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CITY OF SAN LU I S O B I S P O
FROM: Elaina Cano, City Clerk
Kim Murry, Deputy Director, Long Range Planning
SUBJECT: CALLING AND GIVING NOTICE OF A SPECIAL ALL MAILED
BALLOT MUNICIPAL ELECTION ON NOVEMBER 15, 20119 AND
REQUESTING ELECTION SERVICES FROM THE SAN LUIS OBISPO
COUNTY ELECTIONS DIVISION FOR THE ORCUTT AREA
ANNEXATION
RECOMMENDATION
1. Adopt resolutions that will:
a. Call for, and give notice of a Special All Mailed Ballot Municipal Election on Tuesday,
November 15, 2011, and request that the San Luis Obispo County Elections Official
conduct the November 15, 2011, Special All Mailed Ballot Municipal Election.
b. At an All Mailed Ballot Special Municipal Election to be held on November 15, 2011,
submit a proposed measure to the voters in the Orcutt annexation area to determine
whether the Orcutt Area Annexation to the City ordered by the Local Agency Formation
Commission(LAFCO) should be confirmed.
c. Set priorities for filing written arguments regarding the City measures and acknowledging
the LAFCO Executive Director shall prepare an impartial analysis.
2. Appoint an ad hoc committee of the City Council to prepare and submit ballot arguments
and rebuttal arguments, if warranted.
DISCUSSION
Background
The Orcutt Area has been identified in the City's General Plan as a residential expansion area
since the 1970's. Policy 1.12.3 of the Land Use Element adopted in 1994 says that no portion of
the Orcutt Area may be annexed before a specific plan is prepared for the whole expansion area.
In 1998, the City accepted a planning application from several Orcutt Area property owners
requesting approval of a draft specific plan that they had prepared. After the plan was submitted,
the City began working with all Orcutt Area property owners and other stakeholders to develop a
recommendation based on input from the property owners, the school district, and General Plan
policy input from staff. After many revisions, a revised draft was prepared in 2002, and the City
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OASP Annexation Election Page 2
Council approved preparation of an environmental impact report (EIR) to evaluate the draft
specific plan.
In 2005, the Orcutt Area Specific Plan (OASP) draft EIR was near completion when changes to
the Urban Reserve Line associated with adoption of the Airport Area Specific Plan made a new
traffic study necessary. During the time it took for the new traffic study to be prepared, the City
and property owners took advantage of the down-time to update the OASP based on all of the
environmental studies that had been completed with the intent to create a self-mitigating specific
plan. In other words, all of the mitigation measures from the final EIR are now reflected directly
in the OASP land use plan, policies and programs, or are listed in Appendix C for immediate
reference.
The OASP was considered over 13 years, through eight Planning Commission hearings that
incorporated input received from owners and residents and the County Airport Land Use
Commission. After additional consideration by the City advisory bodies through their respective
hearings, including the Parks and Recreation Commission, the Bicycle Advisory Committee, the
Cultural Heritage Committee and the Architectural Review Commission, the OASP was adopted
by the City Council in March, 2010. The final plan includes provisions for up to 979 homes
including affordable housing; a central commercial area envisioned to accommodate up to 15,000
square feet of retail and office space; 20 acres of parks and open space (including Righetti Hill);
bike trails, creek corridor and wetland habitat protection; provisions to accommodate a
neighborhood elementary school; and homesite protection for those owners who are not
interested in developing their properties. Development is anticipated to occur over 20 to 30
years.
Council Authorization of Annexation Application
On September 21, 2010, the City Council adopted a resolution of intent to annex the Orcutt Area
in its entirety along with supporting actions such as pre-zoning and adopting development impact
fees that will apply to future development in the area. This authorization directed staff to file an
application with the Local Agency Formation Commission (LAFCO) to initiate the annexation
process. LAFCOs were created in 1963 in the post-World War II development boom in response
to premature and unplanned development patterns which created inefficient and expensive
systems of delivering public services. LAFCOs are authorized under the California Government
Code and the powers, procedures and functions are regulated by a section called the Cortese-
Knox-Hertzberg Act. LAFCO is required to review and approve or disapprove proposals for
boundary changes of cities.
In this case, the Council opted to sponsor the annexation to reflect the City's commitment to
orderly growth, provision of land zoned for housing development, and to implement the adopted
General Plan. All of the land proposed for annexation is located within the City's Sphere of
Influence, updated in 2006, which designated this area as one of the City's logical growth areas.
The Council opted to sponsor the annexation application in order to facilitate implementation of
the Orcutt Area Specific Plan and obtain open space easements.
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OASP Annexation Election Page 3
Status of Annexation
Annexation will be "invisible" to the residents in the area. No changes or additional
requirements or taxes apply to residents or owners. Annexation will not affect tenant-owner
relationships or contracts nor will it require renters to move out. It does not require residents to
discontinue uses that have been legally established on their properties. The City will not "take"
property or make physical improvements to property upon annexation. The City will not apply
any liens or financing assessments to properties. Residents and owners will still have the ability
to maintain their septic systems and wells.
On April 21, 2011, the LAFCO board conducted a public hearing and took unanimous action to
approve the annexation. The Executive Officer provided notices of LAFCO's action to the
property owners and registered voters in the area and scheduled a protest hearing on June 16,
2011. The hearing was continued that hearing to July 18, 2011. On July 22, 2011, the Executive
Director provided a notice to the City Clerk indicating that based on the written protests
submitted by the registered voters in the area, a vote of the registered voters within the
annexation area is required(Attachment 1).
What happens if annexation is terminated?
City staff, property owners and many residents in the area have collaborated for over a decade to
create a Specific Plan for the area. While the Specific Plan will remain in place regardless of any
annexation decision, the annexation is the mechanism by which this designated residential
expansion area will have access to City services to enable development.
The City's General Plan Housing Element relies on the residential capacity of this Specific Plan
area to meet the state required regional housing needs allocation. The State Department of
Housing and Community Development certified the Housing Element only after a program was
added to show the City's commitment to make the Orcutt Area's residential capacity available
through an annexation application. Since the City sponsored the annexation application to
LAFCO, the program has been completed even if the outcome for this City-sponsored application
is not successful.
If the annexation vote terminates the annexation, LAFCO rules prohibit a substantially similar
application from being filed for a year. However, property owners will be able to submit
individual annexation and development applications. Each owner will be responsible for
submitting applications to both the City and to LAFCO requesting annexation. However, this
piecemeal approach does not reflect efficient, orderly development. If properties were annexed
individually, it could lead to hopscotch patterns of jurisdictional boundaries and development
with confusing assignments for emergency response, road maintenance, and access to City
services.
