CC SR 20171017 01 - SB 649 & ADUsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/17/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action relating to State -imposed standards for accessory
dwelling units (ADUs) and small cell wireless facilities in the public right-of-way.
RECOMMENDED COUNCIL ACTION:
(1) Provide direction regarding creating or joining a coalition of California cities to
oppose State encroachment on local control over issues such as ADUs and
small cell wireless facilities.
FISCAL IMPACT: Legal costs of such action are too speculative to realistically
estimate at this time. However, among the possible actions to be taken is to set aside
$1 million for this initiative.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Elena Q. Gerli, Assistant City Attorney
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager.'
ATTACHED SUPPORTING DOCUMENTS:
A. Documents from "Taking Back Our Community" Coalition (page A-1)
BACKGROUND AND DISCUSSION:
In recent years, the State of California has increasingly encroached upon cities' ability to
govern their own affairs. The State's encroachment is an important issue for the City
Council, and the Council feels that it is time for the City to take some action to limit this
trend. Part of these changes have affected the criminal justice system in AB 109 and
Propositions 47 and 57, which have led to early release of prisoners and threaten public
safety. But other community values are threatened. Two recent examples are new
state legislation and regulatory requirements regarding accessory dwelling units (ADUs)
and small cell wireless facilities.
Despite massive local opposition by cities and through the League of California Cities
the state has not been dissuaded from its course. Accordingly, the Council is
considering creating or joining a coalition of local government with common goals. An
example of an existing coalition is the Taking Back Our Communities coalition, created
01203.0001/412071.2
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by the City of Monrovia, which is concerned about the unintended consequences of
realignment (AB 109). The City of Monrovia formed this coalition and is inviting other
cities to join.
It is proposed to create a fund of up to $1 million for these purposes, including litigation
if needed. The two recent examples of state overreach that threatens the community
character of Rancho Palos Verdes are discussed below.
A. Accessory Dwellina Units
In 2016, certain amendments to Section 65852.2. of the Government Code were
enacted, which rename "Second Housing Units" as "Accessory Dwelling Units" (ADUs),
and required cities to update their development codes to conform to State guidelines.
Effective January 1, 2017, the statute invalidated local development codes related to
ADUs not in conformance with these provisions. Changes from the City's current
zoning are summarized in the chart below:
City of RPV
State Gov't Code
Minimum setbacks of 20' front, 5' side and
Reduced 5' rear yard setbacks if ADU
15' rear setbacks.
constructed over an existing garage
Served by sanitary sewer
Private sewage disposal may be allowed
with approval of Local Health Officer
1 enclosed parking space required
Minimum 1 parking space can be "tandem
on existing driveway", which means
unenclosed on existing driveway
Over certain square footage, any second
Ministerial (over-the-counter) approval
story, inclusion of balconies 80SF or
within 120 days of application submittal
larger, and height over 16' requires
discretionary review
Coastal Development Permit (CDP)
No public hearings for CDP
required for most improvements seaward
of the 1St public road, some requiring
public hearings
The new law's intent is to support infill and affordable housing development. The
statute intends to "ease and streamline" current statewide regulations, encourage the
building of ADUs, and create more housing options. The statute also "improve[s] and
incentivize[s] the creation of ADUs as ways to create more rental property and incomes
for families to stay in their current homes." However, these standards make no
concessions for the particular character of local communities. Of particular interest to
the City, for example, is that parking and setback requirements for ADUs are
01203.0001/412071.2
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significantly less restrictive than what the City has in its development code now, and a
recently passed bill reduces those requirements even further as of January 1, 2018.
The City will be required to permit conversion of covered garage spaces into habitable
units, thus increasing density in single family zones and reducing parking.
B. Small cell wireless facilities
SB 649 has been adopted by the California Assembly and the Senate, and is before the
Governor for signature. A strong push is being made by many local governments and
the League of California Cities to get the Governor to veto the bill (this would kill the bill
unless the veto is overridden by a two-thirds vote in both houses). If signed into law,
SB 649 would add Section 65964.2 to the Government Code, with the purpose of
streamlining the approval process to place small cell wireless facilities on city -owned
and controlled vertical infrastructure.
