Loading...
CC SR 20171003 D - Veto & Signature Requests to Governor Re Pending BillsRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 10/03/2017 AGENDA HEADING: Consent Calendar Consideration and possible action to submit veto and signature requests to Governor Brown regarding various pending bills. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a signature request to Governor Brown regarding AB 1408 (Crimes: Supervised Release); (2) Authorize the Mayor to sign a veto request to Governor Brown regarding SB 35 (Planning and Zoning: Affordable Housing: Streamlined Approval Process); (3) Authorize the Mayor to sign a veto request to Governor Brown regarding SB 231 (Local Government: Fees and Charges); and, (4) Authorize the Mayor to sign a veto request to Governor Brown regarding SB 64� (Wireless Telecommunications Facilities); FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst REVIEWED BY: Gabriella Yap, Deputy City Manager. APPROVED BY: Doug Willmore, City Manager`;`,,,,) ATTACHED SUPPORTING DOCUMENTS: A. Signature request for AB 1408 (page A-1) B. Veto request for SB 35 (page B-1) C. Veto request for SB 231 (page C-1) D. Veto request for SB 649 (page D-1) BACKGROUND AND DISCUSSION: The City Council has taken positions on several bills in the State Legislature this year. With the end of the first year of the current legislative session on September 15, 2017, several of these bills have made it to the governor's desk. Governor Brown has until October 15, 2017, to sign or veto these pending bills. Therefore, Staff has prepared draft veto and signature requests for the pending bills on which the City Council has previously expressed a position. These bills are briefly summarized below. 1 AB 1408 (Crimes: Supervised Release): The City Council supported this bill, which would tighten regulations for monitoring ex -offenders on supervised release. AB 1408 was passed in the Senate Appropriations Committee on September 1, 2017. The Assembly concurred with the Senate amendments on September 13, 2017, and the bill was forwarded to Governor Brown for his signature. Staff has prepared a draft signature request for AB 1408 for the Mayor's signature (Attachment A). SB 35 (Planning and Zoning: Affordable Housing: Streamlined Approval Process): The City Council opposed this bill, which would impose a "streamlined" approval process for multifamily housing that would skirt environmental and public review. AB 35 was amended by its author on August 29, 2017, and September 1, 2017, and has been re- referred to the Assembly Rules Committee. The Senate concurred with the Assembly amendments on September 15, 2017, and the bill was forwarded to Governor Brown for his signature. Staff has prepared a draft veto request for SB 35 for the Mayor's signature (Attachment B). SB 231 (Local Government: Fees and Charges): The City Council opposed this bill, which would re -define the term "sewer" to include stormwater systems so as to avoid voter approval of new fees as otherwise required by Proposition 218. SB 231 was passed in both houses of the State Legislature on August 31, 2017, and awaits Governor Brown's signature or veto. Staff has prepared a draft veto request for SB 231 for the Mayor's signature (Attachment C). SB 649 (Wireless Telecommunications Facilities): The City Council opposed this bill, which would strip the City of land use authority and future revenue for so-called "small cell" sites in the public right-of-way and on other City property. SB 649 was passed in the Senate Appropriations Committee on September 1, 2017. The Senate concurred with the Assembly amendments on September 14, 2017, and the bill was forwarded to Governor Brown for his signature. Staff has prepared a draft veto request for SB 649 for the Mayor's signature (Attachment D). ALTERNATIVES: In addition to the Staff recommendations, the following alternative action is available for the City Council's consideration: Provide different direction regarding AB 1408, SB 35, SB 231 and/or SB 649. 2 October 3, 2017 VIA FACSIMILE: (916) 558-3160 The Honorable Edmund G. Brown, Jr. Governor, State of California State Capitol, 1St Floor Sacramento, CA 95814 SUBJECT: AB 1408 (Calderon). Crimes. Supervised Release. Request for Signature Dear Governor Brown: 1W The City of Rancho Palos Verdes respectfully reques 'your signature on Assembly Bill No. 1408 (AB 1408). This measure provides a range of important reforms associated with managing the population of ex -offenders who are subject to post -release community supervision, and does so in a manner that can be expected to enhance public safety in our communities. First, it expands the volume and quality of data available to local law enforcement by mandating the California Department of Corrections and Rehabilitation to provide locals with copies of an inmate's record of supervision during any period of parole. Second, it specifies that during its deliberations about whether to grant an inmate parole, the state Parole Board shall consider the individual's entire criminal history, including all past convicted offenses, in making that determination. This is a critical provision in that it ends the current policy of considering only the offender's most recent commitment offense. It also follows other practices related to developing a realistic assessment of an individual's actual risk of recidivism. Third, AB 1408 prohibits the use of intermediate sanctions such as flash incarceration for ex -offenders on post -release community supervision (PRCS) who have violated the terms of their release for a third time. This measure specifies that in the case of such repeat offenders, the supervising agency must modify or revoke PRCS. Finally, this measure requires notice to the court, sheriff, district attorney and public defender if the local probation department