Mar 6, 2018 - A full City Council agenda packet with all backup information is available at City Hall, the Arcadia. Libr
CITY OF ARCADIA City Council Regular Meeting Agenda
Tuesday, March 6, 2018, 5:00 p.m. Location: City Council Conference Room, 240 W. Huntington Drive, Arcadia Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.
CALL TO ORDER ROLL CALL OF CITY COUNCIL MEMBERS Peter Amundson, Mayor Sho Tay, Mayor Pro Tem Tom Beck, Council Member Roger Chandler, Council Member April A. Verlato, Council Member PUBLIC COMMENTS (5 minute time limit each speaker) Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Each speaker is limited to five (5) minutes per person, unless waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. STUDY SESSION a. Report, discussion, and direction concerning Phase 2 of the Seabiscuit Pacifica Specific Plan at 130 W. Huntington Drive. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: City Manager Dominic Lazzaretto, Administrative Services Director Hue Quach, and Assistant City Manager/Development Services Director Jason Kruckeberg Employee Organizations: Arcadia Public Works Employees Association, Arcadia Employees Association, Arcadia Police Civilian Employees Association, Arcadia Police Officers’ Association, Arcadia Firefighters’ Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and part-time employees
b. Pursuant to Government Code Section 54957.8 to confer with Real Property Negotiators. Property: 100 W. Huntington Drive (Parcel No. 5775-024-919) Agency Negotiators: City Manager Dominic Lazzaretto, Assistant City Manager/Development Services Director Jason Kruckeberg, and City Attorney Stephen P. Deitsch Negotiating Party: City of Arcadia and Chateau Group USA Under Negotiation: Price and Terms of Payments Regular Meeting City Council Chamber, 7:00 p.m. CALL TO ORDER INVOCATION Rabbi Sholom Stiefel, Chabad of Arcadia PLEDGE OF ALLEGIANCE John “Doc” Wells, Lieutenant, United States Navy ROLL CALL OF CITY COUNCIL MEMBERS Peter Amundson, Mayor Sho Tay, Mayor Pro Tem Tom Beck, Council Member Roger Chandler, Council Member April A. Verlato, Council Member REPORT FROM CITY ATTORNEY REGARDING CLOSED/STUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS a. Arbor Day Proclamation presented to the Arcadia Beautiful Commission. b. Mayor's Certificates of Commendation to Arcadia High School CIF Girls Tennis Doubles Champions Michelle Deng and Lauren Ko. c. Proclamation to Matt McSweeny for 19 years of outstanding service to our community. d. Pasadena Humane Society Presentation of adoptable dog.
PUBLIC COMMENTS (5 minute time limit each speaker) Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Each speaker is limited to five (5) minutes per person, unless waived by the City Council. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]). 1.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless a member of the City Council, staff, or the public requests that a specific item be removed from the Consent Calendar for separate discussion and action. a. Accept all work performed by CJ Concrete Construction, Inc. for the Fiscal Year 2017-18 Annual Concrete Repairs Project as complete. Recommended Action: Approve b. Extension to the Professional Services Agreement with Westerly Meter Service Company for Large Water Meter Testing, Repair, and Calibration Services in an amount not to exceed $28,000. Recommended Action: Approve c. Waive expenses related to Traffic Control Services for the Twenty-Fourth Annual Santa Anita Derby Day 5K to be held on Saturday, April 7, 2018. Recommended Action: Approve 2.
CITY MANAGER a. Resolution No. 7208 supporting the Reducing Crime and Keeping California Safe Act of 2018. Recommended Action: Adopt b. Resolution No. 7209 opposing Senate Bill 827, Transit Rich Housing Bonus Legislation. Recommended Action: Adopt
ADJOURNMENT The City Council will adjourn this meeting to March 20, 2018, 6:00 p.m. in the Council Conference Room.
