LAFCO - San Luis Obispo - Local Agency Formation Commission SLO LAFCO - Serving the Area of San Luis Obispo County

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1 LAFCO - San Luis Obispo - Local Agency Formation Commission SLO LAFCO - Serving the Area of San Luis Obispo County COMMISSIONERS TO: FROM: MEMBERS, FORMATION COMMISSION DAVID CHURCH, AICP, EXECUTIVE OFFICER DC DUANE PICANCO City Member ROBERTA FONZI City Member Marshall Ohylski Special District Member Muril Clift Special District Member Bruce Gibson County Member Frank Mecham County Member TOM MURRAY Public Member ALTERNATES KRIS VARDAS City Member VACANT County Member ROBERT ENNS Special District Member David Brooks Public Member STAFF DAVID CHURCH Executive Officer RAYMOND A. BIERING Legal Counsel MIKE PRATER Analyst DONNA J. BLOYD Commission Clerk DATE: JANUARY 16, 2014 SUBJECT: POLICIES AND PROCEDURES Recommendation: It is respectfully recommended that the Commission review and approve the attached Policies and Procedures as found in Exhibit A. Discussion: The passage of the Cortese-Knox-Hertzberg Act of 2000 (CKH Act) included section (a) which requires each LAFCO to establish written policies and procedures that encourage and provide for well-ordered and efficient urban development patterns as well as the preservation of open space and agricultural land. San Luis Obispo LAFCO has an existing policy framework that is based on the CKH Act of These policies and procedures were last reviewed in February The attached pages of the Policies and Procedures document is a review of San Luis Obispo LAFCO s existing policies and procedures. The changes are shown in redline and deletions with strikethrough. The entire policy document is found online at and brings together LAFCO s policy base and procedures into one document. It is broken into four chapters; Chapter One Introduction, Chapter Two Policies, Chapter Three Procedures, and Chapter Four California Environmental Quality Act. Chapter One - Introduction provides an overview of the legislative history and purposes of LAFCO. This chapter also presents specific information regarding LAFCO membership, staffing and meetings of the San Luis Obispo LAFCO. Several edits are proposed for this chapter. Chapter Two - Policies is broken into nine different sections and is the foundation of the San Luis Obispo LAFCO policy base. These policies are consistent with the current legislation and are based on local conditions and circumstances: 2.1 General Policies 2.2 City Incorporations 2.3 City Annexations 2.4 Special District Annexations Exhibit A: Excerpts of Updated Policies and Procedures 1

2 San Luis Obispo LAFCO January 16, 2014 Policies and Procedures Review Page Formation of Special Districts 2.6 Sphere of Influence Update Policies 2.7 Municipal Service Review Policies 2.8 Memorandum of Agreement Policies 2.9 Agricultural Goals-Policies-Guidelines The policies in this chapter reflect the legislative intent of the CKH Act and provide for the consistent implementation based on local conditions and circumstances. This chapter also incorporates by reference; 1) policies that are explicitly required by CKH, 2) new definitions stated in the CKH Act, and 3) implementation of any new LAFCO responsibility. Chapter Three - Processing Procedures is a guide to the basic procedures associated with processing a proposal application. More detailed procedures can be found in the Cortese-Knox-Hertzberg Act which is incorporated by reference into this document. Chapter Four - California Environmental Quality Act contains general policies that will be used to guide LAFCO with regard to implementing the California Environmental Quality Act (CEQA) for proposals evaluated by LAFCO. They are general policies that provide a foundation upon which specific procedures could be added in the future. Summary of the Changes The following shows the page number and the proposed changes to the LAFCOs Policies and Procedures. Table of Contents - Changes will be made as appropriate. Chapter 1 - Introduction Page 3 Updates Commissioner, Alternate Commissioner and Staff information. Pages 5-6 Language changes updating the Introduction section. Page 7 Update Commissioner, Alternate Commissioner and Staff information. Chapter 2 - Policies Page 9 Minor changes to language in policy numbers 7 and 8. Under number 7, existing urban communities is added. The change to number 8 includes language regarding conservation easements, or other mechanisms, that permanently preserve agricultural or open space lands. 2

3 San Luis Obispo LAFCO January 16, 2014 Policies and Procedures Review Page 3 Page 19 Edit language in section 2.8 (1) to read memorandum of agreement (MOA) between a city (or district if applicable) Chapter 3 Procedures Page 29 Under Completion and Effective Date - Clarifies that the Executive Officer distributes the Certificate of Completion. Add clarifying language A Certificate of Completion may be filed after any adopted conditions of approval are met by the proponent. Same with policy ; add clarifying language regarding the completion of a jurisdictional change. 3

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