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CC - ACTION ITEM: (1) Discussion of and Possible Direction Regarding the General Plan Reimagining Public Safety Element; and (2) Direction to the City Manager as Deemed Appropriate.
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Meeting Date: November 13, 2023
Contact Person/Dept.: Troy Evangelho / Advance Planning / Planning and Development
Phone Number: (310) 253-5744
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Public Notification: (E-Mail) Meetings and Agendas - City Council, General Plan Update, and Public Notifications (11/07/2023); (Posted) City Website 11/07/2023).
Department Approval: Mark Muenzer, Planning and Development Director (10/27/2023); Jason Sims, Police Chief (11/2/2023)
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RECOMMENDATION
Staff recommends the City Council (1) discuss the General Plan draft Reimagining Public Safety Element; (2) if desired, direct staff to include or not include Reimagining Public Safety as an element in the currently underway General Plan Update; and (3) provide direction to the City Manager as deemed appropriate.
BACKGROUND
General Plan Development Process
California state law requires each city and county to adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears relation to its planning” (Gov. Code § 65300). The General Plan expresses the community’s development goals and embodies public policy relative to the distribution of future land uses, both public and private.
General Plans must contain eight required elements (topics/chapters), however additional optional elements may be incorporated by a jurisdiction. In 2018 Culver City initiated a comprehensive General Plan Update (GPU) and selected a consulting firm to include both the following required and optional elements in the General Plan Update.
In the summer of 2018, the City Council established the General Plan Advisory Committee (GPAC). The GPAC had 21 members, consisting of Culver City residents and community leaders, appointed by City Council as an advisory body. The GPAC met 19 times from 2019 to 2021. The GPAC studied and evaluated policy for a wide range of planning topics.
Along with the GPAC, Technical Advisory Committees (TACs) were convened to explore innovative General Plan topics in more detail. These TACs were also comprised of community members and experts who worked with the project team to develop ideas on how to address: Arts and Culture; Economic Development; Housing; Sustainability, Health, Parks, and Public Spaces; Transportation and Mobility; and Community Safety. The TACs met 20 times from 2020 to 2022.
The GPU is presently undergoing a robust community input and final development process. Initial policy direction was developed and vetted through public outreach, as well as GPAC, TAC, Planning Commission, and City Council meetings. Two administrative drafts were prepared for each general plan element. These drafts were circulated to City department heads and managers for extensive review. On September 29, 2023, the Public Draft General Plan 2045 was released and is currently open for a 60-day public comment period through November 30, 2023. The City is also conducting four GPU community open houses over the course of October and November 2023, in addition to online input opportunities.
Reimagining Public Safety Process
The Draft Reimagining Public Safety Element had a different review process than the other General Plan Elements. The original GPU scope of work included the development of required and optional elements, which did not include a Reimagining Public Safety Element. The focus on Public Safety was included during the GPU contract’s first amendment (8/21/2020), which added the development, administration, and presentation of findings for a public safety and policing survey.
The GPAC met twice in 2020 to discuss reimagining public safety. Below is a summary of the meetings.
• June 30, 2020: GPAC held a special meeting to discuss equity and community safety in the context of the General Plan and considered forming a new TAC dedicated to Policing and Public Safety.
• September 17, 2020: GPAC held a special meeting to discuss public safety, with brief discussion of the survey.
The GPU contract was amended a second time (12/28/2020) to develop a TAC on Policing and Public Safety. As outlined in the scope of work, the purpose of the Policing and Public Safety TAC was to “inform a more robust discussion about public safety in the Safety Element of the General Plan Update” and to “facilitate development of an enhanced policy framework for reimaging public safety in the General Plan Update, including development of GPU policy, actions, and metrics.”
The Policing and Public Safety TAC met four times from 2020 to 2022. Below is a summary of the meetings.
• December 15, 2020: First meeting of the Policing and Public Safety TAC, discussing overall views and issues of public safety and the goals of the TAC.
• March 30, 2021: Second meeting of the Policing and Public Safety TAC, further discussing priorities and topics for subsequent TAC meetings and how policies and programs related to public safety could be incorporated in the General Plan.
• August 10, 2021: Third meeting of the Policing and Public Safety TAC, discussing short-term goals and long-term visions for policing and public safety.