Tonight's actions
Call the Election
Government Code Section 5700(e) of the Cortese-Knox-Hertzberg Act indicates that once a
Council is informed that a determination has been made that requires an election, the Council
shall "Call, provide for, and give notice of a special election upon that question." Ordinance 1559
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OASP Annexation Election Page 4
(2011 Series), Attachment 3, and Ordinance 1563 (2011 Series), Attachment 4, enables the
Council, by resolution, to call a mailed ballot election for any purpose. Pursuant to Elections
Code § 12001, the City Council shall adopt a resolution calling the election.
Attachment 5 and Attachment 6 are the resolutions calling a special election to be held on
November 15, 2011, and ordering submission of a proposed measure to the registered voters within
the Orcutt Area (hereafter referred to as "the voters"). The question to be placed before the
voters is whether the territory designated as Annexation No. 79, also known as the Orcutt
Specific Plan Area, shall be annexed to the City of San Luis Obispo.
In addition to Ordinance 1559, the election will be conducted solely by mailed ballot pursuant to
the Cortese-Knox-Hertzberg Act, Chapter 1, commencing with Section 4000 of Division 4 of the
Elections Code and pursuant to Government Code section 57125. All State election regulations
will apply, including Fair Political Practices Commission (FPPC) Campaign Disclosure
regulations. Any group financially supporting or opposing this election will need to form a
Ballot Measure Committee.
Priority for Written Arguments
Elections Code Section 9282 sets priorities for filing written arguments and states: (b) For
measures placed on the ballot by the legislative body, the legislative body, or any member or
members of the legislative body authorized by that body, or any individual voter who is eligible
to vote on the measure, or bona fide association of citizens, or any combination of voters and
associations, may file a written argument for or against any city measure. Based on dates
established by State law, primary ballot arguments would have to be submitted to the City Clerk
no later than Tuesday, August 30, 2011. The public examination period for these arguments
would be from August 31 through September 9,2011.
It is recommended that the Council appoint an ad hoc subcommittee consisting of two of its
members to prepare and submit ballot and rebuttal arguments, if warranted. (Note: public funds
may not be used for these purposes. These committee members will meet on their own time and
not utilize City resources.) Alternatively, the Council could direct staff to schedule a special
meeting of the Council during which the entire Council could review and sign the argument.
On July 20, 2010, the Council adopted Resolution No. 10203 (2010 Series), Attachment 6,
adopting provisions for rebuttal arguments. Pursuant to Section 9285(b) of the Elections Code,
no further action is required to enable the submittal of rebuttal arguments. The deadline for
submitting rebuttal arguments is also dictated by State law and would be Friday, September 9,
2011. The public examination period for rebuttal arguments would be from September 10
through September 19, 2011.
Impartial Analysis
Additionally, this Resolution requests LAFCO Executive Officer prepare an impartial analysis on
the measure as required by the Cortese-Knox-Hertzberg Act governing annexations. Within five
days after a special election is called, the Executive Officer shall forward to the commission, for
its approval and/or modification, an impartial analysis of the proposed change of organization.
The impartial analysis shall not exceed 500 words in length in addition to a general description of
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OASP Annexation Election Page 5
the boundaries of the territory affected. The deadline for submission of the impartial analysis to
the City Elections Official is September 9, 2011.
CONCURRENCES
The City Attorney and Community Development Department Staff have reviewed the attached
Resolutions.
FISCAL IMPACT
An all mailed ballot special election for 54 voters will cost the City approximately $2,000. The
City shall reimburse the County of services performed when the work is completed and upon
presentation to the City of an invoice. The cost may vary slightly based on the total number of
registered voters at the time ballots will be mailed. While this expense was not anticipated as
part of the 2011-13 Financial Plan, sufficient budget authority exists within the General Fund to
support this expense.
ALTERNATIVES
Direct the election to be held on a different date. Council could direct staff to schedule the
election on a different date. This is not recommended. The November 15`h date meets election
code requirements and provides an election date that is prior to major holidays and consistent
with a Tuesday election day. While City Council has a regularly scheduled meeting that day, the
property in question is within the unincorporated area of the County and the election will be
hosted by the County Clerk-Recorder's office.
ATTACHMENTS
1. LAFCO Notice of the Final Results for the OASP annexation protest hearing
2. FAQs sent to property owners and residents in the OASP annexation area
3. Ordinance 1559
4. Ordinance 1563
5. Draft Resolution Calling the November 15, 2011, Special Election
6. Draft Resolution Ordering Submission of a Proposed Measure to the Voters in the Orcutt
Annexation Area
7. Draft Resolution Setting Priorities for Filing Written Arguments
8. Resolution 10203
TACouncil Aeenda Reports\CityClerk CAR\08-16-1 IOAS P-CAR-Election.doc
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ATTACHMENT 1
CION
`O LAFCO - San Luis Obispo - Local Agency Formation Commission
gSLO LAFCO- Serving the Area of San Luis Obispo County
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TO: ELAINA CANO, CITY CLERK
COMMIONERs FROM: DAVID CHURCH, LAFCO EXECUTIVE OFFICER®
RICHARD ROBERTs
Chair,Public Member DATE: JULY 229 2011
BRUCE GIBSON
Vice Chair, SUBJECT: FINAL RESULTS FOR THE PROTEST HEARING OF THE
County Member ORCUTT AREA ANNEXATION TO THE CITY OF SAN
MURILCUFT LUIS OBISPO LAFCO FILE #4-R-10
Special District Member
On July 18, 2011 at 9:05 a.m. the LAFCO Executive Officer (E.O.)
FD EBY conducted the Protest (Conducting Authority) Hearing pursuant to the
Special District Member Cortese-Knox-Hertzberg Act and as delegated by the Commission under
LwEsR.PArrERSON Government Code Section 57000(c). The Protest (Conducting Authority)
County Member Hearing regarding the Orcutt Area Annexation was held in a conference
DUANE PICANCO room next to the Board of Supervisors Chambers, at 1055 Monterey
City Member Street, County Government Center, San Luis Obispo, California. Based on
the written protests submitted by the registered voters in the area, a vote
KRIS VAROAS of the registered voters within the annexation area is required. The report
City Member documenting the final results is attached.