Welcome to the Arcadia City Council Meeting! The City Council encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the City Council are held on the first and third Tuesday of each month at 7:00 p.m. in City Council Chambers. A full City Council agenda packet with all backup information is available at City Hall, the Arcadia Library, and on the City’s website at www.ArcadiaCa.gov. Copies of individual Agenda Reports are available via email upon request (
[email protected]). Documents distributed to a majority of the City Council after the posting of this agenda will be available for review at the Office of the City Clerk, 240 W. Huntington Drive, Arcadia, California. Live broadcasts and replays of the City Council Meetings are on cable television. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all City Council meetings. Time is reserved at each regular meeting for those in the audience who wish to address the City Council. The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks. Where possible, please submit a Speaker Card to the City Clerk prior to your comments, or simply come to the podium when the Mayor asks for those who wish to speak, and state your name and address (optional) for the record. Please provide the City Clerk with a copy of any written materials used in your address to the City Council as well as 10 copies of any printed materials you would like distributed to the City Council. The use of City equipment for presentations is not permitted. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given five (5) minutes to address the City Council; however, the Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the City Council. By State law, the City Council may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response or will be placed on the agenda of a future meeting. MATTERS ON THE AGENDA should be addressed when the City Council considers that item. Please indicate the Agenda Item Numbers(s) on the Speaker Card. Your name will be called at the appropriate time and you may proceed with your presentation within the five (5) minute time frame. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from the applicant (who may speak longer in the discretion of the City Council), speakers shall be limited to five (5) minutes per person. The Mayor, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the City Council. The applicant may additionally submit rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the City Council. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the City Council can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion on these items unless a member of the City Council, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, shall serve as the Sergeant-at-Arms of the City Council meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section.
DATE:
March 6, 2018
TO:
Honorable Mayor and City Council
FROM:
Tom Tait, Public Works Services Director By: Eddie Chan, P.E., Principal Civil Engineer
SUBJECT: ACCEPT ALL WORK PERFORMED BY CJ CONCRETE CONSTRUCTION, INC. FOR THE FISCAL YEAR 2017-18 ANNUAL CONCRETE REPAIRS PROJECT AS COMPLETE Recommendation: Approve SUMMARY On October 3, 2017, the City Council approved a contract with CJ Concrete Construction, Inc. in the amount of $63,871.25 for the Fiscal Year 2017-18 Annual Concrete Repairs Project. The terms and conditions of this project have been complied with and the work has been performed to the satisfaction of the Project Manager for a total project cost of $62,529.75. This amount reflects the original contract amount of $63,871.25 minus quantity changes totaling $1,341.50, or 2.1% less than the original contract amount. It is recommended that the City Council accept all work performed by CJ Concrete Construction, Inc. for the Fiscal Year 2017-18 Annual Concrete Repairs Project as complete, and authorize the final payment to be made in accordance with the contract documents, subject to retention of $3,126.49. DISCUSSION The Public Works Services Department (“PWSD”) is responsible for the maintenance and repair of approximately 147 miles of roadway within the City. In 1999, as part of the Pavement Management Program, the condition of all City streets was assessed, and an Annual Asphalt and Concrete Repair Program was established. As part of this program, street surfaces that are cracked are slurry sealed, and concrete curbs, gutters, and pavement areas that have been damaged are repaired. On October 3, 2017, the City Council approved a contract with CJ Concrete Construction, Inc. for the Fiscal Year 2017-18 Annual Concrete Repairs Project. The work performed included repairing concrete curbs, gutters, cross gutters, spandrels,
Accept Annual Concrete Repairs Project March 6, 2018 Page 2 of 3
driveway approaches, and pavement areas that were damaged. The focus of the repairs was to fix safety and drainage issues. During the course of work, additional areas of driveway approaches and asphalt concrete patches were added to the scope of work. Some areas that were included in the scope of work were repaired by City crews, resulting in an overall reduction in the amount of work completed in the contract. Below is a breakdown of contract change orders. CCO
Description
Amount
1.
Deleted (1 LF) – Remove and Replace PCC Curb Only
($50.00)
2.
Deleted (30 LF) – Remove and Replace PCC Curb and Gutter
3.
Deleted (32 SF) – Remove and Replace PCC Cross Gutter / Spandrel
4.
Additional (54 SF) – Remove and Replace PCC Driveway Approach
7.
