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
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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
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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
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Page 31 of 37
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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