ALTERNATES
Pursuant to Government Code 57000(d) the City Council is to direct the
ROBERTA FONZI elections official to conduct the necessary election. Specifically, the
City Member Council is requested to do the following:
FRANK R. MECHAM
County Member ■ Call, provide for, and give notice of a special election or elections
TOM MURRAY upon that question; and
Public Member
VACANT ' Set a date for the election.
Special District Member
The elections official is to designate precincts and polling places and to
STAFF take any other action necessary to call, provide for and give notice of the
DAVID CHURCH special election and to provide for the conduct and the canvass of returns
Executive Officer of the election.
RAYMOND A. G
Legal Coounselnsel The attached resolution forwards the Orcutt Area Annexation to the City
for a vote by the registered voters residing within the affected territory.
MIKE PRATER
Analyst
DONNA 1.BLOYD
Commission Clerk cc: Members, Formation Commission
Kim Murry, Deputy Community Development Director
1042 Pacific Street, Suite A • San Luis Obispo, California 93401
Tel: 805.781.5795 Fax: 805.788.2072 vvww.slolafco.com B4-6
O ATTACHMENT 1
IN THE LOCAL AGENCY FORMATION COMMISSION
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Monday, July 18, 2011
RESOLUTION NO. 2011-04
RESOLUTION REGARDING THE CONDUCTING AUTHORITY HEARING FOR ANNEXATION
NO.79 TO THE CITY OF SAN LUIS OBISPO(ORCUTT SPECIFIC PLAN AREA)
The following resolution is now offered and read:
WHEREAS,the City of San Luis Obispo approved a Resolution of Application on September 21,
2010 regarding the Orcutt Area Annexation; and
WHEREAS,the matter was set for public hearing at 9:00 a.m.on April 21,2011 before the Local
Agency Formation Commission("Commission"), and the public hearing was duly conducted and a
decision to approve the annexation was made at said hearing; and
WHEREAS, at said hearing the 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 the proposal and report;an
WHEREAS, the Commission has delegated the performance of the Conducting Authority
Hearing to the Executive Officer pursuant to Government Code Section 57000(c)
WHEREAS,the Executive Officer has given the notices required by law and.forwarded copies of
his report to officers, persons and public agencies prescribed by law; and
WHEREAS, the Conducting Authority Hearing (Protest Hearing)scheduled for June 16, 2011
was continued to July 18, 2011; and
WHEREAS, conducting Authority Hearing was conducted on July 18, 2011 in the conference
room next to the Board of Supervisors Chambers in the City of San Luis Obispo at 9:05 a.m.
NOW,THEREFORE,BE IT RESOLVED AND ORDERED that the change of organization is
hereby ordered subject to an election since the number of protests filed and not withdrawn reached
the threshold pursuant to Government Code Section 57075.The following information is provided as
required by Government Code Section 57115`. B4_7
ATTACHMENT 1
Resolution No. 2011-04
Page 2 of 2
"Shall the Orcutt Area Annexation to the City of San Luis Obispo ordered on April 21,
2011 by the San Luis Obispo Local Agency Formation Commission be confirmed subject
to the terms and conditions specified in the approval?"
3. That Orcutt Area Annexation No. 79 to the City of San Luis Obispo is hereby approved by
the Commission with the following conditions:
A. Prior to filing the Certificate of Completion with the State Board of Equalization, the
proponent shall submit to LAFCO documentation of a perpetual open space easement
recorded on the Righetti Hill property(Righetti Hill Open Space dedication and Righetti
Ranch Home Site Open Space) as provided in Figure 2.4 of the Orcutt Area Specific
Plan. The open space easement shall be reviewed and approved by the Executive
Officer and LAFCO Counsel.
B. Prior to filing the Certificate of Completion with the State Board of Equalization, the
proponent shall submit an agreement between the County and City that allows the
County to complete all outstanding permits filed with the County within the annexation
area including building and planning permits. The agreement shall be reviewed and
approved by the Executive Officer and LAFCO Counsel.
C. Prior to filing the Certificate of Completion with the State Board of Equalization, the
proponent shall submit revised legal descriptions and.map revisions to be reviewed and
approved by the County Surveyor.
4. If a majority of the votes cast by registered voters within the area are "yes," then the
annexation shall be ordered. If the majority of the votes cast are"no"then the annexation
shall be terminated.
5. The Election shall be conducted pursuant to the Government Code section 57125 and other
applicable election laws.
The foregoing resolution is hereby approved.
David Church Date
LAFCO Executive Officer
APP OVED FORM AND LEGAL EFFEC :
iO C
Raymon A. Bierin Dile
LAFCO Legal Counse B4-8
ATTACHMENT 9
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0 0 ATTACHMENT 1
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LAFCO - San Luis Obispo - Local Agency Formation Commission
SLO LAFCO-Sewing the Area of San Luis Obispo County
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TO: INTERESTED PARTIES
COMMISSIONERS
RICHARD ROBERTS FROM: DAVID CHURCH, LAFCO EXECUTIVE OFFICE
6
Chair,Public Member
DATE: JULY 21, 2011
BRUCE GIBSON
Vice Chair, SUBJECT: FINAL RESULTS FOR THE PROTEST HEARING OF THE
County Member ORCUTT AREA ANNEXATION TO THE CITY OF SAN LUIS
MURIL QIFT OBISPO LAFCO FILE#4-R-10
Special District Member
On July 18, 2011 at 9:05 a.m. the LAFCO Executive Officer (E.O.) conducted the
ED EV Protest (Conducting Authority) Hearing pursuant to the Cortese-Knox-Hertzberg
Special District Member Act and as delegated by the Commission under Government Code Section
JAMES R.PATTERSON 57000(x). The Protest (Conducting Authority) Hearing regarding the Orcutt Area
County Member Annexation was held in a conference room next to the Board of Supervisors
Chambers, at 1055 Monterey Street, County Government Center, San Luis
DUANE PICANCO Obispo, California. This was the date and time of the hearing for the submittal or
City Member withdrawal of written protests from registered voters and/or property owners
within the annexation boundary area. Oral protests were considered as well.
City Member KRIS Based on the written protests submitted by the registered voters in the area, a
vote of the registered voters within the annexation area will be required.
A MNATES
Registered Voters Results. A total of 26 written protests by registered voters
ROBERTA FONZI were submitted to LAFCO. Two of these protests stated that they were residents
City Member outside the annexation area and, therefore, were not submitted to the County
FRANK R. MECHAM Clerk for review. The balance of the written protests (24) were submitted to the
County Member County Clerk to: 1) Identify the total number of registered voters in the
annexation area as of the end of the hearing on July 18, 2011 (54), and 2)
Tom MURRAY Validate that the written protests submitted to LAFCO were from registered
Public Member voters in the area (22). Two written protests were considered invalid. The
VAS, address on one protest form was found to be outside of the annexation area.