The bill imposes ministerial approval by local agencies of applications for small cells
"located in a public right-of-way in any zone or in any zone that includes a commercial
or industrial use." SB 649 would allow small cell placement on existing vertical
infrastructure and "on property not located in the public rights-of-way ... [where] space is
made available for comparable commercial projects or uses" (note that "small cell" is
defined not to include vertical infrastructure, implying that a streamlined permit process
for new poles is not mandated by SB 649). SB 649 restricts the amount of rent local
agencies can charge telecommunication companies for placing small cells on city
property, although it does allow cities to charge reasonable permit fees and obtain "full
recovery ... of the costs of attaching communications facilities to utility poles,
streetlights, and other suitable host infrastructure...." SB 649 allows cities to require a
building permit or its functional equivalent for installation outside the public right-of-way,
an encroachment permit "or its functional equivalent issued consistent with Sections
7901 and 7901.1 of the Public Utilities Code for placement in public rights-of-way, and
any additional ministerial permits, provided that all permits are issued within the
timeframes required by state and federal law."
The City is currently processing more than two dozen wireless antenna applications in
the public right of way. This legislation will adversely impact the City's ability to regulate
these applications.
C. Criminal Justice: Monrovia Coalition
Attached are materials received from the City of Monrovia concerning a coalition being
formed called the "Taking Back Our Community," focused on the need for changes to
the criminal justice system due to the impacts of AB 109 and Propositions 47 and 57,
which are leading to increased local crime.
At a Council meeting on September 5, 2017, the Los Angeles County Sheriff's
Department made a presentation on the impacts of these measures, which are briefly
summarized as follows:
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Obviously the state's population is growing but the state is not building
new prisons which results in jail over -crowding and through litigation, the
courts have become involved. There are something like 125,000 beds in
state system and 85, 000 in counties and cities, and 20, 000 in County of
Los Angeles. The state has pushed significant portion of their population
down into the local level which means there is less space in the local level.
In LA County now, if you get convicted of anything involving less than 120
day sentence, you are immediately released—and on longer sentences
you only serve portion of your time. Additionally, convictions do not
aggregate—a new one is treated the same as the first one. A chart shows
that someone with 60 convictions for burglary will be treated the same as
if they had one. The result is that there are thousands of convicts walking
the street in LA who should be in prison and they are committing repeat
crimes. The recidivism rate is 60%. The state which has saved money by
these policies has not put anything into programs to reform behaviors, and
the early releases don't give incentives or opportunities to participate in
programs. Another chart shows that while crime is declining nation-wide,
in California the trend is increasing—which is ascribed to the impact of
these laws.
City Council Action
It is proposed that (1) the City join the Monrovia Coalition, and (2) the City Council set
aside a fund of up to $1 million dollars to take action to restore local control. This may
involve legal challenges over the state regulations on ADUs and over small cell wireless
facilities that are to be installed on public property. The Council could also initiate
litigation, but may also be subject to litigation in these matters, and the fund would cover
these costs as well.
The City Attorney has analyzed various legal theories to challenge these state actions.
There are a number of potential theories but as a general law city whose powers come
from the state, the courts generally strictly construe the powers of a city, so any litigation
option is difficult. The City's position would be much stronger as a charter city. Charter
cities have control over all matters that are municipal affairs whereas the State retains
control over charter cities for matters of statewide concern. The Council could consider
exploring the adoption of a city charter to increase its likelihood of success in these
matters, but also to have a greater degree of control over its affairs overall.
Of course, the alternative to legal challenge is political and that is the motivation of the
Monrovia effort.
Attached for the Council's information is a packet of information regarding this coalition;
it requires a financial commitment of $1,500 per year for as long a city is a member of
the coalition. Those funds are primarily used for a public relations firm to craft an initial
outreach, including a website, informational materials and videos, and social media. So
far, at least 19 entities have joined the coalition. However, as a single, general law city,
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the City of Rancho Palos Verdes may not have a great deal of clout, or at least not as
much as if it is part of a coalition of cities that share a common goal.