employs flash incarceration, and authorizes a peace officer, including a probation officer to arrest an individual on PRCS if he or she has failed to appear at a hearing on a motion to modify or revoke such supervision. A-1 The Honorable Edmund G. Brown, Jr. October 3, 2017 Page 2 For these reasons, the City of Rancho Palos Verdes strongly supports this modest legislation as codifying badly need steps to enhance public safety in light of recent statewide criminal justice reforms. Sincerely, Brian Campbell Mayor cc: Rancho Palos Verdes City Council Senator Ben Allen, 26th District Assembly Member Al Muratsuchi, 66th Distri . Jeff Kiernan, League of California Cities Meg Desmond, League of California Cities i A-2 October 3, 2017 VIA FACSIMILE: (916) 558-3160 The Honorable Edmund G. Brown, Jr. Governor, State of California State Capitol, 1St Floor Sacramento, CA 95814 SUBJECT: SB 35 (Wiener) Affordable Housing: Streamlined Approval Process. Request for Veto (as enrolled) Dear Governor Brown: 1W The City of Rancho Palos Verdes respectfully req7Ms your veto of Senate Bill 35 (Wiener), which would preempt our local discretionary land use authority by making approvals of multifamily developments that meet inadequate criteria, "ministerial" actions. Like similar proposals in the past, this measure would rely on often outdated community plans and would compromise critical project level environmental review, public input, and community integrity. The City of Rancho Palos Verdes agrees that California is facing a housing supply and affordability crisis. Our city takes seriously its obligation to implement the policies and programs of its General Plan Housing Element to provide opportunities and incentives for the provision of affordable housing. Despite the economic challenges imposed by our location in a highly -desirable coastal area of Los Angeles County, our city has approved the development of more than thirty (30) housing units affordable to senior citizens and low-income families in the past few years. Unfortunately, SB 35, as enrolled, is not the balanced propo hat is needed to provide meaningful relief from soaring home prices. Eliminating opportunities for public review of major multifamily developments goes against the principles of local democracy and public engagement. Public hearings allow members of the community to inform their representatives of their support or concerns. "Streamlining" in the context of SB 35 appears to mean a shortcut around public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and additional ballot measures dealing with growth management. M The Honorable Edmund G. Brown, Jr. October 3, 2017 Page 2 In recent weeks, news reports have suggested that you may sign SB 35 in an attempt to expedite housing approvals. If SB 35 is signed into law, City of Rancho Palos Verdes would strongly encourage your involvement in cleanup legislation next year that would, at a minimum, include the following: Require the trigger for ministerial approval of housing projects to be based on the number of entitled and approved applications, a process that a local agency actually controls, rather than building permits, which a developer controls and will not pull until they are ready to construct a project. Establish a safe harbor for pro -housing cities doing the right thing and meeting all state housing laws. For these reasons, the City of Rancho Palos Verdes respectfully urges your veto of SB 35. Sincerely, Brian Campbell Mayor cc: Rancho Palos Verdes City Council Senator Ben Allen, 26th District Assembly Member Al Muratsuchi, 66th District Jeff Kiernan, League of California Cities Meg Desmond, League of California Cities October 3, 2017 VIA FACSIMILE: (916) 558-3160 The Honorable Edmund G. Brown, Jr. Governor, State of California State Capitol, 1St Floor Sacramento, CA 95814 SUBJECT: SB 231 (Hertzberg). Local Government. Fees and Charges. Request for Veto Dear Governor Brown: The City of Rancho Palos Verdes respectfully requests your veto of Senate Bill No. 231 (SB 231). Rancho Palos Verdes is one of many cities facing daunting costs in complying with the Los Angeles Regional Water Quality Control Board's municipal separate storm sewer system (MS4) requirements for stormwater capture and treatment. We do appreciate the Legislature's attempt to find solutions for cities looking for funding sources to comply with these regulations. However, we believe that simply passing the costs onto homeowners without a vote is the wrong way to go about doing it. Proposition 218 guarantees citizens the right to vote on local taxes, fees, and assessments, but carves out exceptions for trash, water, and sewage fees. The measure did not fully define these exceptions, leading an appellate court to determine in 2002 that property fees for stormwater collection were not covered by the water or sewer exceptions. Including stormwater collection in the definition of sewers would, therefore, allow cities to impose large fees on property owners without a direct vote of our residents. We believe that SB 231, while well-intentioned, violates the intent of Proposition 218 to only include limited exceptions to the requirement of a vote on most taxes to maintain a baseline level of public health and safety services. Carving out new exceptions by changing the definitions of the original exceptions would set an unfortunate precedent and undermine the longstanding right of residents to vote on their own local taxes and fees. While our city appreciates assistance in complying with our MS4 requirements for stormwater management, we believe that passing the costs on to property owners without a vote is not the right or sustainable way to do it. C-1 For these reasons, the City of Rancho Palos Verdes requests your veto of SB 231. Sincerely, Brian Campbell Mayor cc: Rancho Palos