Special District Member Another protest form was filled out with the incorrect address. These two invalid
protests did not affect the outcome of the protest process. The following table
STAFF summarizes the written protests received from registered voters within the area:
DAVID CHURCH WRITTEN PROTESTS-REGISTERED VOTERS
Executive Officer Total Registered Voters Within the Annexation Area 54
RAYMOND A.BIERING Total valid written protests received 22
Legal Counsel Percent of registered voters protesting annexation 40.74%
MIKE PRATER Pursuant to Government Code Section 57075, the annexation will be subject to a
Analyst
vote of the registered voters within the annexation area. Attached is a list of all
DONNA J.BLOYD registered voters in the area prepared by the County Clerk and a list verifying the
Commission Clerk status of each protest form reviewed by the Clerk.
1042 Pacific Street, Suite A • San Luis Obispo, California 93401
Tel: 805.781.5795 Fax: 805.788.2072 www.slolafco.com B4-10
ATTACHMENT 1
San Luis Obispo LAFCO Orcutt Area Annexation
July 21, 2011 Page 2
Property Owners. The number of property owners protesting the annexation did not reach 25%
and the percent of land value did not reach 25%. A total of 13 written protests from people
indicating that they are land owners in the area were submitted and reviewed by the Assessors
Office. A land owner is anyone who owns a percentage of a specific property within the
annexation area and is on the Assessor's Tax Roll. According to the Assessor's Office, seven of
the 13 protests were listed as land owners on the tax roll. The total value of the properties is
also provided by the Assessor's Office as is the total value of the properties protesting the
annexation. The table below summarizes the written protests submitted by property owners and
the value of those properties:
PROPERTY OWNERS
Total Property Owners within the Annexation Area 47
Total valid written protests received 7
Percent of property owners protesting annexation 14.89%
LAND VALUE
Total Land Value of all properties within annexation area $5,278,113
Total Land Value of valid protests $394,172
Percent of land value owned by valid property owner rotests 7.46%
The Executive Officer has determined the validity and number of written protests consistent with
Government Code Sections 56707, 56708, and 56710. These code sections identify the
procedures that are used to tabulate the written protests. The Orcutt Area annexation is subject
to a vote of the registered voters within the area to be conducted by either the City or the
County.
cc: Members, Formation Commission
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B4-14
- ATTACHMENT 1
Office of the County Clerk-R
ecorder
COUNTY OF SAN LUIS OBISPO • 1055 MONTEREY ST.RM.D120 • SAN LUIS OBISPO,CA 93408 • (805)781-5080/5088
JULIE L.RODEWALD MELANIE FOSTER
COUNTY CLERK RECORDER Administrative Service Officer
TOMMY GONG
ASSISTANT COUNTY CLERK RECORDER
July 19, 2011
SLO LAFCO
1042 Pacific Street, Suite A
San Luis Obispo, CA 93401
Attn: David Church
Mr Church,
Please find attached the results of the search in our voter registration database of the individuals filing
written protest forms during the Orcutt Area Annexation Protest Hearing on July 18, 2011.
If you have any further question, please feel free to contact me at 805-781-5235.
Sincerely,
Tommy Gong
Assistant County Clerk-Recorder
B4-15
ATTACHMENT 1
July 18,2011 LAFCO Orcutt Area Annexation Protest Hearing
Results of Voter Registration Status of Individuals Filing Written Protest Forms:
Sarah Chappel, i-Active,as Sarah Christine Linck
Audrey Collar, -Active
Jamie Declue -Active
David Farmer, -Active,
Lorene Frank Farrior, •Active
Josephine Elle Farrior, -Inactive
Jack H.Farrior, -Active
Kelly Anne Fontes, -Active
Kory Fontes, -Active
Lauren Fontes, -Active
Brian Ghiglia, -Active
Mark Green, I-Active
Victoria Hall,, -Active
Garney B.Hall, -Active,
Phyllislmel,. -Active
Jerry Richard Imel,: -Active
Mallory Kraft, -Active
Chris Lovato, -Active
Linda Alan Mike[ '-Active
David Stanley Mike[, -Active
TarikMiller, " -Active
Tanya Schild, -Active
Steven Sorenson, - ' -Active
David Wolfson,37 -Active
B4-16
' Attachment 2
June 20, 2011
SUBJECT: Orcutt Area Annexation to the City of San Luis Obispo-a progress update
You will soon be receiving information regarding a "protest hearing' — part of the
process to make your neighborhood a part of the City of San Luis Obispo, from LAFCO
(the Local Agency Formation Commission). LAFCO will provide information regarding
the upcoming hearing on July 18, 2011, along with information about filing or
withdrawing a protest, but we wanted to take this opportunity to answer some questions
and provide contact information in the event you have additional questions or concerns.
Property owners and residents of the expansion area do not have to take any action in
order to be annexed. However, you may have questions as to how the change in
jurisdiction will affect your property or your status as a resident in the area. The
following list is intended to help answer some common questions. However, if you have
other questions or need more specific information,please feel free to contact City staff or
LAFCO staff. We are more than happy to assist.
Q. Will my property taxes go up once the property is annexed?
A. No. Property taxes will not change upon annexation. If new development is
added to the property, the property value will be adjusted to reflect the new
development,however, this would apply regardless of jurisdiction.
Q. Will the City apply development standards or "take" portions of my
property upon annexation?
A. No. There is an adopted plan that will guide future development, but
development standards will be triggered only upon a property owner-initiated
application to develop and solely to the property subject to the development
request.
Q. Will the City cut down trees on my property upon annexation?
A. No. The City will not cut down trees. If an owner initiates development on their
property that necessitates trees to be removed, replacement trees will be required.
Q. If I am a renter,will annexation require me to move out of my residence?
A. No. Property owner-tenant agreements are not affected by annexation.
Q. Will any other liens or assessments apply to my property upon annexation?
B4-17
J Attachment 2
June 2011 Page 2
A. No. The City will not apply any liens or financing assessments to property in the
area upon annexation.
Q. How soon will development occur?
A. The approved Orcutt Area Specific Plan describes the ultimate development of
the area and anticipates that this will occur over a 20-25 year time period. The
speed at which the area develops will be determined by the property owners
themselves—the plan provides standards to guide the future development but does
not mandate how quickly it occurs. Minor construction activity that is currently
taking place has been permitted under County jurisdiction and will be allowed to
be completed under County rules and standards.