Additional (10 SF) – Remove and Replace 4-inch thick Asphalt Concrete Patch (B PG 64-10)
($1,500.00) ($448.00) $594.00
Total:
$62.50 ($1,341.50)
The terms and conditions of this contract have been complied with and the work has been performed to the satisfaction of the Project Manager. CJ Concrete Construction, Inc. completed the work as defined in the project plans and specifications in an efficient and timely manner. FISCAL IMPACT The work plan and budget for the Fiscal Year 2017-18 Annual Concrete Repairs Project was included in the Fiscal Year 2017-18 Capital Improvement Program as part of the Annual Slurry Seal Program. Funds in the amount of $750,000 were budgeted in the Fiscal Year 2017-18 Annual Slurry Seal Program budget. The project’s total cost is $62,529.75. This amount reflects the original contract amount of $63,871.25 minus quantity changes totaling $1,341.50. Sufficient funds remain in the budget to complete planned slurry sealing efforts. RECOMMENDATION It is recommended that the City Council accept all work performed by CJ Concrete Construction, Inc. for the Fiscal Year 2017-18 Annual Concrete Repairs Project as complete, and authorize the final payment to be made in accordance with the contract documents, subject to the retention of $3,126.49.
Accept Annual Concrete Repairs Project March 6, 2018 Page 3 of 3
DATE:
March 6, 2018
TO:
Honorable Mayor and City Council
FROM:
Tom Tait, Public Works Services Director
SUBJECT: EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT WITH WESTERLY METER SERVICE COMPANY FOR LARGE WATER METER TESTING, REPAIR, AND CALIBRATION SERVICES IN AN AMOUNT NOT TO EXCEED $28,000 Recommendation: Approve SUMMARY On March 1, 2016, the City Council awarded a Professional Services Agreement with optional contract extensions to Westerly Meter Service Company for large water meter testing, repair, and calibration services. Westerly Meter Service Company is reaching the end of their agreement, and has submitted a written offer to extend the agreement for an additional year with no increase in pricing. All other conditions of the agreement will remain in effect. It is recommended that the City Council approve, and authorize and direct the City Manager to execute a one-year extension to the Professional Services Agreement with Westerly Meter Service Company for large water meter testing, repair, and calibration services in an amount not to exceed $28,000. BACKGROUND The Public Works Services Department (“PWSD”) provides water service to more than 55,000 residents in the City of Arcadia through approximately 14,000 service connections and is responsible for maintenance of the water meters in the system. The PWSD identified 123 large water meters that need to be tested. The meters range from 3-inch to 10-inch and are comprised of Turbine, Compounds, and Octaves. Although the PWSD is responsible for the day-to-day operation and maintenance of the City’s water supply system, certain maintenance or repair tasks like large water meter testing, repair, and calibration services require expertise and equipment that the City does not have. Water meters should be tested and calibrated regularly in accordance with the
PSA Extension – Westerly Meter Service Co. Large Water Meter Testing March 6, 2018 Page 2 of 3
guidelines recommended by the American Water Works Association (“AWWA”). Testing water meters ensures that the City has accurate information to quantify water loss, pinpoint leaks, locate pressure problems, identify water use, and collect revenues. Unfortunately, water meters tend to slow down over time and fail to accurately record water consumption. In order to assure water is being accounted for accurately, it is imperative to have a large water meter testing program. On March 1, 2016, the City Council awarded a Professional Services Agreement with optional contract extensions to Westerly Meter Service Company for large water meter testing, repair, and calibration services. Westerly Meter Service Company is reaching the end of their agreement, and has submitted a written offer to extend the agreement for an additional year with no increase in pricing. All other conditions of the agreement will remain the same. Based on the excellent level of service provided by Westerly Meter Service Company, it is recommended that the City Council authorize and direct the City Manager to execute a one-year extension to the Professional Services Agreement with Westerly Meter Service Company for large water meter testing, repair, and calibration services in an amount not to exceed $28,000. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT Funds in the amount of $28,000 have been budgeted in the Fiscal Year 2017-18 Water Fund Operating Budget for water meter testing and repair services. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a one-year extension to the Professional Services Agreement with Westerly Meter Service Company for large water meter testing, repair, and calibration services in an amount not to exceed $28,000.