Benefits of such a coalition include sharing of resources and ideas, lower costs in the
event of litigation, and more clout with the State government. If the Governor signs SB
649 into law, a similar coalition is likely to form, and if not there are many local agencies
that have vigorously opposed this bill who are likely to want to be involved in an effort to
roll it back. At this time it is unclear how many other agencies would be interested in
joining an effort to roll back some of the ADU development standard requirements, but a
public relations effort here may be fruitful.
As mentioned, the City may end up in litigation over one or both of the statutes. Even if
the City takes no overt action against the State, unless it complies with the State's
requirements, it is likely to be challenged and have to defend its actions in court.
It should be noted that the City is a general law city, and therefore control over its affairs
can be curtailed to a greater extent that it could if it were a charter city.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Join the Monrovia Coalition and seek to broaden the issues being pursued
by the Coalition.
2. Set aside $1 million for these efforts including for litigation.
3. Instruct the City Attorney to initiate litigation.
4. Seek additional cities to join in litigation.
5. Explore reinitiating a Charter adoption process asking the City Attorney to
bring back a report.
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TARIN
OUCpgI
COMMUNITY
September 13, 2017
Hello!
Thank you for your interest in joining an important new statewide coalition called Taking Back Our Community.
Taking Back Our Community is a growing coalition of California cities coming together to establish a unified message
to advocate for common sense changes to California's criminal justice system to help address the public safety
impacts resulting from Assembly Bill 109, Proposition 47, and Proposition 57. This coalition aims to engage and
educate our constituents on the reasons why crime is increasing and build public support for legislative changes at
the State level.
Similar to many jurisdictions in the San Gabriel Valley, the cities of Arcadia, Glendora, and Monrovia have all been
experiencing significant increases in crime during the past few years. As we worked to develop a response to the
public safety issues at hand, we came to the conclusion that unless State legislative changes are made, we are
facing an uphill climb when it comes to reducing crime levels — no matter how many more police officers we hire.
Given the scale and scope of the public safety challenges we face in California, we felt it was important to invite all
cities and other stakeholders across California to join our efforts.
Included on this USB drive is a flyer with more information on reasons to join the Taking Back Our Community
Coalition (see "Join the Coalition Flyer"). There are two ways a city may join the Taking Back Our Community
coalition, depending on whether or not City Council authorization is required.
To assist you in your review of the program, we have prepared the following template documents for your
consideration:
Sign the Taking Back Our Community Coalition Agreement (see "City Manager Authorization — TBOC
Agreement"); or
Ask your City Council to adopt a formal resolution authorizing your City to join the coalition. A sample
staff report and related attachment is included for your reference and use (see "Sample Staff Report —
TBOC" and "Sample Staff Report - Exhibit A - TBOC Resolution").
Cities wishing to join the coalition will be mailed an invoice for $1,500 / year to further the coalition's objectives.
These membership dues will be used to coordinate the development of an overall public education and outreach
campaign.
Currently, the majority of the funds will be used to fund our initial outreach efforts through a public relations firm to
create the following:
An infographic video that provides an overview of the public safety issues impacting communities and
directs individuals to the www.TakingBackOurCommunityCA.com website that will have Calls to Action
to contact your State representatives
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• Multiple in-depth videos interviewing individuals and businesses impacted by the adverse effects
related to this legislation
• A stand-alone coalition website for residents and businesses to learn about these issues to ensure
consistent, fact -based messaging across agencies
• A coalition logo
• Setting up social media accounts on Facebook, Twitter, and YouTube, and organizing campaign posts
to raise awareness
Additionally, the funds will be used for outreach materials to assist at future conferences and related events.