Q. Will I have to discontinue uses that are ok under County jurisdiction such as
agricultural uses or home businesses once annexed to the City?
A. No. Any legally-established use may continue after annexation even though they
may not normally be allowed within the City limits.
Q. There is existing development on my property that uses a private well and
septic system - will I be forced to connect to City water and sewer service
once annexed?
A. No. Only new development projects (new houses or subdivisions, for example)
will be required to connect to City services. Owners will be able to repair and/or
replace septic systems and wells in the event of failure. Existing development
will not be required to connect, but will have the option when it makes financial
sense for the property owner to do so.
Q. What emergency services does the City provide?
A. After annexation. occurs, City Police and Fire service will be immediately
available to the newly incorporated area. This means that City Police will
routinely patrol throughout this area, and City Fire will be the first responders in
case of a fire or other emergency event. The City of San Luis Obispo operates a
Class II Fire Department (rated by the Insurance Service Office on a 1-10 scale
with 1 highest), and each fire company rides with a paramedic.
Q. How do I get access to water and sewer service?
A. The approved Orcutt Area Specific Plan describes where water and sewer main
locations should occur. Phasing of proposed development in the area will
determine whether a particular property must wait for certain infrastructure
improvements to occur or will need to provide infrastructure and receive
reimbursement for oversized improvements.
Q. What is the cost of annexation?
B4-18
Attachment 2
June 2011 Page 3
A. There is no cost for annexation to the owners in the Orcutt Area. If a private
property owner was interested in applying for annexation to the City, fees would
apply for both the City and to the Local Agency Formation Commission process—
in total, about $24,000. This amount does not include the cost of preparing the
annexation map, which must be done by a Registered Civil Engineer or Licensed
Surveyor. The City of San Luis Obispo is undertaking this effort and
accommodating these costs without passing them on to property owners in the
annexation area which is why annexation is free to you. This process offers value
to property owners in the area and allows the City to plan for its services in a
more efficient way.
Q. What will the zoning of my property be?
A. A copy of the pre-zoning map for the Orcutt Area is attached. This pre-zoning
will become the official property zoning of your property once annexation is
complete. Please contact Community Development at 781-7170 if you have any
questions about allowed uses or the development potential of your property.
If you have specific questions about your circumstances our staff is happy to discuss
them with you in more detail. At this time, the LAFCO protest hearing date has been
continued to July 18, 2011. You will continue to receive information regarding decision
points relative to the annexation as it progresses through the LAFCO process.
The City welcomes your participation in the annexation process. If you have any
questions, please contact Phil Dunsmore, Senior Planner, for additional information at
781-7522,or via email at pdunsmore@slocity.org.
We look forward to welcoming you to the City of San Luis Obispo.
Phil Dunsmore Kim Murry
Senior Planner Deputy Director, Long Range Planning
pdunsmorAslocityorg kmurr ZWocity.org
781-7522 781-7274
LAFCO Staff
David Church, Executive Director
dchurch@lafco.org
781-5795
B4-19
Attachment 2
June 2011 Page 4
Orcutt Area Annexation
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B4-20
ATTACHMENT 3
ORDINANCE NO. 1559(2011 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO RELATING TO THE
CONDUCT OF MAILED BALLOT ELECTIONS
WHEREAS, pursuant to the authority granted under Section 301 of the City Charter,the
City Council desires to provide procedures for conducting special municipal elections for any
purpose by mailed ballot.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo that any special municipal election may be conducted as an all-mail ballot election in
accordance with the provisions of Sections 1 through 11 of this ordinance.
SECTION 1. Scope of Mailed Ballot Elections. Any special municipal election
specified herein may be held as a mailed ballot election for any purpose.
SECTION 2. Any mailed ballot election may be conducted, and the votes thereof
canvassed, and the returns thereof made, and the result thereof ascertained and determined, as
herein provided; and in all particulars not prescribed by this ordinance, said elections shall be
held as provided by the general laws of the State of California for the holding of municipal
elections in the City. The Elections Official is hereby authorized and directed to take all actions
necessary to conduct said special elections as provided herein and as required by law.
SECTION 3. Dates for Special Municipal Elections. The date for any mailed ballot
special municipal election shall either be on a date set by the California Elections Code sections
1000, 1001,or 1500,or on any other date set by resolution of the City Council.
SECTION 4. Drop-off Centers, The Elections Official, or his or her designee
(hereinafter"Elections Official"), shall establish the official ballot drop-off centers. The official
drop-off centers shall be open during normal business hours 29 days before Election Day on
weekdays (excluding holidays) and on Election Day from 7:00 am. to 8:00 p.m., and at that
time, shall be closed
SECTION 5. Provision of Ballot Materials. The Elections Official shall provide to each
registered voter appropriate supplies necessary for the use and return of the ballot by mail.
A. Each ballot mailed by the Elections Official shall be accompanied by a ballot
pamphlet and instructions for return of the ballot, including the location of the official ballot
drop-off centers for the special election, and the date and time by which such ballot must be
received at the official ballot drop-off centers to be counted for the election.
B. Each ballot mailed by the Elections Official shall be accompanied by an official
return envelope.
C. The return envelope shall bear the following information, to be printed thereon by
the Elections Official or provided by the voter, as appropriate:
01559
B4-21
ATTACHMENT 3
Ordinance No. 1559 (2011 Series)
Page 2
1. A notice that the envelope contains an official ballot and is to be opened only by the
canvassing board.
2. A warning plainly printed that voting more than once constitutes a crime.
3. A declaration of the voter, under penalty of perjury, that he or she resides within the
precinct in which he or she is voting and is the person whose name appears on the
envelope.
4. The residence address of the voter as shown on the affidavit of registration.
5. The signature of the voter.
6. The date of signing.
7. If the ballot will be returned in person by someone other than the voter, the voter's
handwritten designation of that person by name, and a declaration signed by the voter,
under penalty of perjury, that said adult person has been authorized by the voter to return
the ballot.
D. The Elections Official shall not commence to mail the ballot and election
materials prior to the 29th day before the election, and shall complete the mailing no later than
the 10th day prior to the election.
E. The failure of any registered voter to receive an official ballot shall not invalidate
any election conducted pursuant to this Chapter.
SECTION 6. Return of Ballots.
