feet;
north 19'0 01' 50" east 48.26 feet;
north 740 55' 33" east .13.01 feet;
north 75" 00' 41" east 8.18 feet to a point on said city limit line; thence along
said city limit line north 050 50' 26" west 701.18 feet to the True Point of
Beginning.
Contaiuing.60 acres more or less.
•i0 -14
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:7om a `U.S. 4819 a9 sin
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,Z- 9
IN THE LOCAL AGENCY FORMATION COMMISSION
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Thursday, December 17, 1992
PRESENT: Commissioners, Laurence L. Laurent, Craig Pritchard, Chairman David
Blakely,Alternate Commissioner M.P. Gallagher
ABSENT: Commissioner Duane Picanco, Alternate Commissioners, Evelyn. Delany,
Larry Rathbun
RESOLUTION NO. 92-33
RESOLUTION MAKING DETERMINATIONS APPROVING
ANNEXATION NO. 39 TO THE CITY OF SAN LUIS OBISPO
(STONERIDGE II)
The following resolution is now offered and read:
WHEREAS,on December 8,1992 there was filed with this Commission a proposal
for Annexation of territory to the City of San Luis Obispo (Stoneridge II); and
WHEREAS,the Executive Officer has given the notices required by law and has
forwarded copies of his report to officers, persons, and public prescribed by law; and
WHEREAS,the matter was duy,set for public hearing at 9 a.m.on December 17,
1992,and the public hearing was duly conducted and determined and decision made on
December 17, 1992; and
WHEREAS, at said hearing, this Commission heard and received all oral and
written protests,objections,and evidence,which were made, presented, or filed, and all
persons present were given the opportunity to hear and be heard in respect to any
matter relating to said proposal and report; and
WHEREAS, the Commission duly considered the Environmental Impact Report
approved for this project,and reviewed and considered the information contained therein
and all comments received during the public hearing process: and
WHEREAS, the Commission duty considered the proposal and finds that the
territory proposed to be annexed is uninhabited; that the distinctive short form
designation of the territory proposed to be annexed is Annexation No.39 To The City Of
San Luis Obispo;that the territory proposed for annexation is located within the sphere
of influence and sphere of service of the City of San Luis Obispo;and that the proposed _
annexation should be approved
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Local Agency
Formation Commission of the County of San Luis Obispo,State of California,as follows:
1. That the recitals set forth hereinabove are true, correct, and valid.
2. That the legal description approved by this Commission is attached thereto,
marked Exhibit HP, and incorporated by reference herein as though set forth in full.
3. That Annexation No. 39 To The City of San Luis Obispo (Stoneridge II),
being further identified in the files of this Commission as file No. 7-R-92, is hereby
approved and the City of San Luis Obispo is authorized to initiate proceeding to annex
such territory, after notice and hearing.
4. That the Executive Officer of this Commission is authorized and directed to
mail certified copies of this resolution in the manner provided by law.
Upon motion of Commissioner Gallagher,seconded by Commissioner Pritchard,
and on the following roll call to wit:
AYES: Commissioners Gallagher, Pritchard, Laurent, Chairman Blakey
NOES:
ABSENT:
ABSTAINING:
the foregoing resolution is hereby adopted.
C amnan of said Local Agency
Formation Commission
ATTEST
Deputy Executive Officer
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM,JR.
County Counsel
By:
Deputy County Counsel
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
I,Robert E.Hendrix,Executive Officer of the Local Agency Formation Commission
said County and State,do hereby-certify the foregoing to be a full,true and correct copy
of the original on file in my office, and I have carefully compared the same with the
original.
WITNESS my hand this SLA day of SA^t cll" 1993.
ROBERT E. HENDRDC
Executive Officer
By: 1 V.
Deputy Executive Officer
MEETING AGENDA
DATE _Z_ tTENI#
COMMUNICATION ITEM
January 22, 1993
TO: Council Colleagues
FROM: Dave Romero
SUBJECT: STUDY OF INCREASED WATER SUPPLY
With the early filling of Margarita Lake we can expect regular overtopping of the spillway
for the remainder of this winter and spring, and perhaps next year as well. This water spills
to the Salinas River and eventually is wasted to the ocean. Meanwhile, Whale Rock Dam,
with its smaller watershed and lighter rainfall, is approximately half full.