The Taking Back Our Community Coalition is quickly growing to include many cities in our region, as the response to
the initiative has been overwhelming and positive. To date, we have 19 agencies that have agreed to join the
coalition, including:
1. Alhambra
2. Arcadia
3. Claremont
4. Covina
5. Duarte
6. Glendora
7. Irwindale
8. La Canada Flintridge
9. La Verne
10. Monrovia
11. Monterey Park
12. Pasadena
13. San Marino
14. Sierra Madre
15. West Covina
16. Whittier
17. San Gabriel Valley Council of Governments
18. California Police Chiefs
19. Association of Deputy District Attorneys
You can learn more about this coalition by visiting www.TakingBackOurCommunityCA.com. If you have any
questions, please feel free to let us know directly, or you can contact Brittany Mello, Senior Management Analyst, at
bmello anci.monrovia.ca.us or (626) 932-5571.
We hope that you will be interested in participating in this important venture, and appreciate your time and
consideration!
Best regards,
Chris Jeffers
City Manager
City of Glendora
cieffersaci.alendora.ca.us
(626) 914-8201
Dominic Lazzaretto
City Manager
City of Arcadia
domlazz anarcadiaca.aov
(626)574-5401
Oliver Chi
City Manager
City of Monrovia
ochi@ci.monrovia.ca.us
(626) 932-5585
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STATE CHANGES AFFECTING OUR COMMUNITY INCLUDES:
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ASSEMBLY BILL 109 PROPOSITION 47 PROPOSITION 57
COALITION OBJECTIVES REASONS TO JOIN
• To raise public awareness of why 0 Official Taking Back Our Community branding with your agency's
crime is increasing in our state. logo
• To provide a consistent message 0 Infographic video summarizing the issue and impactful stories told
surrounding the facts and by the community
impacts of AB 109, Prop 47, and 0 In-depth legislative tracking
Prop 57. 0 Customizable outreach material including:
• To advocate for State legislative • Comprehensive Fact Sheet
changes to improve law • Sample letter to State
enforcement's ability to respond legislators
to crime. 0 Informational brochure
HOW TO JOIN
Contact the City of Monrovia at (626) 932-5571
or email bmello@ci.monrovia.ca.us for more
information on how to join.
MEMBERSHIP DUES
$1,500 per year
Find out more at www.TakingBackOurCommunityCA.com
COALITION MEMBERS
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TAKING BACK OUR COMMUNITY COALITION
This Taking Back Our Community Coalition (hereinafter, the "Coalition") is entered
into by and among municipalities and agencies within the State of California
("Members") for the purpose of establishing a unified message to advocate for
common sense changes to California's criminal justice system that address the
public safety impacts resulting from Assembly Bill 109, Proposition 47, and
Proposition 57.
RECITALS
WHEREAS, Coalition members agree that recent State legislative changes —
namely Assembly Bill 109, Proposition 47, and Proposition 57 — made some changes to
California's criminal justice system that were needed and necessary; and
WHEREAS, Assembly Bill 109, Proposition 47, and Proposition 57, have had
negative public safety impacts that have affected cities, counties, and other public safety
organizations throughout California; and
WHEREAS, through a collaborative effort, the Coalition seeks to advocate for
common sense legislative solutions that will enhance the criminal justice system in
California more equitably.
NOW, THEFORE, the Taking Back Our Community Coalition Members agree as
follows:
1. The City of Monrovia shall act as the lead agency with respect to the administration
of the Coalition, and shall act as treasurer for the Coalition, responsible for the collection
of fees from Coalition members and the payment of costs incurred on behalf of the
Coalition; and
2. In order to achieve the objectives of the Coalition, each Member agrees to pay one
thousand five hundred dollars ($1,500.00) on an annual basis to the lead agency as long
as the Member wishes to remain in the Coalition.
3. Each Member shall designate one or more representatives to be an active
participant in Coalition meetings, and facilitate the exchange and dissemination of
information to further the Coalition's objectives.
IN WITNESS THEREOF, the City of
Back Our Community Coalition as of
signer below.
does hereby join the Taking
2017, as authorized by the
CITY OF XXXXXXXX
Approved by:
Name, City Manager