A. Ballots may be returned by regular, certified or registered United States mail,
overnight commercial carrier or in person. Ballots returned in person may be returned to the
official drop-off centers. The Elections Official may include a notice to voters to the effect that
they are permitted to return the voted ballot by regular, certified, or registered United States mail
or overnight commercial carrier.
B. All ballots shall be delivered, by mail to the Elections Official or in person by the
voter or other authorized person to the official ballot drop-off centers no later than 8:00 pm. on
the date of the special election. Any ballot received by the Elections Official by mail or at the
official ballot drop-off centers after 8:00 p.m. on the date of the Special Election shall not be
accepted or counted. However, if at the time of the announcement that the poll is closed there
are any voters inside the official ballot drop-off centers who have not been able to deposit their
official ballot envelope with the election officials there, the election officials shall continue to
accept envelopes from such voters until all have had the opportunity to deliver their ballots.
B4-22
ATTACHMENT 3
Ordinance No. 1559(2011 hcries)
Page 3
C. Any ballot returned in person shall be returned by the voter who was authorized to
cast the ballot or by an adult person designated and authorized, in said voter's own handwriting,
in the appropriate place provided by the Elections Official on the outside of the return envelope.
Any person who shall deliver any other voter's ballot to the official ballot drop-off
centers shall, at the time of such delivery, personally sign, in the presence of the Elections
Official or a Deputy Elections Official, a declaration under penalty of perjury relating to such
designation, authorization and delivery on a form to be furnished by the Elections Official.
D. The Elections Official shall establish appropriate procedures for verifying the
signature and residence address of each voter casting a mailed ballot. Upon receipt at the
Elections Official's office,the Elections Official or a Deputy Elections Official shall compare the
signature on each envelope with that appearing on the affidavit of registration of such voter and,
if determined to be the same, deposit the ballot, still in the official return envelope, in a ballot
container in the Elections Official's office. If the ballot is rejected on the basis of such
comparison, the envelope shall not be opened and the ballot shall not be counted, and the cause
of rejection shall be noted on the face of the envelope. A variance between the signatures caused
by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot.
No ballot shall be removed from its envelope until the time for processing. No ballot shall be
rejected on the basis of this subsection after the envelope has been opened.
SECTION 7. Official Ballot Drop-off Centers. The Elections Official shall establish the
appropriate procedures and famish the necessary staffing to ensure the secrecy and adequate
security of ballots returned to the officially designated ballot drop-off centers.
SECTION S. Absent Voter.
A No application need be made by any voter for an absentee ballot for this special
election conducted entirely by mail and, except as otherwise provided in this ordinance, the
provisions of Division 3 (Section 3000 et seq.) of the Elections Code of the State of California
shall not apply to this special election; provided, however that any voter who has qualified as a
permanent absentee voter under the Elections Code shall receive and return a ballot in the
manner provided herein for all other voters. The return of the mailed ballot conforming in all
particulars to the requirements of this ordinance shall be accepted as an absentee ballot on behalf
of any voter who is absent from the City on the date of the election.
B. Any registered voter who will be absent from the City prior to the mail-ballot
election to and including the date of the election may file a written application with the City
Clerk to receive an absentee mailed ballot at an address other than the.voter's residence. The
application shall be filed following the adoption of the resolution calling the mailed ballot
election and on or before the seventh day prior to the election. The application shall show the
voter's place of residence and the address to which the ballot should be mailed,and state that the
voter will be unable to receive and return the mailed ballot by the election date, and shall be
signed by the applicant under penalty of perjury. No voter who requests an absentee mail ballot
shall be required to return or surrender a duplicate mailed ballot sent to the voter's residence.
B4-23
ATTACHMENT 3
Ordinance No. 1559 (2011 Series)
Page 4
SECTION 9. Provisional Ballots. Any registered voter who has not already cast his or
her vote may obtain a ballot at the official drop-off centers, The drop-off centers shall provide
the necessary materials to enable voters to cast their votes in person, in accordance with the
provisional ballot provisions of the Elections Code.
SECTION 10. Processing of Ballots. Notwithstanding any provision in the California
Elections Code, the Elections Official may commence processing the ballots no earlier than the
seventh working day prior to the election. However, the Elections Official shall not release any
results until 8:00 p.m. on the day of the special election.
SECTION 11. Effective Date. This ordinance, being an ordinance calling, ordering and
relating to an election,shall take effect immediately from and after its adoption.
SECTION 12. If any part of this ordinance is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remainder of the ordinance shall remain in full force
and effect and shall in no way be affected,impaired,or invalidated
SECTION 13. A summary of this ordinance approved by the City Attorney shall be
published at least once in a newspaper of the City of San Luis Obispo at least three (3) days
before its adoption.
INTRODUCED on the 15th day of March 2011, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo, on the 5th day of April,2011,on the following vote:
AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh
and Mayor Marx
NOES: None
ABSENT: None
I aG
M or an Marx
ATTEST:
— L_160,4 _ hereby Certify#W this da unit 18 a true
Elaina Cano Ans., vP -.�rigmai of OrdFnanoa No.d.�- ,
1110 - .: ;,,an;:e was published ptamrAm
City Clerk dr sectsun 602.
APPROVED AS TO FORM•
J. a Detrick
CityAttorney
B4-24
� ATTACHMENT 4
ORDINANCE NO. 1563 (2011 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SAN LUIS
OBISPO MUNICIPAL CODE CHAPTER 2.42 GOVERNING
MAILED BALLOT ELECTIONS
WHEREAS,pursuant to the authority granted under Section 301 of the City Charter, the
City Council adopted Ordinance Number 1559 (2011 Series) on April5, 2011 governing the
conduct of mailed ballot elections; and.
WHEREAS, the City Council desires to amend Chapter 2.42 to ensure clarity in the
administration of its elections and to facilitate the broadest voter participation in municipal
elections;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo that Chapter 2.42 (Mailed Ballot Elections) of the City of San Luis Obispo Municipal
Code is hereby amended as follows:
SECTION 1. Section 2.42.050 (Drop-Off Centers) of Chapter 2:42 is amended to read
as follows:
The elections official, or his or her designee (hereinafter "elections off cial'D, shall
establish the official ballot drop-off centers. At least one of the official drop-off centers shall be
open during normal business hours 29 days before Election Day on weekdays (excluding
holidays). The elections official may establish such additional official drop-off centers as he or
she may deem necessary. All official drop-off centers shall be open on Election Day from 7:00
a.m. to 8:00 p.m. and, at that time, shall be closed.