It would appear quite possible,under this set of circumstances,to utilize the existing delivery
systems to pipe water from Margarita Reservoir to Whale Rock Reservoir, thus augmenting
our water supplies. To my knowledge there has never been an engineering study of this
possibility. It is my.preliminary observation that this could probably be accomplished with
minor modification of the existing delivery systems, however, there may be water rights,
environmental or political implications which might be more difficult to resolve.
In these times of uncertainty regarding augmentation of our water supplies, it is incumbent
upon us to investigate every reasonable possibility. As reluctant as I am to initiate another
consultant study, I believe the potential gains far outweigh the cost of a study.
I am hereby requesting Council concurrence in directing staff to prepare an RFP for a
feasibility study to augment our water supply in this manner.
DR:ss
c: John Dunn
h:waterrfp.rom
�..-ETING AGENDq4
DATE-nZ9-.2L ITEM x2ow.
January 25, 1993
COMMUNICATION ITEM
TO: Council Colleagues
FROM: Allen Settle
SUBJECT: STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM
I would like to request Council consensus to place this item at the next regular agenda
regarding SNAP (Student Neighborhood Assistance Program). It is important that this be
implemented before the Fall Quarter 1993.
Attached is the resolution passed by the Associated Students at Cal Poly.
/ss
Attachments:
Proposed resolution
SNAP Cal Poly Resolution
Whereas, the City of San Luis Obispo and the student residents recognize an existing
and on-going problem relating to disruptive social activities.
Whereas, the City of San Luis Obispo would like to establish a better relationship
with student residents.
Whereas, the student population recognizes a need to take a first step toward better
relations with the community
Whereas, the city and student government have jointly researched innovative
approaches to involve the student residents in securing a safer community by
assisting local law enforcement.
Whereas, that research has resulted in the formation of a program, hereafter
referred to as Student Neighborhood Assistance Program (SNAP), the goal of which
is to provide an opportunity for students to create a safer environment for
themselves and the community.
Whereas, with city staffs direction, Associated Students Inc. has passed a resolution
establishing their commitment to a partnership which would be mutually beneficial
to both the city and the students.
Be it resolved that this council stands in support of SNAP's formation.
Be it also resolved that this council directs staff to take immediate action to establish
such a program.
Be it also resolved that staff is directed to work with students and student
government to expand this new partnership.
Associated Students, Inc.
California Polytechnic State University
San Luis Obispo
BILL#93-01
STUDENT NEIGHBORHOOD ASSISTANCE PROGRAM (SNAP)
Article I. Origin
This bill is presented in accordance with Board of Directors Operational Code, Article VIII, Section C, by
Brent Hultquist, Board of Directors Vice Chair.
Article Il. Purpose
This bill is designed to establish an agreement by and between the City of San Luis Obispo (hereafter
and is
.city") and the Associated Students, Inc. of California State Polytechnic University
(hereafter"ASI")made and entered into in consideration of the mutual promises contained herein.
Article 111. Background
approaches to involve the student constituency in
The city and ASI have jointly searched for innovative
securing a safer environment by assisting local law enforcement, and have concluded that a program
involving students taking an active role in specifically defined crime prevention and order maintenance
orhood
activities within the community he eafter SNAP') sr to provide an opportunity for students utually beneficial. The goal of the to create aent safer
Assistance Program
environment for themselves and the community. SNAP participants will assist local law enforcementas
f student oriented
first responders to specified student-related calls for service, and provide a variety o
crime prevention services.
Article IV. Implementation
ay of ech week
SNAP will generally
w pbe pad ann
nhourly rate as establishedtbytwhile University on.
he Operat onal Ru esand Regulations.partic p
Work assignments will be from approximately 9:00 PM to 3:00 AM. There will generally be two teams o
SNAP members, consisting of two students each. The on-duty Police field supervisor will be responsible
for functional supervision of working SNAP members. However, of is rative eryson are needed.)shall d The City
remain
with ASI and their authorized agents. (Examples of these two typesP
and ASI shall jointly develop Operational Rules and Regulations for SNAP.