Verdes City Council Senator Ben Allen, 26th District Assembly Member Al Muratsuchi, Jeff Kiernan, League of California Meg Desmond, League of Californ C-2 October 3, 2017 VIA FACSIMILE: (916) 558-3160 The Honorable Edmund G Brown, Jr. Governor, State of California State Capitol, 111 Floor Sacramento, CA 95814 SUBJECT: SB 649 (Hueso). Wireless Telecommunications Facilities (as enrolled) Request for Veto Dear Governor Brown: The City of Rancho Palos Verdes respectfully requests your veto of SB 649 (Hueso), which seeks to eliminate public input, eliminate reasonable local environmental and design review, mandate the forced leasing of publicly owned infrastructure, and eliminate the ability for local governments to negotiate fair leases or any public benefit for the installation of "small cell" wireless equipment on taxpayer -funded property. By eliminating our local discretion and mandating a ministerial process, SB 649 effectively eliminates the ability for our residents and businesses from having fair input over the character of their own communities. Most troubling is the shift of authority from the community and our elected officials to for-profit corporations for wireless equipment installations that can have significant health, safety, and aesthetic impacts when those companies have little, if any, interest to respect these concerns that potentially conflict with their profit margins. Our elected officials play a critical role in balancing the important needs of our community and respect for its character with the need to close the existing/widening digital divide and ensure that the many benefits from state-of-the-art wireless technology are available to all. Our local residents and businesses expect our city to be equipped to respond when they have legitimate concerns, especially as they relate to the location and design of these installations near or adjacent to their property. In 2015, the City of Rancho Palos Verdes undertook a comprehensive initiative to develop a new wireless telecommunications permitting process for small cells and other installations in the City's public rights-of-way, particularly in residential neighborhoods. This initiative, which was undertaken as a result of increasing resident concerns about the proliferation of cell sites in the City's public rights-of-way, involved the participation of City leaders, residents and telecommunications service providers, culminating in the adoption of the City's Wireless Telecommunications Facilities Ordinance in March 2016. The City is currently processing more than two dozen permit applications under this ordinance. The plain language of SB 649 gives the wireless industry the ability to install extremely large equipment, 6 cubic feet worth of antennas and 21 cubic feet worth of equipment (about the size of a twin bed) on "vertical infrastructure," such as street lights, traffic signals, and stop signs D-1 The Honorable Edmund G. Brown, Jr. October 3, 2017 Page 2 without any showing that the industry is incapable of delivering smaller cellular equipment that improves the safety and aesthetic qualities of these facilities. Further, the bill allows the industry to place up to 35 cubic feet (about the size of a commercial refrigerator) of equipment on the ground for each provider on every pole. But the ultimate size of a facility will be unknown as there are exclusions for at least eight "ancillary" pieces of equipment that have no size or quantity limitations. The loose language in SB 649 eliminates any incentives for industry to develop smaller and more discreet designs. To be clear, what SB 649 gives the industry is far larger than the claimed "pizza box" size "small cell" site. In an unprecedented move, SB 649 forces our city to give access to public property funded by our taxpayers so that for-profit wireless corporations can install their equipment to sell their private services. By eliminating fair market rate leases for use of taxpayer funded property (including city halls, parks, county libraries, and "vertical infrastructure"), this bill effectively gives corporations discounted access to these facilities with no requirement to pass their cost -savings onto their customers. SB 649 creates billions of dollars of value for wireless industry shareholders by eliminating fair market rate leases. Furthermore, rents from the use of public property, which every other for-profit business pays, help pay for our essential public services, such as police, fire, libraries, and parks. SB 649 sets a dangerous precedent for other private industries to seek similar treatment to benefit their shareholders over constituent funded infrastructure, further eroding the ability to fund our vital local services. The term "small cell" is not defined in this bill by any technology standard, but instead by the size of the equipment. As long as the facility delivers "licensed and/or unlicensed spectrum" and falls within the loose size standards in the bill, it is a "small cell". In other words, these wireless sites could be used for 4G technology that is already being deployed today, or to deliver Wi-Fi signals only, or for even more basic radio signals. The standards for 5G are still being developed and the technology is still years away from being deployed. Despite the industry's most consistent talking point, this bill never even mentions 5G (nor any service) much less imposes any requirement, duty, or incentive to the industry to accelerate the deployment of this new technology. For these reasons, the City of Rancho Palos Verdes respectfully requests your veto of SB 649. Sincerely, Brian Campbell Mayor cc: Rancho Palos Verdes City Council Senator Ben Allen, 26th District Assembly Member Al Muratsuchi, 66th District Jeff Kiernan, League of California Cities Meq Desmond, League of California Cities D-2