SECTION 2. Subsection C of Section 2.42.060 (Provision of ballot materials) of
Chapter 2.42 are amended to read as follows:
C. The form of the return envelope shall be as set forth in the provisions of the
California Elections Code governing the form of vote by mail voter identification
envelopes.
D. The elections official shall not commence to mail the ballot and election materials
prior to the 29th day before the election, and shall complete the mailing no later than the
10th day prior to the election, except as otherwise permitted or required by the California
Elections Code.
SECTION 3. Subsections A, B and C of Section 2.42.070 (Return of ballots)of Chapter
2.42 are amended to read as follows:
A. Ballots may be returned by regular, certified or registered United States mail,
overnight commercial carrier, in person, or in any other manner authorized by the
California Elections Code. Ballots returned in person may be returned to the official
O 1563
B4-25
ATTACHMENT 4
Ordinance No. 1563 (2011 Series)
Page 2
drop-off centers and shall be deemed received by the Registrar of Voters on the date and
at the time of return to an official drop-off center. The elections official may include a
notice to voters specifying the permitted means by which to return the voted ballot.
B. All ballots shall be delivered in a manner authorized by the California Elections
Code by the voter or other authorized person to the official ballot drop-off centers no
later than eight p.m. on the date of the special election. Any ballot received by the
elections official by mail or at the official ballot drop-off centers after eight p.m. on the
date of the special election shall not be accepted or counted. However, if at the time of
the announcement that the poll is closed there are any voters inside the official ballot
drop-off centers who have not been able to deposit their official ballot envelope with the
election officials there,the election officials shall continue to accept envelopes from such
voters until all have had the opportunity to deliver their ballots.
C. Any ballot returned in person shall be returned by the voter who was authorized to
cast the ballot or by a person designated and authorized by the voter, in accordance with
the California Elections Code, in the appropriate place provided by the elections official
on the outside of the return envelope.
SECTION 4. Subsections A and B of Section 2.42.090 (Absent Voter) of Chapter 2.42
are amended to read as follows:
A. No application aced be made by any voter for an absentee ballot for this special
election conducted entirely by mail and, except as otherwise provided in this chapter, the
provisions of Chapter 1 (except Sections 3011, 3014, 3017, and 3021 to the extent not
inconsistent with this ordinance)and Chapter 3 of Division 3 (Section 3000 et seq.)of the
Elections Code of the State of California shall not apply to special elections hereunder;
provided, however, that any voter who has qualified as a permanent absentee voter under
the Elections Code shall receive and return a ballot in the manner provided herein for all
other voters. The return of the mailed ballot in the manner authorized and conforming in
all particulars to the requirements of this chapter shall be accepted as an absentee ballot
on behalf of any voter who is absent-from the city on the date of the election.
B. Any registered voter who will be absent from the city prior to the mail-ballot
election to and including the date of the election may file a written application with the
elections official to receive an absentee mailed ballot at an address other than the voter's
residence. The application shall be filed following the adoption of the resolution calling
the mailed ballot election and on or before the seventh day prior to the election. The
application shall show the voter's place of residence and the address to which the ballot
should be mailed, and state that the voter will be unable to receive and return the mailed
ballot by the election date, and shall be signed by the applicant under penalty of perjury.
No voter who requests an absentee mail ballot shall be required to return or surrender a
duplicate mailed ballot sent to the voter's residence. (Ord. 1559 § 8,2011)
SECTION 5. Effective Date. This ordinance, being an ordinance calling, ordering or
relating to an election,shall take effect immediately from and after its adoption.
B4-26
ATTACHMENT 4
Ordinance No. 1563 (2011 96n—es)
Page 3
SECTION 6. If any part of this ordinance is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remainder of the ordinance shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated, nor shall any portion of the
Municipal Code herein amended be affected, impaired, or invalidated.
SECTION 7. This ordinance shall be published within 15 days after its passage in a
newspaper of the City of San Luis Obispo.
INTRODUCED AND ADOPTED on this 7th day of June 2011 by the Council of the
City of San Luis Obispo,on the following vote:
AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh
and Mayor Marx
NOES: None
ABSENT: None
o Jan Marx
ATTEST:
tfewe�
Elaine Cano
City Clerk
APPROVED AS TO FO
C . e Dietrick
' Attorney
I hereby certify that this document is a true
and accurate original of Ordinance No.XfA3 ,
and that the ordinance was published pursuant
to Cheater Section 602.
chft
B4-27
Attachment 5
RESOLUTION NO. (2011 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION TO
BE HELD TUESDAY,NOVEMBER 15,2011,AND REQUESTING ELECTION
SERVICES FROM THE SAN LUIS OBISPO COUNTY ELECTIONS DIVISION
WHEREAS, notice is hereby given that a special all mailed ballot municipal election will
be held in the affected territory of the Orcutt Area on Tuesday, November 15, 2011, to consider a
question of annexation; and
WHEREAS, the City requires assistance for the proper conduct of the special election;
and desires to request services of the San Luis Obispo County Elections Official to conduct said
special election.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine, and order as follows:
SECTION 1. Notice is hereby given and there is called and ordered to be held in the
affected territory of the Orcutt Area, County of San Luis Obispo, California, on Tuesday,
November 15, 2011, a special municipal election conducted by all-mail ballot.
SECTION 2. Permit the County Elections Official to render specified services to the
City of San Luis Obispo relating to the conduct of an all mailed ballot special election on
Tuesday, November 15, 2011, and said Elections Official is hereby authorized to canvass the
returns of the special election and certify the results of the canvass of the returns of the special
election to the Council of the City of San Luis Obispo, which shall declare the results thereof.
SECTION 3. That pursuant to the applicable provisions of the City Charter and
Ordinance No. 1559 (2011 Series) of the City of San Luis Obispo, said special election shall be
held and conducted by all mailed ballot, and shall be conducted pursuant to Chapter 2 of
Division 4 (commencing with Section 4100) of the California Elections Code only insofar as
required by law, and only where not inconsistent with the Charter of the City of San Luis Obispo
and Ordinance No. 1559 (2011 Series) and the Cortese-Knox-Hertzberg Act. Notwithstanding
Elections Code Section 4103, ballots cast in this special election shall be returned to the office of
the County Registrar of Voters by mail or in person no later than 8:00 p.m. on Election Day.
Only ballots received in the office of the Registrar of Voters by 8:00 p.m. on Election Day shall
be counted..
