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HomeMy WebLinkAboutCC_2018_02_27_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, February 27, 2018 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Sturtevant ROLL CALL: Mayor O’Malley Mayor Pro Tem Fonzi Council Member Bourbeau Council Member Moreno Council Member Sturtevant APPROVAL OF AGENDA: Roll Call Recommendation: Council: 1. Approve this agenda; and 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. PRESENTATIONS: 1. Water Update City Council Regular Session: 6:00 P.M. Page 1 of 37 A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Draft Action Minutes – February 9, 2018 and February 13, 2018  Recommendation: Council approve the City Council Draft Action Minutes of the February 9, 2018 and February 13, 2018, City Council meetings. [City Clerk] 2. Title 9 Planning and Zoning Text Amendments - Downtown Office and Residential (PLN 2015-1571 / ZCH 2015-0177)  Fiscal Impact: None.  Recommendation: Council adopt on second reading, by title only, the Draft Ordinance amending the Atascadero Municipal Code, Title 9 Zoning Ordinance, Section 9-3.330 requiring a Conditional Use Permit for office uses on the ground floor and prohibiting ground floor residential uses within the Downtown Zoning District; Section 9-3.347 removing a 20 foot setback requirement from West Mall; and Section 9-7.110 allowing an office use to be re-established following involuntary destruction. [Community Development] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or cityclerk@atascadero.org.) B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Informational Presentation Regarding Local Wildland Fire Threats and Emergency Planning  Fiscal Impact: None.  Recommendation: Council receive the informational presentation regarding local wildland fire threats and emergency planning. [Fire Department] Page 2 of 37 2. Resolution in Support of the Reducing Crime and Keeping California Safe Act of 2018  Fiscal Impact: None.  Recommendation: Council adopt Draft Resolution in support of the Reducing Crime and Keeping California Safe Act of 2018. [Police Department] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. SLO Council of Governments (SLOCOG) 4. SLO Regional Transit Authority (RTA) 5. Integrated Waste Management Authority (IWMA) 6. Ad Hoc Animal Shelter Committee Mayor Pro Tem Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) 4. City of Atascadero Design Review Committee 5. Atascadero Basin Ground Water Sustainability Agency (GSA ) 6. Ad Hoc Animal Shelter Committee Council Member Bourbeau 1. City of Atascadero Design Review Committee 2. Homeless Services Oversight Council 3. City of Atascadero Finance Committee 4. SLO County Water Resources Advisory Committee (WRAC) Council Member Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. Economic Vitality Corporation, Board of Directors (EVC) Council Member Sturtevant 1. City / Schools Committee 2. League of California Cities – Council Liaison Page 3 of 37 E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and av ailable for review in the City Clerk's office. I, Amanda Muther, Deputy City Clerk of the City of Atascadero, declare under penalty of perjury that the foregoing agenda for the February 27, 2018 Regular Session of the Atascadero City Council was posted on February 20, 2018, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review at that location. Signed this 20th day of February 2018, at Atascadero, California. Amanda Muther, Deputy City Clerk City of Atascadero Page 4 of 37 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to m ake slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. Page 5 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council – Special Meeting February 9-10, 2018 Page 1 of 5 SPECIAL MEETING ATASCADERO CITY COUNCIL Friday, February 9, 2018, 6:00 P.M. Saturday, February 10, 2018, 8:30 A.M. City Hall – Council Chambers 6500 Palma Avenue, Atascadero (Enter on Lewis Avenue) ************************************* Strategic Planning Workshop MINUTES FRIDAY, FEBRUARY 9, 2018, 6:00 P.M. Mayor O’Malley called the meeting to order at 6:05 p.m. ROLL CALL: Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem Fonzi, and Mayor O’Malley Absent: None Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Public Works Director Nick DeBar, Police Chief Jerel Haley, Fire Chief Casey Bryson, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara Christensen, Deputy City Manager Terrie Banish, and Assistant Planner Katie Banister COUNCIL WORKSHOP – STRATEGIC PLANNING After brief introductions of those in the room, Mayor O’Malley noted that this was a mid-budget cycle Strategic Planning session. City Manager Rickard provided a brief explanation of the Strategic Planning Workshop process. She reported that the three priorities for Council during the 2017 -2019 budget cycle are: Page 6 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council – Special Meeting February 9-10, 2018 Page 2 of 5 1. Economic Development 2. Downtown Redevelopment 3. Employee Resources COMMUNITY FORUM: The following persons spoke during public comment: Ellen Beraud, Susan Funk and RaeBelle Gambs Mayor O’Malley closed the COMMUNITY FORUM period. City Manager Rickard distributed the 2017-2019 Action Plan adopted by the City Council at the June 13, 2017 Meeting (Exhibit A). The City Council and staff reviewed the Action Plan and discussed accomplishments over the past year. COMMUNITY FORUM: The following persons spoke during public comment: Susan Funk, RaeBelle Gambs and Ellen Beraud Mayor O’Malley closed the COMMUNITY FORUM period. Mayor O’Malley recessed the meeting at 7:35 p.m. Mayor O’Malley reconvened the meeting with all present at 7:47 p.m. The City Council reviewed the 2017-2019 Action Plan La Plaza Project item in more detail. COMMUNITY FORUM: The following persons spoke during public comment: Ellen Beraud, Susan Funk and Zoe Zappas Mayor O’Malley closed the COMMUNITY FORUM period. Community Development Director Dunsmore gave a presentation on the following Action Plan Economic Development sub-items (Exhibit B): o Acquisition and assembly of commercial property o Prepare a General Plan update for commercial zones o Investment in commercial district infrastructure o Use of eminent domain o Use of road abandonment o Flexible zoning incentives ADJOURNMENT: Mayor O’Malley adjourned the meeting at 9:08 p.m. to Saturday, February 10, 2018, at 8:30 a.m. to continue the Strategic Planning Workshop. Page 7 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council – Special Meeting February 9-10, 2018 Page 3 of 5 SATURDAY, FEBRUARY 10, 2018, 8:30 A.M. Mayor O’Malley called the meeting to order at 8:34 a.m. ROLL CALL: Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem Fonzi, and Mayor O’Malley Absent: None Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Public Works Director Nick DeBar, Police Chief Jerel Haley, Fire Chief Casey Bryson, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara Christensen and Deputy City Manager Terrie Banish COUNCIL WORKSHOP – STRATEGIC PLANNING Community Development Director Dunsmore continued his presentation on the following Action Plan Economic Development sub-items (Exhibit B): o City to develop ADA stock plans o Consider a vacancy tax o Consider changes to frontage improvement policy o Consider waiver of parking requirement o Develop SWPP receiver sites o Investigate creative fee waiver programs o Engage in an active recruiting campaign for retail stores o Engage in an active recruiting campaign for attracting jobs o Amend zoning (allowed uses) to facilitate development of underutilized land in commercial zones o Work with LAFCO and property owner to clean up City limit line at north end of the City Mayor O’Malley recessed the meeting at 9:41 a.m. Mayor O’Malley reconvened the meeting with all present at 9:53 a.m. COMMUNITY FORUM: The following persons spoke during public comment: Susan Funk Mayor O’Malley closed the COMMUNITY FORUM period. City Manager Rickard led the City Council in an exercise to recap the Economic Development sub-items discussed and gauge the prioritization of these items. Page 8 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council – Special Meeting February 9-10, 2018 Page 4 of 5 Community Development Director Dunsmore continued the Economic Development discussion by presenting to the City Council on the 2017-2019 Action Plan Del Rio Specific Plan item (Exhibit B). Next, Community Development Director Dunsmore led a discussion by the City Council on downtown parking (Exhibit B) and reviewed a recent parking study done for the downtown area. Mayor O’Malley recessed the meeting at 11:31 a.m. Mayor O’Malley reconvened the meeting with all present at 11:34 a.m. The City Council transitioned into discussion on 2017-2019 Action Plan item regarding the consideration for the relocation of Fire Station 1, led by Fire Chief Bryson. COMMUNITY FORUM: The following persons spoke during public comment: Susan Funk Mayor O’Malley closed the COMMUNITY FORUM period. Mayor O’Malley recessed the meeting at 12:11 p.m. Mayor O’Malley reconvened the meeting with all present at 12:35 p.m. The City Council engaged in discussion on the following 2017-2019 Action Plan items:  Considering elimination of the Parks and Recreation Commission  Considering amendments to the AMC for top ten minor code enforcement complaints Finally, the City Council had brief discussions on these other identified topics:  Council and staff relations (Exhibit C)  2016 Council norms (Exhibit D)  Quality of life  Co-working space  Tax sharing agreement with the County  Eagle Ranch  VRBO/air bnb  Broadband  Marijuana taxation  Homeless  Animal Control  Smoking ordinance (tobacco and marijuana)  Styrofoam  Review of new housing laws  Tiny house/second units (new state rules)  Affordable housing  Colony Architecture  Drought/water update  Alcohol Beverage Control update o Business relations and public convenience o Downtown o Events  Sewage Treatment Plant upgrades  Sewer extensions into neighborhoods  Solar  Creating new trails Page 9 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council – Special Meeting February 9-10, 2018 Page 5 of 5 By consensus, Council directed staff to look into bringing information to the Council: 1. Placing a ballot measure on the November 2018 ballot for a marijuana tax 2. Addressing the open consumption of alcohol 3. Water update from John Neil, Atascadero Mutual Water Company In closing, the City Council shared their final thoughts on the Strategic Planning process and moving forward with the 2017-2019 Priorities. ADJOURNMENT: Mayor O’Malley adjourned the meeting at 2:54 p.m. to the next Regular Session. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen Deputy City Manager / City Clerk The following exhibit is available for review in the City Clerk’s office:  Exhibit A – Action Plan 2017-2019 provided to Council by City Manager Rickard  Exhibit B – Economic Development presentation by Community Development Director Dunsmore  Exhibit C – Institute of Local Governments handout – Attributes of Exceptional Councils  Exhibit D – 2016 Council Norms APPROVED: Page 10 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council February 13, 2018 Page 1 of 5 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, February 13, 2018 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:00 p.m. and Council Member Moreno led the Pledge of Allegiance. ROLL CALL: Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem Fonzi and Mayor O’Malley. Absent: None. Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Public Works Director Nick DeBar, Police Chief Jerel Haley, Community Development Director Phil Dunsmore, City Attorney Brian Pierik, City Treasurer Gere Sibbach and Deputy City Manager/City Clerk Lara Christensen. APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Council Member Moreno to: 1. Approve this agenda; and, 2. Waive the reading in full of all ordinances appearing on this agenda, and the titles of the ordinances will be read aloud by the City Clerk at the first reading, after the motion and before the City Council votes. Motion passed 5:0 by a roll-call vote. City Council Regular Session: 6:00 P.M. Page 11 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council February 13, 2018 Page 2 of 5 PRESENTATIONS: None. A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – January 23, 2018  Recommendation: Council approve the City Council Draft Action Minutes of the January 23, 2018, City Council meeting. [City Clerk] 2. December 2017 Investment Report  Fiscal Impact: None.  Recommendation: Council receive and file the City Treasurer’s report for quarter ending December 2017. [Administrative Services] MOTION: By Council Member Moreno and seconded by Mayor Pro Tem Fonzi to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. B. PUBLIC HEARINGS: 1. Title 9 Planning and Zoning Text Amendments - Downtown Office and Residential (PLN 2015-1571 / ZCH 2015-0177)  Fiscal Impact: None.  Recommendation: Council Introduce for first reading, by title only, the Draft Ordinance amending the Atascadero Municipal Code, Title 9 Zoning Ordinance, Section 9-3.330 requiring a Conditional Use Permit for office uses on the ground floor and prohibiting ground floor residential uses within the Downtown Zoning District; Section 9-3.347 removing a 20 foot setback requirement from West Mall; and Section 9-7.110 allowing an office use to be re-established following involuntary destruction. [Community Development] Ex Parte Communications Council Members Bourbeau, Moreno, and Mayor Pro Tem Fonzi noted that they had spoken with Mike Zappas and other downtown business owners regarding the proposed changes to the zoning ordinance. Council Member Sturtevant and Mayor O’Malley stated they have had no communications on this item. Community Development Director Dunsmore gave the staff report and answered questions from the Council. City Attorney Pierik also answered questions from the Council. An updated, redline version of the Draft Or dinance Exhibits was provided by staff to the City Council (Exhibit A). Page 12 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council February 13, 2018 Page 3 of 5 Mayor O’Malley opened the Public Hearing and a sked if anyone would like to address the City Council on this matter. The following individuals spoke on the matter: Barbara Nunez, Laurie Ferguson, Geoff Auslen, Susan Funk, Dr. Brack Linscott, Dr. John Anderson, Linda Baker, Dr. Matthew Coons and Annie Weyrich. Hearing no further requests to speak, Mayor O’Malley closed the Public Hearing. MOTION: By Mayor Pro Tem Fonzi and seconded by Council Member Moreno to introduce for first reading, by title only, the Draft Ordinance amending the Atascadero Municipal Code, Title 9 Zoning Ordinance, Section 9-3.330 requiring a Conditional Use Permit for office uses on the ground floor and prohibiting ground floor residential uses within the Downtown Zoning District; Section 9-3.347 removing a 20 foot setback requirement from West Mall; and Section 9-7.110 allowing an office use to be re -established following involuntary destruction with the following redline changes to Sections 9-3.330 Table 4.1, 9-3.347 and 9-7.110 from the draft presented in the agenda report: 9-3.330 Nonresidential district allowable land uses Table 4.1: Non-Residential Uses Notes: (These notes apply only to Table 4.1). 10 Allowed above ground floor. Conditional Use Permit required on ground floor on Palma, East Mall, West Mall Entrada and, Traffic Way west of Palma and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following findings: 1. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses. 2. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses. 3. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown 4. The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall. 5. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown. 9-3.347 DC/DO Zone. Development Feature Requirement by Zoning District DC DO Downtown Commercial Downtown Office Sides (each) None required. except for East Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. Page 13 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council February 13, 2018 Page 4 of 5 9-7.110 Destroyed structures and signs. If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 9-7.106) or a nonconforming sign is destroyed or partially destroyed to the extent of seventy-five (75) percent or more of the replacement cost of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed; provided, the use, structure or sign and the land on which it was located are in conformity, or are brought into conformity with all applicable requirements of this title with the exception of the following: (a) A ground floor health care or office use within the DC zoning district may be reconstructed within the same building footprint, if destroyed by more than 75%, providing that the use, business ownership and floor area of the business all remain unchanged. If a nonconforming use, structure or sign is partially destroyed by fire, explosion or act of God, to less than seventy-five (75) percent of the replacement cost of the total structure before destruction, it may be restored to its former nonconforming status, with the exception of the following: (a) A ground floor health care or office use within the DC zoning district may be reconstructed within the same building footprint providing that the same use, business ownership and floor area of the business remain unchanged. Deputy City Manager/City Clerk Christensen read the title of the Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE, TITLE 9 ZONING ORDINANCE, SECTION 9-3.330 REQUIRING A CONDITIONAL USE PERMIT FOR OFFICE USES ON THE GROUND FLOOR AND PROHIBITING GROUND FLOOR RESIDENTIAL USES WITHIN THE DOWNTOWN ZONING DISTRICT; SECTION 9-3.347 REMOVING A 20 FOOT SETBACK REQUIREMENT FROM WEST MALL; AND SECTION 9-7.110 ALLOWING AN OFFICE USE TO BE RE-ESTABLISHED FOLLOWING INVOLUNTARY DESTRUCTION (PLN 2015-1571 / ZCH 2015-0177) Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: None. Mayor O’Malley recessed the meeting at 7:42 p.m. Mayor O’Malley reconvened the meeting with all present at 7:47 p.m. Page 14 of 37 ITEM NUMBER: A-1 DATE: 02/27/18 Atascadero City Council February 13, 2018 Page 5 of 5 COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Bourbeau and Mayor O’Malley made brief announcements. D. COMMITTEE REPORTS: The following Council Members gave brief update reports on their committees since their last Council meeting: Mayor O’Malley 1. County Mayors Round Table 2. SLO Council of Governments (SLOCOG) 3. Ad Hoc Animal Shelter Committee Mayor Pro Tem Fonzi 1. Air Pollution Control District 2. SLO Local Agency Formation Commission (LAFCo) 3. Atascadero Basin Ground Water Sustainability Agency (GSA ) 4. Ad Hoc Animal Shelter Committee Council Member Bourbeau 1. City of Atascadero Design Review Committee 2. Integrated Waste Management Authority (IWMA) Council Member Moreno 1. Economic Vitality Corporation, Board of Directors (EVC) E. INDIVIDUAL DETERMINATION AND / OR ACTION: None. F. ADJOURN Mayor O’Malley adjourned the meeting at 8:05 p.m. MINUTES PREPARED BY: ______________________________________ Lara K. Christensen Deputy City Manager / City Clerk The following exhibit is available for review in the City Clerk’s office:  Exhibit A – Updated, redline version of Draft Ordinance Exhibits provided to the City Council. APPROVED: Page 15 of 37 ITEM NUMBER: A-2 DATE: 02/27/18 Atascadero City Council Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendments Downtown Office and Residential PLN 2015-1571 / ZCH 2015-0177 RECOMMENDATION: Council adopt on second reading, by title only the Draft Ordinance amending the Atascadero Municipal Code, Title 9 Zoning Ordinance, Section 9 -3.330 requiring a Conditional Use Permit for office uses on the ground floor and prohibiting ground floor residential uses