Eouioment
Each team will be equipped with the following:
1. ASI vehicle (clearly marked)
2. SNAP program cap and windbreaker
3. Police portable radio and holder
4. Police flashlight
5. Written Warning cards
Advisory Board
Oversight and review of SNAP shall be accomplished by an Advisory Board composed of:
1, Chief of San Luis Obispo Police Department or his designee
icer City of San Luis Obispo or his designee
2. Chief Administrative Off
3, ASI Representative
CO3*. a
v
4. Representative from neighborhood/community citizen's group
5. Representative from University Administration
6. Representative from Interfraternity Council
7. Representative from Panhellenic Council
8. Representative from Cuesta Community College
9. Representative from Cal Poly Public Safety Department
The Advisory Board shall be governed by Advisory Board by-laws, which shall be developed by the City
and ASI.
Fundin
The City will contribute funds for SNAP. The City shall contribute and ASI shall contribute
one vehicle, caps and windbreakers.
Police Authority
A SNAP member has no authority to use force or make arrests and will not personally intervene in any
situation that could endanger himself or herself, or any other person or property.
Indemnification
In exchange for ASI's participation in SNAP, the City agrees to indemnify and hold harmless ASI and its
agents, representatives, officers and employees from any and all loss, liability, claims, demands, damages
or costs arising out of any injury, death or property damage that may be suffered or incurred by
participants in the program or any other person, arising out of or in connection with operation of the
program, except that the City shall have no liability for damages or costs incident thereto caused by the
sole negligence of ASI, or its officers, employees or agents.
Insurance
City shall maintain in full force and effect during the term of the operation of SNAP general liability in the
sum of One Million Dollars (51,000,000) for injury to or death of any one person for each occurrence, and in
the sum of Two Million Dollars ($2,000,000) for injury to or death of more than one person for each
occurrence. Additionally,the City, as the Direct Employer of SNAP participants, shall maintain in full force
and effect during said term of operation of SNAP worker's compensation insurance for the benefit of all
paid participants of SNAP. Furthermore, upon acceptance of the title of the vehicle donated by ASI,the
city shall provide comprehensive automobile insurance.
Termination
This Agreement shall be effective upon execution and shall terminate two years from said execution date
unless it has been renewed by both parties. Prior to renewal of this Agreement,the City and ASI shall
make an evaluation review of SNAP and determine the continued need for such services following the
scheduled termination of this Agreement. This Agreement may be terminated at any time, by either parry,
without cause, upon thirty (30) day advance written notification.
OPERATIONAL RULES AND REGULATIONS
1. Each tour of duty will be from 9:00 PM to 3:00 AM with a briefing at 8:45 PM.
2. Any observed violations or crimes in progress will be immediately reported by radio
to the Police Department. Members will not take action in crime suppression activities, but will act
as the"eyes and ears" of the Police by reporting suspicious activity, crimes, etc.
3. Members will respond to assigned crime prevention services such as security surveys,
neighborhood watch programs, elder assistance programs, and other similar duties as assigned at
the discretion of the Advisory Board.
4. All members must successfully complete and consistently comply with the training
program administered by the Police Department. All members must complete and comply with all
training updates and refreshers administered by the Police Department or the ASI.
5. SNAP members will have frequent contact with the public and will be expected to
remain courteous, helpful, and respectful to everyone at all times. No vulgar, insulting, or
inflammatory language will be used by any member.
6. Members will periodically complete written reports as directed.
7. Members shall obey an order or instruction from a law enforcement officer at all times.
S. Members shall be exposed to confidential information from time to time. No
information or knowledge gained as a member of SNAP shall be discussed or in any way divulged
to anyone outside the chain-of-command.
9. All members must successfully complete entrance requirements.
10. Other rules and regulations may be adopted as appropriate.
ENTRANCE REQUIREMENTS
1. Must be enrolled in either California Polytechnic State University or Cuesta
Community College, and be carrying a class enrollment of nine or more units.
2. Must be at least 18 years of age.
3. Must make application to SNAP and successfully complete an oral interview
board and a modified background investigation.
4. Must be free of misdemeanor and felony convictions. Misdemeanor citations may
be excepted on a case-by-case basis.
5. Must possess a valid California driver's license and proof of active motor vehicle
insurance.
6. Must be willing to comply with all program rules and regulations.
CERTIFIED as true and correct copy ADOPTED at the regular
in witness thereof, I have set my hand meeting of the Board of
and seal of the Associated Students, Inc. Director by vote
this-,'j 1B _day of C)(!IT6, . 1992. on
1992.
ecr t ry, Board of Direct s Chair, Board of Directors /
ASI President
Sponsored by: Brent Hultquist, Vice Chair Board of Directors
p:biII9301