PSA Extension – Westerly Meter Service Co. Large Water Meter Testing March 6, 2018 Page 3 of 3
Attachment: Proposed Contract - Amendment No. 2
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE LARGE WATER METER MAINTENANCE PROGRAM BY AND BETWEEN THE CITY OF ARCADIA AND WESTERLY METER SERVCE COMPANY This Amendment No. 2 (“Amendment No. 2”) is hereby entered into this ______ day of ______________, 2018 by and between the City of Arcadia, a municipal corporation of the State of California, and Westerly Meter Service Company, a Sole Proprietorship, with respect to that certain Professional Services Agreement (“Agreement”) between the parties dated April 4, 2016 and further amended by Amendment No. 1 dated March 24, 2017. The Parties agree as follows: 1. Section 3.1.2 of the Professional Services Agreement, the Term is hereby extended from April 4, 2018 to April 4, 2019 (“Extended Term”). 2. All terms and provisions of the Agreement not amended by this Amendment No. 2 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA
WESTERLY METER SERVICE COMPANY
By:
By: Dominic Lazzaretto City Manager
Dated:
Title: Dated: By:
ATTEST: Title: Dated: City Clerk APPROVED AS TO FORM
CONCUR:
Stephen P. Deitsch City Attorney
Tom Tait Public Works Services Director
DATE:
March 6, 2018
TO:
Honorable Mayor and City Council
FROM:
Robert T. Guthrie, Chief of Police By: Brian Ortiz, Administrative Sergeant
SUBJECT:
WAIVE EXPENSES RELATED TO TRAFFIC CONTROL SERVICES FOR THE TWENTY-FOURTH ANNUAL SANTA ANITA DERBY DAY 5K TO BE HELD ON SATURDAY, APRIL 7, 2018 Recommendation: Approve
SUMMARY The Los Angeles Turf Club (hereinafter referred to as “Santa Anita”) is sponsoring their Twenty-Fourth Annual 5K Run & Walk wherein traffic control services are required to facilitate the event. Typically, when City services or personnel are required for coordination of special events, the cost of these services are borne by the event organizer. In this instance, like years past, Santa Anita is requesting that the City waive the cost of traffic control services because it is a charitable event. DISCUSSION The 5K race is one of several special events that will be held in conjunction with the Santa Anita Derby and will be coordinated by Kinane Events, Inc. This year the Derby Day 5K Run & Walk is co-sponsored by the Methodist Hospital of Southern California and Westfield Shopping Town Santa Anita. Participation of contestants has increased each year and it is anticipated that about 6,000 runners/walkers will join in this year’s event. Any profits from the race will be donated to local beneficiaries including the Arcadia High School Athletic Boosters Club and the Arcadia Historical Museum. If the race operates at a loss, Santa Anita will give all organizations a check for a fixed amount. The Arcadia Police Explorer Post will also receive a donation from this event. The race will begin inside the racetrack between Gate 3 and Gate 1, and the runners/walkers will proceed through the track parking lot, exit at Gate 8, and cross Baldwin Avenue. The participants will continue north on Baldwin Avenue in the
Waive Traffic Control Services for Santa Anita Annual 5K Run & Walk March 6, 2018 Page 2 of 2
southbound No.2 lane, which will be barricaded, and enter the Arboretum parking lot just south of Gate 7. They will proceed through the course in the Arboretum, exit by the fountain, cross back over Baldwin Avenue, and enter the racetrack through Gate 7. Finally, the racers will proceed through the turf tunnel and infield, and wind up on the training track toward the finish line. The Police Department will provide intermittent traffic control to facilitate the running of the race and to ensure the safety of the participants. The savings to Santa Anita is estimated at approximately $3,500 for traffic control. It is anticipated that traffic flow on Baldwin Avenue, between Colorado and Huntington, will be diverted between 7:30 a.m. and 9:30 a.m. Police personnel will utilize previous traffic flow management patterns, which have proven to have the least effects on businesses and local residents. As part of hosting an event of this type, Santa Anita is also required to provide a certificate of insurance designating the City of Arcadia as an additional insured. They have provided the required insurance certificate and it has been approved by the City Attorney. FISCAL IMPACT The event will cost about $3,500 in Overtime for Police personnel and will be absorbed in the FY17-18 Operating Budget under Traffic Overtime. RECOMMENDATION It is recommended that the City Council waive expenses related to Traffic Control Services for the Twenty-Fourth Annual Santa Anita Derby Day 5K Run & Walk to be held on Saturday, April 7, 2018.