within the Downtown Zoning District; Section 9-3.347 removing a 20 foot setback requirement from West Mall; and Section 9-7.110 allowing an office use to be re-established following involuntary destruction. DISCUSSION: Through strategic planning efforts and at various Council meetings, the City Council has expressed an interest in pursuing a text amendment that would amend the City’s Zoning Ordinance to require additional review for office uses on the ground floor within specific areas of the Downtown. Earlier this year the Planning Commission voted 6-0 to recommend the City Council amend the Zoning Ordinance with the proposed changes. On February 13, 2018, the City Council conducted a public hearing to consider the proposed amendments to the Downtown zoning regulations. At that meeting the Council voted 5-0 to introduce the zone changes for first reading. Amendments include: 1. Requiring a conditional use permit for offices uses on the ground floor in specified areas of Downtown, based on findings 2. Clarification of setbacks along East and West Mall 3. Elimination of ground floor residential on properties north of Olmeda 4. Amendments to the non-conforming ordinance to allow rebuilding of offices uses if destroyed or significantly damaged Page 16 of 37 ITEM NUMBER: A-2 DATE: 02/27/18 FISCAL IMPACT: None. Over time, the proposed zoning text amendments will encourage and strengthen pedestrian-oriented uses within the downtown core. A shift to more active uses will add to the synergy of the Downtown and will result in increased property values. ATTACHMENT: Draft Ordinance Page 17 of 37 ITEM NUMBER: A-2 DATE: ATTACHMENT: 02/27/18 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE, TITLE 9 ZONING ORDINANCE, SECTION 9-3.330 REQUIRING A CONDITIONAL USE PERMIT FOR OFFICE USES ON THE GROUND FLOOR AND PROHIBITING GROUND FLOOR RESIDENTIAL USES WITHIN THE DOWNTOWN ZONING DISTRICT; SECTION 9-3.347 REMOVING A 20 FOOT SETBACK REQUIREMENT FROM WEST MALL; AND SECTION 9-7.110 ALLOWING AN OFFICE USE TO BE RE-ESTABLISHED FOLLOWING INVOLUNTARY DESTRUCTION (PLN 2015-1571 / ZCH 2015-0177) WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 9; and WHEREAS, a Notice of Exemption was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to amend the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 16, 2018, studied and considered Zone Text Change 2015-0177 to amend certain zoning use and development standards within the Downtown Zoning District, and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the proposed amendments to Title 9 of the Atascadero Municipal Code; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and Page 18 of 37 ITEM NUMBER: A-2 DATE: ATTACHMENT: 02/27/18 1 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on February 13, 2018, studied the Planning Commission’s recommendation and considered the proposed zoning text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds as follows: 1. The Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Text Change will not, in itself, result in significant environmental impacts. SECTION 2. Environmental Review. A categorical exemption for the Zoning Regulations amendments has been prepared and adopted as shown in Exhibit A on file in the City Clerk’s Office and incorporated herein by reference. SECTION 3. Introduction. The City Council of the City of Atascadero, in a regular session assembled on February 13, 2018, resolved to introduce for first reading, by title only, an Ordinance that would amend the City Zoning Code Text as shown in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 4. Approval. Atascadero Municipal Code Title 9 Zoning Regulations is amended as detailed in Exhibit B, attached hereto and incorporated herein by this reference. SECTION 5. A summary of this Ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this Ordinance shall be on file in the City Clerk’s office on and after the date following introducti on and passage and shall be available to any interested member of the public. Page 19 of 37 ITEM NUMBER: A-2 DATE: ATTACHMENT: 02/27/18 1 PASSED AND ADOPTED at a regular meeting of the City Council held on the ___day of __________, 2018. CITY OF ATASCADERO, CA ______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Page 20 of 37 ITEM NUMBER: A-2 DATE: 02/27/18 EXHIBIT A: CEQA Exemption (PLN 2015-1571 / ZCH 2015-0177) Title 9 Zoning Ordinance Text Amendments ATTACHMENT:1 Page 21 of 37 ITEM NUMBER: A-2 DATE: 02/27/18 EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance (PLN 2015-1571 / ZCH 2015-0177) 9-3.330 Nonresidential district allowable land uses Table 4.1: Non-Residential Uses Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones Special Use Regulation(s) CN CP CR CS CT CPK DC DO IP I Agricultural Resources Services-Business, Financial & Professional ATM A A A A A A A A A A Financial Services & Banks A A A A A A CUP A Government Offices & Facilities A A A A A A CUP 10 A A A Health Care Services A A A CUP A CUP 10 A Offices A A A A A A CUP 10 A Temporary Offices A A A 9-6.176 Notes: (These notes apply only to Table 4.1). 1 Residential uses allowed only on second and third floors. If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant space. 2 Multi-family dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance. 3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit (Section 9-2.110). 4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9 -9.102) of ten thousand (10,000) square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district. 5 Handcrafted and artisan food production shall be ancillary to the retail component. 6 Mobile Food vending permitted if use is located outside of right -of-way and located on private property 7 When no overnight stays of animals are included. 8 No outdoor storage permitted. 9 Permitted when in association with conforming and legal non -conforming residences. 10 Allowed above ground floor. Conditional Use Permit required on ground floor on Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3 -1, subject to all of the following findings: 1. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses. 2. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses. 3. The proposed new office use will be a significant cont ribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown 4. The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall. 5. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown. Zoning District Abbreviations CN – Commercial Neighborhood; CP – Commercial Professional; CR – Commercial Retail; CS – Commercial Service; CT – Commercial Tourist; CPK – Commercial Park; DC – Downtown Commercial; DO – Downtown Office; IP – Industrial Park ; I – Industrial 1ATTACHMENT: Page 22 of 37 ITEM NUMBER: A-2 DATE: 02/27/18 Figure 3.1 1ATTACHMENT: Page 23 of 37 ITEM NUMBER: A-2 DATE: 02/27/18 9-3.347 DC/DO Zone. The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. Development Feature Requirement by Zoning District DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks. Front None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. As required by Section 9-4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required. Rear None required Creek To be determined through Design Review Height limit 45 feet not to exceed 3 stories; 18 feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map. 35 feet Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. As required by Sections 9-4.114 et seq. Signs See Chapter 9-15 Density 20 dwelling units/acre maximum 20 dwelling units/acre maximum 1ATTACHMENT: Page 24 of 37 ITEM NUMBER: A-2 DATE: 02/27/18 9-7.110 Destroyed structures and signs. If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 9-7.106) or a nonconforming sign is destroyed or partially destroyed to the extent of seventy-five (75) percent or more of the replacement cost of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed; provided, the use, structure or sign and the land on which it was located are in conformity, or are brought into conformity with all applicable requirements of this title with the exception of the following: (a) A ground floor health care or office use within the DC zoning district may be reconstructed within the same building footprint, if destroyed by more than 75%, providing that the use, business ownership and floor area of the business all remain unchanged. If a nonconforming use, structure or sign is partially destroyed by fire, explosion or act of God, to less than seventy-five (75) percent of the replacement cost of the total structure before destruction, it may be restored to its former nonconforming status. 