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HomeMy WebLinkAboutTC Digest 2015-09-04TOWN COUNCIL WEEKLY DIGEST Week of August 31— September 4, 2015 TIBURON Correspondence, Notices and other Information 1. Email — August 27 — Town Treasurer -William Osher-Resignation 2. Email — August 27 — Merits and Decision Making Hearings on 2008 Easton Point Residential Development 3. Letter — August 24 — Letter — Bentley Holdings Master Plan Amendment and Development Plan — 2015 Belvedere Place Traffic and Parking Study 4. Letter — August 27 — Tiburon Volunteer Fire Dept — Thank you Agenda, Minutes 1. Cancellation — September 9 — Regular Planning Commission REGIONAL, NOTICES AND AGENDAS Correspondence, Notices and other Information 1. League of California Cities — 2015 Annual Conference Reso Packet * Council Only Peggy Curran DIGEST � -1 From: William Osher <bg9osher@comcast.net> Sent: Thursday, August 27, 2015 8:21 PM To: Peggy Curran Subject: Bill Osher resignation as Treasurer Peggy, After careful consideration I have decided to resign as Treasurer of the Town of Tiburon. I have enjoyed my time as Treasurer and hope to I have been able to provide some assistance over the years. I am happy to assist in the selection of a new Treasurer and I am willing to remain as Treasurer, for a time, while the Town looks for a replacement. Sincerely, -Bill 1 COX CASTLE NICHOLS N August 27, 2015 VIA E-MAIL ONLY John E. Roberto Contract Planner Marin Community Development Agency Marin County Civic Center 3501 Civic Center Drive, Suite 308 San Rafael, CA 94903 DIGEST Cox, Castle & Nicholson LLP 555 California Street, 10th Floor San Francisco, California 94104-1513 P: 415.262.5100 F: 415.262.5199 Michael H. Zischkc 415.262.51(19 mzischkc@coxcasde.com File No. 072973 RiE©EHEi SEP 0 2 2015 lj PLANNING DIVISION Re: Merits and Decision Making Hearings on the 2008 Easton Point Residential Development Dear Mr. Roberto: Our firm has been retained to represent the Martha Company with respect to the enforcement of the 1976 and 2007 federal court judgments requiring the County to approve 43 homesites on the Martha Company's Easton Point Property, and setting deadlines for those actions. We have also been retained to work with the existing project team regarding the CEQA review and entitlement process for the "2008 Easton Point Residential Development" project and application. Following consultation with our clients and the project team, this letter responds to your March 2014 letter, in which you clarified the Marin County Board of Supervisors' decision not to certify the Project EIR and requested that the Martha Company notify the County as to how it intends to proceed through the merits phase of Project review. h-►itially, I want to express our substantial concern regarding the Board's decision not to certify the project EIR in light of the specific mandates in the U.S. District Court's 2007 stipulated judgment, including the mandate to "take final action to certify a final Environmental Impact Report" within 14 months of the filing of the application. Given that the Board delayed certifying the EIR based on concerns about the project approval, given the testimony that the EIR was ready for certification, and given the court mandated deadline, there does not appear us to be any legal justification for the Board's action, and we believe the County is in direct violation of the judgment. Nevertheless, we are responding to the March 2014 letter in an attempt to resolve matters short of seeking legal enforcement from the court. Over the past year, the Martha Company has analyzed in detail each of the items identified in your March 2014 letter and, as further explained below, has concluded that all of the Board's concerns can be addressed on the basis of the proposed Project layout without modification to the Martha Company's 2008 application materials. Accordingly, while the 072973\7056127 WWW coxcasele.com Los Angeles 1 Orange County 1 San Francisco John E. Roberto August 27, 2015 Page 2 Martha Company has attached supplemental information to this letter, it does not otherwise plan to submit amended application materials. Indeed, by submission of this letter, the Martha Company is requesting that the County move forward with its consideration and review of the proposed Project and re-establish a tentative schedule for merits and decision making hearings on the Project. The Martha Company is motivated to proceed with the Project and we are authorized and prepared, if necessary, to return to federal court to enforce the 1976 and 2007 stipulated judgments if this does not occur expeditiously. Notwithstanding its plain obligations under the 1976 and 2007 stipulated judgments, the County has for long delayed preparation and certification of an EIR as well as review and action on the 2008 application materials. In so acting, the County has consistently undermined the terms of the stipulated judgments. While the Martha Company is hopeful that the entitlement process can be completed without further resort to court, it is prepared to take whatever steps necessary to ensure that the County satisfies its obligations under the judgments. 