DATE:
March 6, 2018
TO:
Honorable Mayor and City Council
FROM:
Dominic Lazzaretto, City Manager By: Michael Bruckner, Assistant to the City Manager
SUBJECT: RESOLUTION NO. 7208 TO SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018 Recommendation: Adopt SUMMARY The collective impacts of the state’s criminal justice reform efforts are well known to law enforcement agencies and communities throughout the state. The Reducing Crime and Keep California Safe Act (the “Act”) seeks to address the unintended consequences of AB 109, Proposition 47, and Proposition 57 by increasing opportunities for rehabilitation while lowering recidivism and incarceration rates. With adoption of Resolution No. 7208, the City of Arcadia will join an ever growing coalition of cities and law enforcement agencies supporting this initiative. Therefore, it is recommended that the City Council adopt Resolution No. 7208 (Attachment “A”) supporting the Reducing Crime and Keeping California Safe Act of 2018. BACKGROUND In 2011, Governor Brown signed Assembly Bill 109 (“AB 109”), more commonly known as the Public Safety Realignment Act, in order to comply with a federal court order to reduce the state’s prison population to 137.5% of its design capacity. AB 109 aimed to accomplish this objective by realigning incarceration authority of roughly 45,000 criminal offenders from state prisons to county jails. Because local facilities were never designed to house violent criminals for the duration of their prison terms, and due to the shifting populations of the state’s prison population, AB 109 resulted in the early release of tens of thousands criminal offenders back into local communities. It is believed that AB 109 has had a direct impact on rising property crime rates throughout the state. In 2014, California voters passed Proposition 47, the Safe Neighborhoods and Schools Act, which reclassified a number of “non-violent, non-serious” crimes from felonies to misdemeanors. Offenses include drug possession, repeated shoplifting, forging checks,
Adopt Resolution 7208 to Support the Keeping California Safe Act of 2018 March 6, 2018 Page 2 of 3
gun theft, and possession of date-rape drugs. The effects of this initiative have been farreaching, as the threshold for misdemeanor thefts has been lowered to less than $950, allowing career criminals to game the system. Further, the normalization of drug possession has decimated the legal system’s ability to compel addicts to enter drug rehabilitation programs, and has been assumed as an underlying cause in the dramatic rise of the state’s homeless populations. Finally, in 2016, California voters passed Proposition 57, the Public Safety and Rehabilitation Act, which allows prisoners convicted of “non-violent” felonies to apply for early release. According to the non-partisan Legislative Analyst’s Office, Proposition 57 allows for the early release of nearly 30,000 criminals convicted of felonies that include: assault with a deadly weapon, domestic violence, first degree burglary, human trafficking involving a minor, and active participation in a street gang, to name a few. In addition, Proposition 57 allows the State Department of Corrections unlimited authority to grant credits to all criminals—regardless of the nature of their crime—which would facilitate their early release. Criminals who committed multiple crimes against multiple victims are eligible for release at the same time as offenders who only committed single crimes against a single victim. Lastly, and most importantly, repeat criminals are eligible for release after the same period of incarceration as first time offenders. DISCUSSION The City of Arcadia has not been immune to the effects of AB 109 and Proposition 47. All indicators strongly suggest similar results are expected from the implementation of Proposition 57. In 2016, the City experienced a 22% increase in violent and property crimes when compared to 2015 levels, including 66% more burglary or attempted burglaries and 14% more larceny attempts. Recent efforts by the Arcadia Police Department have yielded positive results; however, the long-term effects of criminal justice reform in California cannot be understated. The Reducing Crime and Keep California Safe Act (the “Act”) seeks to address the unintended consequences of AB 109, Proposition 47, and Proposition 57 by increasing opportunities for rehabilitation while lowering recidivism and incarceration rates. Specifically, the Act would reform existing law to hold convicted felons accountable for violating the terms of their release, and expands the list of violent crimes for which early release is not an option. It would enact reforms for repeat offenders who steal to support their drug habits requiring them to enter into existing drug treatment programs. The Act also restores DNA collection from persons convicted of theft and drug offenses, and does not affect existing legal safeguards that protect privacy of individuals by allowing for the removal of their DNA profile if they are not charged with a crime, are acquitted, or are found innocent. Further, the Act requires the Board of Parole to consider an inmate’s entire criminal history when deciding parole, not just the most recent offense, among other provisions.