1ATTACHMENT: Page 25 of 37 ITEM NUMBER: C-1 DATE: 02/27/18 Atascadero City Council Staff Report – Fire & Emergency Services Department Informational Presentation Regarding Local Wildland Fire Threats and Emergency Planning RECOMMENDATION: Council receive the informational presentation regarding local wi ldland fire threats and emergency planning. DISCUSSION: Staff will give an oral presentation to address recent City Council questions regarding fire prone areas of Atascadero and provide information on current actions being taken to reduce the risk of a large fire incident. Additional information on Citywide emergency planning and recent training to better prepare for an Emergency Operations Center activation will also be provided. Page 26 of 37 ITEM NUMBER: C-2 DATE: 02/27/18 Atascadero City Council Staff Report – Police Department Resolution in Support of the Reducing Crime and Keeping California Safe Act of 2018 RECOMMENDATION: Council adopt Draft Resolution in support of the Reducing Crime and Keeping California Safe Act of 2018. DISCUSSION: Over the past several years the California Legislature and the electorate have passed a number of initiatives related to public safety including AB109, Proposition 47, and Proposition 57. These initiatives, supported by the Governor, were designed to redu ce the number of persons sentenced to state prison thereby reducing overcrowding in the prison system. The initiatives diverted persons housed in the State Prison system back into County Jail, reduced sentencing exposure for certain offenses, and eliminat ed previously designated violent offenses from sentencing guidelines. The cumulative effects of these initiatives have had a detrimental effect on local communities which can no longer be ignored. The se unintended consequences include increases in property theft and violent crimes against police officers. Additionally, there has been a significant reduction in the number of hits in the DNA database thereby reducing the number of cold case crimes that are solved. The California Police Chiefs Association has been working on the Reducing Crime and Keeping California Safe Act of 2018. The act seeks to fix loopholes in AB109, Proposition 47 and Proposition 57 that have resulted in many of these unintended consequences. The initiative will not undo the focus on rehabilitation outlined in the prior measures instead, it will help to crack down on repeat offenders and protect our most vulnerable victims from dangerous individuals who take advantage of our laws, our businesses and our communities. The Reducing Crime and Keeping California Safe Act of 2018 will do the following:  Re-designates crimes such as rape of an unconscious person, trafficking a child for sex, assault of a Peace Officer, and felony domestic violence as “violent felonies” for which early release is not an option. Page 27 of 37 ITEM NUMBER: C-2 DATE: 02/27/18  Reinstate DNA collection for offenses reduced to misdemeanors under Proposition 47.  Revises the theft threshold by adding a felony for serial theft when a subject is caught stealing for a third time when the value is over $250.  Requires the Parole Board to consider an inmate’s entire criminal history when deciding parole, not just the most recent commitment offense. The California Police Chiefs Association is encouraging all local communities to adopt resolutions in support of this initiative. Local Police Chiefs and the District Attorney are pursuing these resolutions as well because of the impact in our communities. For information on the initiative, please visit https://keepcalsafe.org/initiative-text.html. FISCAL IMPACT: None. ALTERNATIVE: Council may determine not to adopt the recommended resolution. ATTACHMENTS: 1. Initiative Measure 2. Draft Resolution Page 28 of 37 1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS To the Honorable Secretary of State of California: We, the undersigned, registered, qualified voters of California, residents of the County (or City and County) referenced on the signature page of this petition, hereby propose amendments to the California Penal Code relating to parole, serial theft, and DNA collection from convicted criminals, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or as otherwise provided by law. The proposed statutory amendments (full title and text of the measure) read as follows: (17-0044.) RESTRICTS PAROLE FOR NON-VIOLENT OFFENDERS. AUTHORIZES FELONY SENTENCES FOR CERTAIN OFFENSES CURRENTLY TREATED ONLY AS MISDEMEANORS. INITIATIVE STATUTE. Imposes restrictions on parole program for non-violent offenders who have completed the full term for their primary offense. Expands list of offenses that disqualify an inmate from this parole program. Changes standards and requirements governing parole decisions under this program. Authorizes felony charges for specified theft crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250 and $950. Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state database. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily related to increases in penalties for certain theft-related crimes and the changes to the nonviolent offender release consideration process. Increased state and local court -related costs of around a few million dollars annually related to processing probation revocations and additional felony theft filings. Increased state and local law enforcement costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from additional offenders. The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure: SEC. 1. TITLE This act shall be known and may be cited as the Reducing Crime and Keeping California Safe Act of 2018. SEC. 2. PURPOSES This measure will fix three related problems created by recent laws that have threatened the public safety of Californians and their children from violent criminals. This measure will: A. Reform the parole system so violent felons are not released early from prison, strengthen oversight of post release community supervision and tighten penalties for violations of terms of post release community supervision; B. Reform theft laws to restore accountability for serial thieves and organized theft rings; and C. Expand DNA collection from persons convicted of drug, theft and domestic violence related crimes to help solve violent crimes and exonerate the innocent. SEC. 3. FINDINGS AND DECLARATIONS A. Prevent Early Release of Violent Felons 1. Protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance. Murderers, rapists, child molesters and other violent criminals should not be released early from prison. 2. Since 2014, California has had a larger increase in violent crime than the rest of the United States. Since 2013, violent crime in Los Angeles has increased 69.5%. Violent crime in Sacramento rose faster during the first six months of 2015 than in any of the 25 largest U.S. cities tracked by the FBI. 3. Recent changes to parole laws allowed the early release of dangerous criminals by the law’s failure to define certain crimes as “violent.” These changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered “non-violent offenders.” 4. As a result, these so-called “non-violent” offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge. 5. Violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision, like the gang member charged with the murder of Whittier Police Officer, Keith Boyer. 6. Californians need better protection from such violent criminals. 7. Californians need better protection from felons who repeatedly violate the terms of their post release community supervision. 8. This measure reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations. 9. Californians need better protection from such violent criminals. This measure reforms the law to define such crimes as “violent felonies” for purposes of early release. 10. Nothing in this act is intended to create additional “strike” offenses which would increase the state prison population. 11. Nothing in this act is intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits. B. Restore Accountability for Serial Theft and Organized Theft Rings 1. Recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal. 2. As a result, between 2014 and 2016, California had the 2nd highest increase in theft and property crimes in the United States, while most states have seen a steady decline. According to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014, the largest single-year increase in at least ten years. 3. Individuals who repeatedly steal often do so to support their drug habit. Recent changes to California law have reduced judges’ ability to order individuals convicted of repeated theft crimes into effective drug treatment programs. 4. California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal to support their drug problem to enter into existing drug treatment programs. This measure enacts such reforms. C. Restore DNA Collection to Solve Violent Crime 1. Collecting DNA from criminals is essential to solving violent crimes. Over 450 violent crimes including murder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals. 2. DNA collected in 2015 from a convicted child molester solved the rape-murders of two six-year-old boys that occurred three decades ago in Los Angeles County. DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape- murder of an 83-year-old woman. 3. Recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes. This measure restores DNA collection from persons convicted for such offenses. 4. Permitting collection of more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted. 5. This measure does not affect existing legal safeguards that protect the 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. SEC. 4. PAROLE CONSIDERATION Section 3003 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, “last legal residence” shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital. (b) Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best in- terests of the public. If the Board of Parole Hearings set- ting the conditions of parole for inmates sentenced pur- suant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolee’s permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its deci- sion, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community: (1) The need to protect the life or safety of a victim, the parolee, a witness, or any other person. (2) Public concern that would reduce the chance that the inmate’s parole would be successfully completed. (3) The verified existence of a work offer, or an educational or vocational training program. (4) The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed. (5) The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960. (c) The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims. (d) In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release. (e)(1) The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions: (A) Last, first, and middle names. (B) Birth date. (C) Sex, race, height, weight, and hair and eye color. (D) Date of parole or placement on postrelease community supervision and discharge. ITEM NUMBER: C-2 DATE: 02/27/18 ATTACHMENT: 1 Page 29 of 37 2 (E) Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense. (F) California Criminal Information Number, FBI number, social security number, and driver’s license number. (G) County of commitment. (H) A description