• January 13, 2022: Fourth meeting of the Policing and Public Safety TAC to review and discuss the draft policy framework for incorporation into the General Plan.
After the January 2022 TAC meeting, policy development for a public safety element was put on hold for a variety of reasons, notably including: City staff managerial vacancies, priority development of the Housing Element to meet the state mandated certification deadline, and preparation of the other General Plan Elements identified in the scope of work.
The consultant team delivered the first draft of the Reimagining Public Safety Element on May 12, 2023, after City staff had administratively reviewed the other General Plan elements. As a result, City staff did not provide the same level of review to the Reimagining Public Safety Element as compared to the elements included in the original scope of work (two rounds of draft review with all departments, one final screen check review). Police Department staff were also not included in the review process, nor were they consulted during the Reimagining Public Safety Element drafting process.
On July 10, 2023, the City Council created the Ad Hoc General Plan Subcommittee and selected council members Puza and O’Brien as members. Planning and Development staff met with this Subcommittee on August 8, 16, and 30, 2023, to discuss all the GPU elements, including the Reimagining Public Safety Element. After three meetings, this Subcommittee remained split on whether to include the Reimagining Public Safety Element in the current GPU process. At the August 30, 2023 meeting, the Subcommittee referred the Reimagining Public Safety Element to the full City Council for consideration.
DISCUSSION
As previously mentioned, general plans are required for cities to plan for their physical development. State law mandates the inclusion of general plan elements, such as housing, land use, and circulation (transportation), however optional elements are allowed at a city’s discretion. Common optional elements include topics typically related to development such as climate change, infrastructure, and economic development. To staff’s knowledge, a general plan element on the topic of reimagining public safety/police reform has not been adopted by any jurisdiction in California.
In a general plan context, analysis and policy related to policing is commonly minimally covered in the required safety element. The safety element focuses on hazard mitigation for fire, flood, earthquakes, landslides, etc. It also focuses on evacuation routes and emergency response. The discussion of policing typically falls under the broader discussion of emergency services, which includes firefighting and emergency medical services.
As previously noted, the Culver City Police Department was not consulted during the preparation of the Reimagining Public Safety Element or its proposed policies and implementation plan. Staff recommends the Police Department be involved in any future planning, through collaboration and/or consultation, to ensure that the most viable long-term goals for improved public safety are adopted. If this element is to be included in the General Plan, staff would request adequate time to make a careful and critical examination of the element’s narrative, policies, and implementation actions by Police Department and other associated staff (i.e. Housing and Human Services).
On October 10, 2022, the California Department of Housing and Community Development (HCD) certified Culver City’s Housing Element. To maintain compliance, Culver City will need to adopt its General Plan Update (GPU) and Zoning Code Update (ZCU) by October 15, 2024. Falling into noncompliance with the City’s state-certified Housing Element would prevent Culver City from applying for various state housing production grants and programs including HCD’s Pro-Housing Designation. Noncompliance also leaves Culver City open to the potential of a “Builder’s Remedy” development project, which allows housing development that is inconsistent with the General Plan and zoning regulations.
Staff anticipates bringing the GPU, Zoning Code Update, and associated Final Environmental Impact Report (EIR) to both the Planning Commission and the City Council for final review hearings in Spring 2024. Staff is concerned that the additional time required to prepare the Reimagining Public Safety Element would jeopardize completing the GPU/ZCU by the state-required October 15, 2024 deadline.
Staff recommends City Council consider removing the Reimagining Public Safety Element from the current General Plan update process and either (1) consider this element after the General Plan Update is adopted; or, (2) consider implementing public safety plans through a process unrelated to the General Plan. Additionally, staff recommends that Police Department staff be involved with any future discussion, planning, and drafting of the Reimagining Public Safety Element.
FISCAL ANALYSIS
Including the Reimagining Public Safety Element will incur additional costs for staff and consultant time, as needed to meet, draft, and review this work item. Costs will depend on City Council direction.
ATTACHMENTS
2023-11-13_ATT1_Draft Reimagining Public Safety Element
MOTIONS
That the City Council:
1. Discuss Draft Reimagining Public Safety Element;
2. If desired, direct staff to include, delay or not include Reimagining Public Safety as an element in the General Plan Update; and
3. Provide direction to the City Manager as deemed appropriate.