Adopt Resolution 7208 to Support the Keeping California Safe Act of 2018 March 6, 2018 Page 3 of 3
To date, the Act is still in the signature gathering phase for qualifying for the November 2018 ballot. The deadline to certify this initiative with the California Secretary of State is July 3, 2018. With adoption of Resolution No. 7208, the City of Arcadia will join an ever growing coalition of cities and law enforcement agencies supporting this initiative. FISCAL IMPACT There is no impact associated with the adoption of the Resolution. If the Act is ultimately adopted, it should ease overtime costs and other public safety costs due to crimes in the community. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7208 supporting the Reducing Crime and Keeping California Safe Act of 2018.
Attachment: Resolution No. 7208
DATE:
March 6, 2018
TO:
Honorable Mayor and City Council
FROM:
Dominic Lazzaretto, City Manager By: Michael Bruckner, Assistant to the City Manager
SUBJECT: RESOLUTION NO. 7209 OPPOSING SENATE BILL 827, TRANSIT RICH HOUSING BONUS LEGISLATION Recommendation: Adopt SUMMARY At the February 20, 2018, City Council meeting, Mayor Amundson requested that the City Manager provide a discussion item at an upcoming City Council to oppose Senate Bill 827 - Transit Rich Housing Bonus Legislation (“SB 827”). This request was concurred by Council Members Verlato and Chandler. SB 827 exempts a development in a “transit-rich housing zone” from local ordinances that limit maximum residential density, maximum floor area ratio, and minimum parking spaces. If enacted, the bill would undermine local control of the City’s development authorities as it pertains to height limitations, density, parking requirements, and design review standards. Therefore, it is recommended that the City Council adopt Resolution No. 7209 (Attachment “A”) urging the City’s legislative delegation in Sacramento to vote NO on SB 827. BACKGROUND On January 3, 2018, State Senator Weiner introduced SB 827 (Attachment “B”). Subject to some limitations, SB 827 exempts a development in a “transit-rich housing zone”, as defined by the bill, from local ordinances that limit maximum residential density, maximum floor area ratio, and minimum parking spaces. In addition, if a City has adopted height maximums that are lower than 45 to 85 feet, depending on the transit access and urban design characteristics of the street, the developer would be allowed to build a project that exceeds height limits to accommodate additional housing units. To be clear, SB 827s application includes the following definitions:
Adopt Resolution No. 7209 Opposing Senate Bill 827 - Transit Rich Housing Bonus Legislation March 6, 2018 Page 2 of 3 • • •
High-Quality Transit Corridor – a corridor with fixed route bus service that has service intervals of no more than 15 minutes during peak commute hours. Transit Rich Parcels – are those within ½ mile of a major transit stop of ¼ mile from a high quality transit corridor. Statewide Concern – the provisions address a matter of statewide concern and that if enacted its provisions would apply equally to all cities and counties in this state, including charter cities.