of scars, marks, and tattoos on the inmate. (I) Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance. (J) Address, including all of the following information: (i) Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph. (ii) City and ZIP Code. (iii) Date that the address provided pursuant to this subparagraph was proposed to be effective. (K) Contact officer and unit, including all of the following information: (i) Name and telephone number of each contact officer. (ii) Contact unit type of each contact officer such as units responsible for parole, registration, or county probation. (L) A digitized image of the photograph and at least a single digit fingerprint of the parolee. (M) A geographic coordinate for the inmate’s residence location for use with a Geographical Information System (GIS) or comparable computer program. (N) Copies of the record of supervision during any prior period of parole. (2) Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA. (3) Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe. (4) All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request. (5) The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143. (f) Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness. the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes: (1) A violent felony as defined subdivision (c) of Section 667.5 or subdivision (a) of Section 3040.1. (2) A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9. (g) Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive. (h) Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victim’s or witness’ actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county. (i) The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of- county commitments from a county compared to the number of commitments from that county when making parole decisions. (j) An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450). (k)(1) Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision, the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision. (2) Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards. (l) In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer. Section 3040.1 is added to the Penal Code to read: (a) For purposes of early release or parole consideration under the authority of Section 32 of Article I of the Consti- tution, Sections 12838.4 and 12838.5 of the Government Code, Sections 3000.1, 3041.5, 3041.7, 3052, 5000, 5054, 5055, 5076.2 of this Code and the rulemaking authority granted by Section 5058 of this Code, the following shall be defined as “violent felony offenses”: (1) Murder or voluntary manslaughter; (2) Mayhem; (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262; (4) Sodomy as defined in subdivision (c) or (d) of Section 286; (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a; (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288; (7) Any felony punishable by death or imprisonment in the state prison for life; (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55; (9) Any robbery; (10) Arson, in violation of subdivision (a) or (b) of Section 451; (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289; (12) Attempted murder; (13) A violation of Section 18745, 18750, or 18755; (14) Kidnapping; (15) Assault with the intent to commit a specified felony, in violation of Section 220; (16) Continuous sexual abuse of a child, in violation of Section 288.5; (17) Carjacking, as defined in subdivision (a) of Section 215; (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1; (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22; (20) Threats to victims or witnesses, as defined in subdivision (c) of Section 136.1; (21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary; (22) Any violation of Section 12022.53; (23) A violation of subdivision (b) or (c) of Section 11418; (24) Solicitation to commit murder; (25) Felony assault with a firearm in violation of subsections (a)(2) and (b) of Section 245; (26) Felony assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245; (27) Felony assault with a deadly weapon upon the person of a peace officer or firefighter in violation of subdivisions (c) and (d) of Section 245; (28) Felony assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245; (29) Assault with caustic chemicals in violation of Section 244; (30) False imprisonment in violation of Section 210.5; (31) Felony discharging a firearm in violation of Section 246; (32) Discharge of a firearm from a motor vehicle in violation of subsection (c) of Section 26100; (33) Felony domestic violence resulting in a traumatic condition in violation of Section 273.5; (34) Felony use of force or threats against a witness or victim of a crime in violation of Section 140; (35) Felony resisting a peace officer and causing death or serious injury in violation of Section 148.10; (36) A felony hate crime punishable pursuant to Section 422.7; (37) Felony elder or dependent adult abuse in violation of subdivision (b) of Section 368; (38) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261; (39) Rape in violation of Section 262; (40) Sexual penetration in violation of subdivision (b), (d) or (e) of Section 289; (41) Sodomy in violation of subdivision (f), (g), or (i) of Section 286; (42) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a; (43) Abduction of a minor for purposes of prostitution in violation of Section 267; (44) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1; (45) Child abuse in violation of Section 273ab; (46) Possessing, exploding, or igniting a destructive device in violation of Section 18740; (47) Two or more violations of subsection (c) of Section 451; (48) Any attempt to commit an offense described in this subdivision; (49) Any felony in which it is pled and proven that the Defendant personally used a dangerous or deadly weapon; (50) Any offense resulting in lifetime sex offender registration pursuant to Sections 290 through 290.009. (51) Any conspiracy to commit an offense described in this Section. (b) The provisions of this section shall apply to any inmate serving a custodial prison sentence on or after the effective date of this section, regardless of when the sentence was imposed. Section 3040.2 is added to the Penal Code to read: (a) Upon conducting a nonviolent offender parole consid- eration review, the hearing officer for the Board of Parole ITEM NUMBER: C-2 DATE: 02/27/18 ATTACHMENT: 1 Page 30 of 37 3 Hearings shall consider all relevant, reliable information about the inmate. (b) The standard of review shall be whether the inmate will pose an unreasonable risk of creating victims as a result of felonious conduct if released from prison. (c) In reaching this determination, the hearing officer shall consider the following factors: (1) Circumstances surrounding the current conviction; (2) The inmate’s criminal history, including involvement in other criminal conduct, both juvenile and adult, which is reliably documented; (3) The inmate’s institutional behavior including both rehabilitative programming and institutional misconduct; (4) Any input from the inmate, any victim, whether registered or not at the time of the referral, and the prosecuting agency or agencies; (5) The inmate’s past and present mental condition as documented in records in the possession of the Department of Corrections and Rehabilitation; (6) The inmate’s past and present attitude about the crime; (7) Any other information which bears on the inmate’s suitability for release. (d) The following circumstances shall be considered by the hearing officer in determining whether the inmate is unsuitable for release: (1) Multiple victims involved in the current commitment offense; (2) A victim was particularly vulnerable due to age or physical or mental condition; (3) The inmate took advantage of a position of trust in the commission of the crime; (4) The inmate was armed with or used a firearm or other deadly weapon in the commission of the crime; (5) A victim suffered great bodily injury during the commission of the crime; (6) The inmate committed the crime in association with a criminal street gang; (7) The inmate occupied a position of leadership or dominance over other participants in the commission of the crime, or the inmate induced others to participate in the commission of the crime; (8) During the commission of the crime, the inmate had a clear opportunity to cease but instead continued; (9) The inmate has engaged in other reliably documented criminal conduct which was an integral part of the crime for which the inmate is currently committed to prison; (10) The manner in which the crime was committed created a potential for serious injury to persons other than the victim of the crime; (11) The inmate was on probation, parole, post release community supervision, mandatory supervision or was in custody or had escaped from custody at the time of the commitment offense; (12) The inmate was on any form of pre- or post- conviction release at the time of the commitment offense; (13) The inmate’s prior history of violence, whether as a juvenile or adult; (14) The inmate has engaged in misconduct in prison or jail; (15) The inmate is incarcerated for multiple cases from the same or different counties or jurisdictions. (e) The following circumstances shall be considered by the hearing officer in determining whether the inmate is suitable for release: (1) The inmate does not have a juvenile record of assaulting others or committing crimes with a potential of harm to victims; (2) The inmate lacks any history of violent crime; (3) The inmate has demonstrated remorse; (4) The inmate’s present age reduces the risk of recidivism; (5) The inmate has made realistic plans if released or has developed marketable skills that can be put to use upon release; (6) The inmate’s institutional activities demonstrate an enhanced ability to function within the law upon release; (7) The inmate participated in the crime under partially excusable circumstances which do not