1. The Board of Supervisors Properly Should Have Certified the Project EIR at the Conclusion of the March 11, 2014 Public Hearing. As an initial matter, we are disappointed that the Board failed to certify the 2008 Easton Point Residential Development EIR at the March 11, 2014 hearing. Since at least October 2013, you have recommended that the Board certify the Final EIR for the Project. Likewise, at the October 22, 2013 Board hearing, you represented that not only you but also County planning staff and County Counsel David Zaltsman recommended that the Board certify the EIR. (Transcript of 10/22/2013 Marin County Board of Supervisors Hearing re: The 2008 Easton Point Residential Development, at 4:18-21.) Indeed, as you acknowledged in a March 11, 2014 letter to the Board, "the Final EIR for the 2008 Easton Point Residential Development Project has undergone rigorous preparation and processing in full compliance with CEQA, State EIR Guidelines, and County Environmental Review Procedures." You further noted that "[s]ubstantial opportunity and time for public participation in the EIR process and review and comment on the EIR documents has been provided which meets and exceeds the requirements of CEQA and County Environmental Review Procedures." On this basis, given the "thorough discussion and analysis of impacts and alternatives consistent with what is reasonably feasible," you concluded that the EIR "is now adequate and complete to be acceptable for certification as the environmental review for the project." Given the rigorous preparation and processing that the EIR has undergone, the Board should have certified the EIR at the March 2014 hearing (if not much earlier). At that time, the Board had before it an EIR that fully complied with CEQA and it should have been certified. In your March 14, 2014 letter to the Martha Company, however, you explained that the Board "decided not to consider certification of the Final EIR until a more specific proposal based on actual plans that mitigate the [significant environmental] impacts of the project" is prepared. 072973\7056127 John E. Roberto August 27, 2015 Page 3 Notably, you referenced the Board's concerns with respect to water tank design and fire flows as well as potential impacts to listed, threatened, and endangered plant and animal species. As you noted in your letter to the Board, however, the purpose of an EIR is not to resolve differences of opinion on impact conclusions in the EIR or resolve all matters related to the decision on the merits of the project for approval or disapproval. Rather, as you plainly noted, "the purpose of CEQA is to compel government at all levels to make decisions with environmental consequences in mind." (See Bozung v. Local Agency Formation Commission (1975) 13 Ca1.3d 263, 283; see also Cal. Code Regs., tit. 14, § 15002(a)(1) [stating that basic purpose of CEQA is to inform govenunental decision makers and the public about the potential, significant environmental effects of proposed activities].) Thus, while the Board may have concerns with water tank design, fire flows, and impacts to species, each of these items properly could be resolved at a later time, after the DR has been certified. The County's failure to certify the EIR is even more unacceptable in light of the County's obligations under the 2007 Judgment Pursuant to Stipulation. As you are aware, section 4(a) of that Judgment requires the County to certify an EIR for the Project within fourteen months of submission of the Martha Company's application. The Martha Company submitted its application materials in 2008, and the time for County action has long since passed. In short, given the County's clear directive under the terms of the 2007 Judgment, the County's decision not to certify the EIR is a clear and direct violation of the Court's order. 2. The Martha Company's Plan to Proceed to the Merits Phase of Project Review a. Martha Company's Review of Water Tank Design, Fire Flows, and Potential Impacts to Species In your March 14, 2014 correspondence, you identified two primary areas of concern expressed by the Board, namely: (1) water tank design and fire flows; and (2) potential impacts on listed, threatened, and endangered plant and animal species. Noting that the Board decided "not to consider certification of the Final E1R until a more specific proposal based on actual plans" is submitted, you requested that the Martha Company submit additional information and emphasized that "County staff needs to know how the applicant intends to proceed through the merits phase of project review." Since receipt of your letter, the Martha Company has analyzed in detail each of these items. In mid -2014, for example, the Martha Company commenced work with the Marin Municipal Water District ("MMWD") and the Tiburon Fire Protection District, respectively, to determine the engineering viability of a water tank with a base