DISCUSSION If approved by the legislature and signed by Governor Brown, SB 827 would exempt development in a transit-rich housing zone from local ordinances. This would allow for by-right development without approval of the City of Arcadia, undermining local control of the City’s development authorities as it pertains to height limitations, density, parking requirements, and design review standards. The intent, according to the legislation’s author, is that in many communities, restrictive zoning – such as mandating single-family homes in areas with high quality transit – limits the number of Californians who can live near public transportation. According to the author, these zoning controls are socially exclusive, anti-urban, and in opposition to the state’s adopted climate goals. Specifically, SB 827 would undermine the City’s adopted General Plan and Housing Element. The bill allows private for-profit housing developers and transit agencies to determine housing densities, parking requirements, and design review standards within one-half mile of a major transit stop, or along a high-quality transit corridor which could be miles away from a transit stop. Under existing law, cities are already required to zone for densities at levels necessary to meet their entire Regional Housing Needs Allocation (“RHNA”). Additionally, SB 827 would provide developers a means to generate additional profits without any requirement to ensure that the additional housing is affordable. The City of Arcadia has embraced the concept of transit oriented development in several areas throughout the City, including major thoroughfares and around the City’s Gold Line stop in Downtown Arcadia. The area around the light rail station allows for higher densities and height limits than any other portion of the City. Several projects are currently under construction in Arcadia to bring new residential units at higher densities to the area around the light rail station and major corridors. In fact, in addition to the existing zoning allowances, the City is currently working on a design plan for Downtown Arcadia to permit higher densities and heights in locations that can accommodate such changes. This is a project that the City is undertaking because it is the right thing to do to address the issue, and because it takes a careful and stepwise approach to evaluating capacity rather than the “one size fits all” approach provided in SB 827. Even
Adopt Resolution No. 7209 Opposing Senate Bill 827 - Transit Rich Housing Bonus Legislation March 6, 2018 Page 3 of 3
if the proposed measure perfectly fit Arcadia’s needs, it should nevertheless be opposed on the simple basis that it wholly undermines local control of land use decisions – a primary power of local government, especially charter cities such as Arcadia. If SB 827 is adopted, the City would have no control over the development pattern in its transit corridors and the Downtown area, which could significantly change the character of the City. SB 827 would provide a blanket, simplistic approach to a complicated and localized question that the City of Arcadia is already addressing. Attached to this staff report as Attachment “C” is the draft opposition letter to be signed by the Mayor. FISCAL IMPACT The financial impacts to the City, if any, are unknown at this time. While additional development may result in increased property taxes, it is not known if those increases would be offset by additional service costs or other impacts to the community from an increased density that is not fully studied prior to approval. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7209 opposing Senate Bill 827, Transit Rich Housing Bonus Legislation; and authorize the Mayor to send a letter to the City’s legislative delegation in Sacramento to vote in opposition of said legislation.
Attachments: A – Resolution No. 7209 B – Senate Bill 827 Text C – Draft Opposition Letter
SENATE BILL
No. 827
Introduced by Senator Wiener (Principal coauthor: Senator Skinner) (Principal coauthor: Assembly Member Ting) January 3, 2018
An act to add Section 65917.7 to the Government Code, relating to land use. legislative counsel’s digest
SB 827, as introduced, Wiener. Planning and zoning: transit-rich housing bonus. The Planning and Zoning Law requires, when an applicant proposes a housing development within the jurisdiction of a local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents. This bill would authorize a transit-rich housing project to receive a transit-rich housing bonus. The bill would define a transit-rich housing project as a residential development project the parcels of which are all within a 1⁄2 mile radius of a major transit stop or a 1⁄4 mile radius of a high-quality transit corridor, as those terms are further defined. The bill would exempt a project awarded a housing opportunity bonus from various requirements, including maximum controls on residential density or floor area ratio, minimum automobile parking requirements, design standards that restrict the applicant’s ability to construct the maximum number of units consistent with any applicable building code, and maximum height limitations, as provided.