amount to a legal defense; (8) The inmate had no apparent predisposition to commit the crime but was induced by others to participate in its commission; (9) The inmate has a minimal or no criminal history; (10) The inmate was a passive participant or played a minor role in the commission of the crime; (11) The crime was committed during or due to an unusual situation unlikely to reoccur. Section 3040.3 is added to the Penal Code to read: (a) An inmate whose current commitment includes a concurrent, consecutive or stayed sentence for an offense or allegation defined as violent by subdivision (c) of Section 667.5 or 3040.1 shall be deemed a violent offender for purposes of Section 32 of Article I of the Constitution. (b) An inmate whose current commitment includes an indeterminate sentence shall be deemed a violent offender for purposes of Section 32 of Article I of the Constitution. (c) An inmate whose current commitment includes any enhancement which makes the underlying offense violent pursuant to subdivision (c) of Section 667.5 shall be deemed a violent offender for purposes of Section 32 of Article I of the Constitution. (d) For purposes of Section 32 of Article I of the Constitution, the “full term” of the “primary offense” shall be calculated based only on actual days served on the commitment offense. Section 3040.4 is added to the Penal Code to read: Pursuant to subsection (b) of Section 28 of Article I of the Constitution, the Department shall give reasonable notice to victims of crime prior to an inmate being reviewed for early parole and release. The Department shall provide victims with the right to be heard regarding early parole consideration and to participate in the review process. The Department shall consider the safety of the victims, the victims’ family, and the general public when making a determination on early release. (a) Prior to conducting a review for early parole, the Department shall provide notice to the prosecuting agency or agencies and to registered victims, and shall make reasonable efforts to locate and notify victims who are not registered. (b) The prosecuting agency shall have the right to review all information available to the hearing officer including, but not limited to the inmate’s central file, documented adult and juvenile criminal history, institutional behavior including both rehabilitative programming and institutional misconduct, any input from any person or organization advocating on behalf of the inmate, and any information submitted by the public. (c) A victim shall have a right to submit a statement for purposes of early parole consideration, including a confidential statement. (d) All prosecuting agencies, any involved law enforcement agency, and all victims, whether or not registered, shall have the right to respond to the board in writing. (e) Responses to the Board by prosecuting agencies, law enforcement agencies, and victims must be made within 90 days of the date of notification of the inmate’s eligibility for early parole review or consideration. (f) The Board shall notify the prosecuting agencies, law enforcement agencies, and the victims of the Nonviolent Offender Parole decision within 10 days of the decision being made. (g) Within 30 days of the notice of the final decision concerning Nonviolent Offender Parole Consideration, the inmate and the prosecuting agencies may request review of the decision. (h) If an inmate is denied early release under the Nonviolent Offender Parole provisions of Section 32 of Article I of the Constitution, the inmate shall not be eligible for early Nonviolent Offender parole consideration for two (2) calendar years from the date of the final decision of the previous denial. Section 3041 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a)(1) In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet with each inmate during the sixth year before the inmate’s minimum eligible parole date for the purposes of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. During this consultation, the board shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and individualized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Within 30 days following the consultation, the board shall issue its positive and negative findings and recommendations to the inmate in writing. (2) One year before the inmate’s minimum eligible parole date a panel of two or more commissioners or deputy commissioners shall again meet with the inmate and shall normally grant parole as provided in Section 3041.5. No more than one member of the panel shall be a deputy commissioner. (3) In the event of a tie vote, the matter shall be referred for an en banc review of the record that was before the panel that rendered the tie vote. Upon en banc review, the board shall vote to either grant or deny parole and render a statement of decision. The en banc review shall be conducted pursuant to subdivision (e). (4) Upon a grant of parole, the inmate shall be released subject to all applicable review periods. However, an inmate shall not be released before reaching his or her minimum eligible parole date as set pursuant to Section 3046 unless the inmate is eligible for earlier release pursuant to his or her youth offender parole eligibility date or elderly parole eligibility date. (5) At least one commissioner of the panel shall have been present at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may request review of any decision regarding parole for an en banc hearing by the board. In case of a review, a majority vote in favor of parole by the board members participating in an en banc review is required to grant parole to any inmate. (b)(1) The panel or the board, sitting en banc, shall grant parole to an inmate unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual. The panel or the board, sitting en banc, shall consider the entire criminal history of the inmate, including all current or past convicted offenses, in making this determination. (2) After July 30, 2001, any decision of the parole panel finding an inmate suitable for parole shall become final within 120 days of the date of the hearing. During that period, the board may review the panel’s decision. The panel’s decision shall become final pursuant to this subdivision unless the board finds that the panel made an error of law, or that the panel’s decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In making this determination, the board shall consult with the commissioners who conducted the parole consideration hearing. (3) A decision of a panel shall not be disapproved and referred for rehearing except by a majority vote of the board, sitting en banc, following a public meeting. (c) For the purpose of reviewing the suitability for parole of those inmates eligible for parole under prior law at a date earlier than that calculated under Section 1170.2, the board shall appoint panels of at least two persons to meet annually with each inmate until the time the person is released pursuant to proceedings or reaches the expiration of his or her term as calculated under Section 1170.2. (d) It is the intent of the Legislature that, during times when there is no backlog of inmates awaiting parole hearings, life parole consideration hearings, or life rescission hearings, hearings will be conducted by a panel of three or more members, the majority of whom shall be commissioners. The board shall report monthly on the number of cases where an inmate has not received a completed initial or subsequent parole consideration hearing within 30 days of the hearing date required by subdivision (a) of Section 3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless the inmate has waived the right to those timeframes. That report shall be considered the backlog of cases for purposes of this section, and shall include information on the progress toward eliminating the backlog, and on the number of inmates who have waived their right to the above timeframes. The report shall be made public at a regularly scheduled meeting of the board and a written report shall be made available to the public and transmitted to the Legislature quarterly. (e) For purposes of this section, an en banc review by the board means a review conducted by a majority of commissioners holding office on the date the matter is heard by the board. An en banc review shall be conducted in compliance with the following: (1) The commissioners conducting the review shall consider the entire record of the hearing that resulted in the tie vote. (2) The review shall be limited to the record of the hearing. The record shall consist of the transcript or audiotape of the hearing, written or electronically recorded statements actually considered by the panel that produced the tie vote, and any other material actually considered by the panel. New evidence or comments shall not be considered in the en banc proceeding. (3) The board shall separately state reasons for its decision to grant or deny parole. (4) A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the ITEM NUMBER: C-2 DATE: 02/27/18 ATTACHMENT: 1 Page 31 of 37 4 en banc review. Section 3454 of the Penal Code is amended to read: [language added to an existing section of law is designat- ed in underlined type and language deleted is designated in strikeout type] (a) Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process for assessing and refining a person’s program of postrelease supervision. Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offender’s risk of recidivism, and the offender’s criminal history, and be otherwise consistent with law. (b) Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, may determine additional appropriate conditions of supervision listed in Section 3453 consistent with public safety, including the use of continuous electronic monitoring as defined in Section 1210.7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offender’s condition of postrelease supervision. (c) As used in this title, “flash incarceration” is a period of detention in a city or county jail due to a violation of an offender’s conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days. Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary more frequent, periods of detention for violations of an offender’s postrelease supervision conditions shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations. (d) Upon a decision to impose a period of flash incarceration, the probation department shall notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. Section 3455 of the Penal Code is amended to read: [language added to an existing section of law is designat- ed in underlined type and language deleted is designated in strikeout type] (a) If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (b) of Section 3454 are not appropriate, or if the supervised person has violated the terms of his or her release for a third time, the supervising county agency shall petition the court pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, his or her right to counsel, admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, and any recommendations. The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the conditions of postrelease community supervision, the revocation hearing officer shall have authority to do all of the following: (1) Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail. (2) Revoke and terminate postrelease community supervision and order the person to confinement in a county jail. (3) Refer the person to a reentry court pursuant to Section 3015 or other evidence-based program in the court’s discretion. (b) (1) At any time during the period of postrelease community supervision, if a peace officer, including a probation officer, has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, or has failed to appear at a hearing pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that person’s arrest. (2) The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice. (3) Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate. (c) The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance. (d) Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in a county jail for each custodial sanction. (e) A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the person’s initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456. SEC. 5. DNA COLLECTION Section 296 of the Penal Code is amended to read: [language added to an existing section of law is designated in underlined type and language deleted is designated in strikeout type] (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: (1) Any person, including any juvenile, who is convicted of or pleads guilty or no contest to any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense. (2) Any adult person who is arrested for or charged with any of the following felony offenses: (A) Any felony offense specified in Section 290 or attempt to commit any felony offense described in Section 290, or any felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290. (B) Murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. (C) Commencing on January 1, 2009, any adult person arrested or charged with any felony offense. (3) Any person, including any juvenile, who is required to register under Section 290 through 290.009 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense. (4) Any person, excluding a juvenile, who is convicted of, or pleads guilty or no contest to, any of the following offenses: (A) A misdemeanor violation of Section 459.5; (B) A violation of subdivision (a) of Section 473 that is punishable as a misdemeanor pursuant to subdivision (b) of Section 473; (C) A violation of subdivision (a) of Section 476a that is punishable as a misdemeanor pursuant to subdivision (b) of Section 476a; (D) A violation of Section 487 that is punishable as a misdemeanor pursuant to Section 490.2; (E) A violation of Section 496 that is punishable as a misdemeanor; (F) A misdemeanor violation of subdivision (a) of Section 11350 of the Health and Safety Code; (G) A misdemeanor violation of subdivision (a) of Section 11377 of the Health and Safety Code; (H) A misdemeanor violation of paragraph (1) of subdivision (e) of Section 243; (I) A misdemeanor violation of Section 273.5; (J) A misdemeanor violation of paragraph (1) of subdivision (b) of Section 368; (K) Any misdemeanor violation where the victim is defined as set forth in Section 6211 of the Family Code; (L) A misdemeanor violation of paragraph (3) of subdivision (b) of Section 647. (4)(5) The term “felony” as used in this subdivision includes an attempt to commit the offense. (5)(6) Nothing in this chapter shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non-qualifying offense. (b) The provisions of this chapter and its requirements for submission of specimens, samples and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of death, life without the possibility of parole, or any life or indeterminate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed any felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code. (c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles: (1) Any person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (3) Any person found to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a). (e) If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any person, as defined under subdivision (a) of Section 296, the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter. (f) Prior to final disposition or sentencing in the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state’s DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter. However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of ITEM NUMBER: C-2 DATE: 02/27/18 ATTACHMENT: 1 Page 32 of 37 5 a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. SEC. 6. SHOPLIFTING Section 459.5 of the Penal Code is amended to read: [language added to an existing section of law is designat- ed in underlined type and language deleted is designated in strikeout type] (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny steal retail property or merchandise while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170. (b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property. (c) “Retail property or merchandise” means any article, product, commodity, item or component intended to be sold in retail commerce. (d) “Value” means the retail value of an item as advertised by the affected retail establishment, including applicable taxes. (e) This section shall not apply to theft of a firearm, forgery, the unlawful sale, transfer, or conveyance of an access card pursuant to Section 484e, forgery of an access card pursuant to Section 484f, the unlawful use of an access card pursuant to Section 484g, theft from an elder pursuant to subdivision (e) of Section 368, receiving stolen property, embezzlement, or identity theft pursuant to Section 530.5, or the theft or unauthorized use of a vehicle pursuant to Section 10851 of the Vehicle Code. Section 490.2 of the Penal Code is amended to read: [language added to an existing section of law is designat- ed in underlined type and language deleted is designated in strikeout type] (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law. (c) This section shall not apply to theft of a firearm, forgery, the unlawful sale, transfer, or conveyance of an access card pursuant to Section 484e, forgery of an access card pursuant to Section 484f, the unlawful use of an access card pursuant to Section 484g, theft from an elder pursuant to subdivision (e) of Section 368, receiving stolen property, embezzlement, or identity theft pursuant to Section 530.5, or the theft or unauthorized use of a vehicle pursuant to Section 10851 of the Vehicle Code. SEC. 7. SERIAL THEFT Section 490.3 is added to the Penal Code to read: (a) This section applies to the following crimes: (1) petty theft; (2) shoplifting; (3) grand theft; (4) burglary; (5) carjacking; (6) robbery; (7) a crime against an elder or dependent adult within the meaning of subdivision (d) or (e) of Section 368; (8) any violation of Section 496; (9) unlawful taking or driving of a vehicle within the meaning of Section 10851 of the Vehicle Code. (10) Forgery. (11) The unlawful sale, transfer, or conveyance of an access card pursuant to Section 484e. (12) Forgery of an access card pursuant to Section 484f. (13) The unlawful use of an access card pursuant to Section 484g. (14) Identity theft pursuant to Section 530.5. (15) The theft or unauthorized use of a vehicle pursuant to Section 10851 of the Vehicle Code. (b) Notwithstanding subsection (3) of subdivision (h) of Section 1170, subsections (2) and (4) of subdivision (a) of Section 1170.12, subsections (2) and (4) of subdivision (c) of Section 667, any person who, having been previously convicted of two or more of the offenses specified in subdivision (a), which offenses were committed on separate occasions, and who is subsequently convicted of petty theft or shoplifting where the value of the money, labor, or real or personal property taken exceeds two hundred fifty dollars ($250) shall be punished by imprisonment in the county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170. (c) This section does not prohibit a person or persons from being charged with any violation of law arising out of the same criminal transaction that violates this section. SEC. 8. ORGANIZED RETAIL THEFT Section 490.4 is added to the Penal Code to read: (a) “Retail property or merchandise” means any article, product, commodity, item or component intended to be sold in retail commerce. (b) “Value” means the retail value of an item as advertised by the affected retail establishment, including applicable taxes. (c) Any person, who, acting in concert with one or more other persons, commits two (2) or more thefts pursuant to Sections 459.5 or 490.2 of retail property or merchandise having an aggregate value exceeding two hundred fifty dollars ($250) and