SECTION 4. That the City shall reimburse the County for services performed when the
work is completed and upon presentation to the City of a properly approved bill pursuant to
section 51350 of the Government Code.
SECTION 5. That the City Clerk is hereby directed to file certified copies of this
resolution with the Elections Official of the County of San Luis Obispo.
B4-28
Resolution No. (2011 Serie`sf Attachment 5
Page 2
SECTION 6. That notice of the time and place of holding the special election is given
and the City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
Upon motion of seconded by and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2011.
Mayor Jan Marx
ATTEST:
Elaina Cano,CMC
City Clerk
APPROVED AS TO FORM:
Y. CVstine Dietrick
City Attorney
B4-29
Attachment b
RESOLUTION NO. (2011 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
ORDERING THE SUBMISSION TO THE VOTERS OF THE AFFECTED TERRITORY
IN THE PROPOSED ORCUTT ANNEXATION AREA A MEASURE AT AN ALL
MAILED BALLOT SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY,NOVEMBER 15, 2011, AS CALLED BY RESOLUTION
NO.XXXX (2011 SERIES)
WHEREAS, a Special All Mailed Ballot Municipal Election has been called on Tuesday,
August 16, 2011,by Resolution No. (2011 series); and
WHEREAS, the City of San Luis Obispo approved a Resolution of Application on
September 21, 2010, regarding the Orcutt Area Annexation No. 79; and
WHEREAS, on April 21, 2011, the Local Agency Formation Commission
("Commission")held a public hearing and approved said annexation; and
WHEREAS, pursuant to Government Code Section 57000(c), the Commission held a
Conducting Authority Hearing(Protest Hearing) on June 16 and July 18, 2011; and
WHEREAS, based on the written protests submitted by the registered voters in the area,
a vote of the registered voters within the annexation area is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That the City Council, pursuant to its right and authority, does order
submitted to the voters in the Orcutt Annexation Area at the All Mailed Ballot Special Municipal
Election to be held on Tuesday,November 15, 2011, the following question:
Shall the Orcutt Area Annexation to the City of
San Luis Obispo ordered on April 21, 2011, by Yes
the San Luis Obispo Local Agency Formation
Commission be confirmed subject to the terms
and conditions specified in the approval? No
SECTION 2. That the City Council authorizes any and all members of the City Council to
file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9
of the Elections Code of the State of California and to change the argument until and including the
date fixed by the City Clerk after which no arguments for or against the measure may be submitted
to the City Clerk.
R
B4-30
Resolution No. (2011 Se s) Attachment 6
Page 2
SECTION 3. Within five days after the special election is called, the Executive Officer of
the Local Agency Formation Commission shall submit to the Commission, for its approval and/or
modification, an impartial analysis of the proposed change of organization. The impartial analysis
shall be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 4. That in all particulars not recited in this Resolution or Ordinance 1559
(2011 Series), the'election shall be held and conducted as provided by law for holding municipal
elections relating to annexation.
SECTION 5. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution.
SECTION 7. That the City Clerk is hereby directed to file a certified copy of this
resolution with the San Luis Obispo Clerk-Recorder.
Upon motion of , seconded by ,
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2011.
Mayor Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
CityAttorney
B4-31
Attachment 7
RESOLUTION NO. (2011 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY
MEASURE AND ACKNOWLEDGING THAT THE LOCAL AREA FORMATION
COMMISSION (LAFCO) EXECUTIVE DIRECTOR WILL
PREPARE THE IMPARTIAL ANALYSIS
WHEREAS, a special municipal election is to be held in the City of San Luis Obispo on
November 15, 2011, at which time there will be submitted to the voters in the Orcutt Annexation
area the following measure:
Shall the Orcutt Area Annexation to the City of San YES
Luis Obispo ordered on April 21, 2011, by the San
Luis Obispo Local Agency Formation Commission be
confirmed subject to the terms and conditions
specified in the approval? NO
NOW, THEREFORE, BE IT RESOLVED by the Council .of the City of San Luis
Obispo as follows:
SECTION 1. That the City Council authorizes any and all members of the City Council to
file(a)written argument(s) not exceeding 300 words regarding the City measure as specified above,
accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance
with Division 9, Chapter 3, Article 4, of the Elections Code of the State of California and to change
the argument until and including the date fixed by the City Clerk after which no arguments for or
against the measures may be submitted to the City Clerk.
SECTION 2: All arguments shall be filed with the City Clerk, signed with the printed
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization,
the name of the organization, and the printed name and signature of at least one of its principal
officers who is the author of the argument.
SECTION 3. That the City Council acknowledges the LAFCO Executive Director who
shall within five days after the special election is called, submit to the Commission, for its approval
or modification, an impartial analysis of the proposed change of organization. The impartial
analysis shall not exceed 500 words in length in addition to a general description of the boundaries
of the territory affected. The impartial analysis shall be filed by the date set by the City Clerk no
later than the last day for submission of rebuttal arguments.
R
B4-32
V
Aiachment 7
Resolution No. (2011 Series)
Page 2
Upon motion of seconded by and on the
following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of August 2011.
Mayor Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
i
i
Christine Dietrick
City Attorney
B4-33
ATTACHMENT 7
RESOLUTION NQ 10203(2010 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY
MEASURES SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS,Section 9285 of the Elections Code of the State of California authorizes the
City Council,by majority vote,to adopt provisions to provide for the filing of rebuttal arguments
for City measures submitted at municipal elections.
NOW,THEREFORE,The City Council of the City of San Luis Obispo,California,
does resolve,declare,determine and order as follows:
SECTION 1. That pursuant to Sections 9285 of the Elections Code of the State of
California,when the Elections Official has selected the arguments for and against the measure
which will be printed and distributed to the voters,the Elections Official shall send copies of the
argument in favor of the measure to the authors of the argument against,and copies of the
argument against to the authors of the argument in favor.
The author or a majority of the authors of an argument related to a City measure may
prepare and submit a rebuttal argument not exceeding 250 words.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk not-more than 10 days ager the
final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as
the direct arguments. Each rebuttal argument shall immediately follow the direct argument
which is seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments
for city measures are repealed
SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal
election and at each municipal election after that time.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion of Council Member Ashbaugh seconded by Council Member Settle and on the
following roll call vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20th day of July 2010.
R 10203
B4-34
ATTACHMENT 7
Resolution No. 10203 (2010 Series)
Page 2
David F.Romero,Mayor
ATTEST:
e�fz,tL-,�, (�L
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J Dietrick
Attorney
B4-35