99
SB 827
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The bill would declare that its provisions address a matter of statewide concern and apply equally to all cities and counties in this state, including a charter city. By adding to the duties of local planning officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 line 2 line 3 line 4 line 5 line 6 line 7 line 8 line 9 line 10 line 11 line 12 line 13 line 14 line 15 line 16 line 17 line 18 line 19 line 20 line 21 line 22 line 23 line 24
SECTION 1. The Legislature finds and declares that this act addresses a matter of statewide concern and shall apply equally to all cities and counties in this state, including charter cities. SEC. 2. Section 65917.7 is added to the Government Code, to read: 65917.7. (a) As used in this section, the following definitions shall apply: (1) “Block” has the same meaning as defined in subdivision (a) of Section 5870 of the Streets and Highways Code. (2) “High-quality transit corridor” means a corridor with fixed route bus service that has service intervals of no more than 15 minutes during peak commute hours. (3) “Transit-rich housing project” means a residential development project the parcels of which are all within a one-half mile radius of a major transit stop or a one-quarter mile radius of a high-quality transit corridor. A project shall be deemed to be within a one-half mile radius of a major transit stop or a one-quarter mile radius of a high-quality transit corridor if both of the following apply: (A) All parcels within the project have no more than 25 percent of their area outside of a one-half mile radius of a major transit stop or a one-quarter mile radius of a high-quality transit corridor. (B) No more than 10 percent of the residential units or 100 units, whichever is less, of the project are outside of a one-half mile
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SB 827
radius of a major transit stop or a one-quarter mile radius of a high-quality transit corridor. (4) “Major transit stop” has the same meaning as defined in Section 21064.3 of the Public Resources Code. (b) Notwithstanding any local ordinance, general plan element, specific plan, charter, or other local law, policy, resolution, or regulation, a transit-rich housing project shall receive a transit-rich housing bonus which shall exempt the project from all of the following: (1) Maximum controls on residential density or floor area ratio. (2) Minimum automobile parking requirements. (3) Any design standard that restricts the applicant’s ability to construct the maximum number of units consistent with any applicable building code. (4) (A) If the transit-rich housing project is within either a one-quarter mile radius of a high-quality transit corridor or within one block of a major transit stop, any maximum height limitation that is less than 85 feet, except in cases where a parcel facing a street that is less than 45 feet wide from curb to curb, in which case the maximum height shall not be less than 55 feet. If the project is exempted from the local maximum height limitation, the governing height limitation for a transit-rich housing project shall be 85 feet or 55 feet, as provided in this subparagraph. (B) If the transit-rich housing project is within one-half mile of a major transit stop, but does not meet the criteria specified in subparagraph (A), any maximum height limitation that is less than 55 feet, except in cases where a parcel facing a street that is less than 45 feet wide from curb to curb, in which case the maximum height shall not be less than 45 feet. If the project is exempted from the local maximum height limitation, the governing height limitation for a transit-rich housing project shall be 55 feet or 45 feet, as provided in this subparagraph. (C) For purposes of this paragraph, if a parcel has street frontage on two or more different streets, the height maximum pursuant to this paragraph shall be based on the widest street. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or
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SB 827 line 1 line 2
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level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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[Date] [Name] [Title] [Address] [Address] RE: Opposition Letter to SB 827 – Erosion of Local Control Dear [Name] The City of Arcadia opposes SB 827 (Wiener), which would exempt certain housing projects from locally developed and adopted height limitations, densities, parking requirements, and design review standards. Under California’s constitution, charter cities are granted exclusive authority over municipal affairs, which include zoning and housing regulations. Increasingly, the California Legislature is pre-empting our home rule by including provisions in laws that compel us to do the bidding of the state, or tie our hands completely under the guise that the matter is of statewide concern. This is nothing short of legislative overreach. Specifically, SB 827 would undermine locally adopted General Plans, Housing Elements. SB 827 allows private for-profit housing developers and transit agencies to determine housing densities, parking requirements, and design review standards within one-half mile of a “major transit stop,” or along a “high-quality transit corridor” which could be miles away from an actual bus stop. Under existing law, cities are already required to zone for densities at levels necessary to meet their entire Regional Housing Needs Allocation (RHNA). Additionally, SB 827 would provide developers a means to generate additional profits without any requirement to build affordable housing. Exempting large-scale developments from General Plans, Housing Elements, and zoning ordinances goes against the principles of local democracy and public engagement. Public hearings allow members of the community to inform their representative of their support or concerns when planning documents are developed. Public engagement also often leads to better projects. Disregarding such processes will increase public distrust in government and could lead to additional ballot measures dealing with growth management. For these reasons, the City of Arcadia opposes SB 827 and urges you to vote NO. Sincerely,
Peter Amundson Mayor