unlawfully takes such property during a period of one hundred eighty days (180) is guilty of organized retail theft. (d) Notwithstanding subsection (3) of subdivision (h) of Section 1170, subsections (2) and (4) of subdivision (a) of Section 1170.12, subsections (2) and (4) of subdivision (c) of Section 667, organized retail theft shall be punished by imprisonment in the county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170. (e) For purposes of this section, the value of retail property stolen by persons acting in concert may be aggregated into a single count or charge, with the sum of the value of all of the retail merchandise being the values considered in determining the degree of theft. (f) An offense under this section may be prosecuted in any county in which an underlying theft could have been prosecuted as a separate offense. (g) This section does not prohibit a person or persons from being charged with any violation of law arising out of the same criminal transaction that violates this section. SEC. 9. AMENDMENTS This act shall not be amended by the Legislature except by a statute that furthers the purposes, findings and declara- tions of the Act and is passed in each house by roll call vote entered in the journal, three-fourths of the member- ship of each house concurring, or by a statute that becomes effective only when approved by the voters. SEC. 10. SEVERABILITY If any provision of this Act, or any part of any provision, or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications which can be given effect without the invalid or unconstitutional provision or application shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable. SEC. 11. CONFLICTING INITIATIVES (a) In the event that this measure and another measure addressing parole consideration pursuant to Section 32 of Article I of the Constitution, revocation of parole and post release community supervision, DNA collection, or theft offenses shall appear on the same statewide ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the other measure or measures shall be null and void. (b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self- executing and given full force and effect. ITEM NUMBER: C-2 DATE: 02/27/18 ATTACHMENT: 1 Page 33 of 37 6 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS (17-0044.) RESTRICTS PAROLE FOR NON-VIOLENT OFFENDERS. AUTHORIZES FELONY SENTENCES FOR CERTAIN OFFENSES CURRENTLY TREATED ONLY AS MISDEMEANORS. INITIATIVE STATUTE. Imposes restrictions on parole program for non-violent offenders who have completed the full term for their primary offense. Expands list of offenses that disqualify an inmate from this parole program. Changes standards and requirements governing parole decisions under this program. Authorizes felony charges for specified theft crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250 and $950. Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state database. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily related to increases in penalties for certain theft-related crimes and the changes to the nonviolent offender release consideration process. Increased state and local court -related costs of around a few million dollars annually related to processing probation revocations and additional felony theft filings. Increased state and local law enforcement costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from additional offenders. The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure: NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. THE PROPONENTS OF THIS PROPOSED INITIATIVE MEASURE HAVE THE RIGHT TO WITHDRAW THIS PETITION AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE BALLOT. This column for official use onlyAll signers of this petition must be registered to vote in _______________________________County. City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 1.R E G I S T E R E D V O T E R S O N L Y City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 2. City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 3. City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 4. City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 5. City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 6. City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 7. City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 8. City: Zip:Sign AsRegistered To Vote: Print Your Name:ResidenceAddress ONLY: 9. DECLARATION OF CIRCULATOR (To be completed in circulator’s own hand after the above signatures have been obtained.) I, ___________________________________________________________, am 18 years of age or older. My residence address is ___________________________________________________________________. I circulated this section of the petition and witnessed each of the appended signatures being written. Each signature on this petition is, to the best of my information and belief, the genuine signature of the person whose name it purports to be. All signatures on this document were obtained between the dates of ________________________________ and ________________________________. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ______________ , _________ , at ________________________, California. Signature of Circulator ______________________________________________. (month, day)(year)(place of signing)(complete signature indicating full name of circulator) (month, day, year)(month, day, year) (address, city, state, zip) (print name) ITEM NUMBER: C-2 DATE: 02/27/18 ATTACHMENT: 1 Page 34 of 37 ITEM NUMBER: C-2 DATE: ATTACHMENT: 02/27/18 2 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018 WHEREAS, protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance. Murderers, rapists, child molesters and other violent criminals should not be released early from prison; and WHEREAS, since 2014, California has had a larger increase in violent crime than the rest of the United States. Since 2013, violent crime in Los Angeles has increased 69.5%. Violent crime in Sacramento rose faster during the first six months of 2015 than in any of the 25 largest U.S. cities tracked by the FBI; and WHEREAS, the FBI Preliminary Semiannual Uniform Crime Report for 2017, which tracks crimes committed during the first six months of the past year in U. S. cities with populations over 100,000, indicates that last year violent crime increased again in most of California’s largest cities; and WHEREAS, recent changes to parole laws allowed the early release of dangerous criminals by the law's failure to define certain crimes as "violent." These changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered "nonviolent offenders."; and WHEREAS, as a result, these so-called "non-violent" offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; and WHEREAS, violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision, like the gang member charged with the murder of Whittier Police Officer, Keith Boyer; and WHEREAS, this measure reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations; and WHEREAS, nothing in this act is intended to create additional "strike" offenses which would increase the state prison population, nor is it intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits; and WHEREAS, recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal; and Page 35 of 37 ITEM NUMBER: C-2 DATE: ATTACHMENT: 02/27/18 2 WHEREAS, as a result, between 2014 and 2016, California had the 2nd highest increase in theft and property crimes in the United States, while most states have seen a steady decline. According to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014, the largest single-year increase in at least ten years; and WHEREAS, grocery store operators around the state have seen unprecedented increases in the amount of losses associated with shoplifting in their stores, with some reporting up to 150% increases in these losses from 2012 to present, with the largest jumps occurring since 2014; and WHEREAS, shoplifting incidents have started to escalate in such a manner that have endangered innocent customers and employees; and WHEREAS, individuals who repeatedly steal often do so to support their drug habit. Recent changes to California law have reduced judges' ability to order individuals convicted of repeated theft crimes into effective drug treatment programs; and WHEREAS, California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal to support their drug problem to enter into existing drug treatment programs. This measure enacts such reforms; and WHEREAS, collecting DNA from criminals is essential to solving violent crimes. Over 450 violent crimes including murder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals; and WHEREAS, DNA collected in 2015 from a convicted child molester solved the rape - murders of two six-year-old boys that occurred three decades ago in Los Angeles County. DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape/murder of an 83-year-old woman; and WHEREAS, recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes. This measure restores DNA collection from persons convicted for such offenses; and WHEREAS, permitting collection of more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted, and WHEREAS, this measure does not affect existing legal safeguards that protect the 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. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The City Council of the City of Atascadero herby supports the Reducing Crime and Keeping California Safe Act of 2018. Page 36 of 37 ITEM NUMBER: C-2 DATE: ATTACHMENT: 02/27/18 2 PASSED AND ADOPTED at a regular meeting of the City Council held on the 27th day of February, 2018. On motion by Council Member ____________ and seconded by Council Member _______________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ATASCADERO ______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Lara K. Christensen, City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney Page 37 of 37