elevation of 590 feet and confirm that fire flow standards could be met at such an elevation. In August 2014, following a number of meetings, the Tiburon Fire Protection District concluded that a water tank at 590 feet could comply with fire flow standards. A true and correct copy of an August 2014 letter from the 072973\7056127 John E. Roberto August 27, 2015 Page 4 Tiburon Fire Protection District, confirming permissible fire flow standards, is attached to this letter as Exhibit A. The Martha Company also submitted preliminary grading plans, structural plans, and geotechnical investigation and structural calculations for a proposed water tank to MMWD. In September 2014, MMWD confirmed that "structurally adequate retaining structures could be designed and constructed" at a base elevation of 590 feet but expressed concern with visual impacts and its own long-term liability. The Martha Company thereafter requested that MMWD formally accept the proposed design for the water tank. In November 2014, reiterating the same concerns, MMWD declined to accept the water tank design at that time. True and correct copies of this fall 2014 correspondence with MMWD are attached as Exhibit B. During this time, the Martha Company also engaged LSA Associates, Inc. to assist in the development of alternative mitigation measures that will achieve the goal of avoiding the "unmitigated taking" of Identified Species, as required by the 2007 Judgment, while preserving the original Project layout as represented in the Martha Company's 2008 application. The result of this work was the development of alternative measures to those presented in the County's EIR (most of which call for significant project layout changes). We will be forwarding copies of these alternative mitigation measures shortly. b. All of the Board's Concerns are Resolvable Without Modification of the Martha Company's 2008 Project Application Materials. Based on its review of these and other aspects of the proposed Project, the Martha Company has concluded that all of the Board's concerns can be addressed without modification of the Martha Company's 2008 application materials. First, with respect to water tank design and fire flows, the Martha Company believes that it has satisfied all of the Board's concerns as to the feasibility of such mitigation. Notwithstanding its remaining concerns, MMWD has confirmed that a water tank with a base elevation of 590 feet could be designed and constructed, thereby satisfying any concerns that the Board may have with respect to the health and safety of such a tank. Likewise, the Tiburon Fire Protection District has confirmed that fire flows can be met with a water tank at 590 feet. As the entitlement process moves forward, the Martha Company is confident that it will be able to work with MMWD to design and construct a tank at 590 feet that will be acceptable to all parties. At this time, however, the fact that MMWD has not formally approved the design of the proposed water tank is not an appropriate basis for the Board to further delay action, particularly given MMWD's policy that it will not provide final, "will serve" confirmation until a project is ready for a final map. Related to water tank design, the Martha Company also hereby renews its proposal to swap properties with the Marin County Open Space District, such that a water tank could be constructed on what is now Marin County Open Space property in exchange for at least an 072973\7056127 John E. Roberto August 27, 2015 Page 5 equivalent portion of property. Not only would adjacent Open Space land provide for the design and construction of a water tank with a base elevation above 590 feet (thereby resolving any potential issues with MMWD) but also the County rightfully should consider such a swap under its obligations pursuant to the 1976 and 2007 stipulated judgments. Finally, the Martha Company is confident that the alternative mitigation measures, which will he provided shortly, will adequately address the Board's concerns with respect to both the sufficiency and feasibility of recommended mitigation measures. Specifically, each of these proposed measures would ensure against the "unmitigated taking" of Identified Species without requiring modification of the original Project layout. In sure, the Martha Company is fully prepared to move forward with the merits and decision making phase of the Project entitlement process and believes that the County now has sufficient information to proceed with its review. We look forward to working with the County on the approval of 43 homesites on the Easton Point property. If you have any questions with respect to any aspect of the proposed Project, please do not hesitate to contact me. 1 will contact David Zaltsman to discuss how we proceed from here. Michael H. Zisc.h.ke cc: Supervisor Katie Rice, President, Board of Supervisors David Zaltsman, Office of County Counsel Brian Crawford, Director, Community Development Agency Tom Lai, Assistant Director, Community Development Agency Paul Smith, Keegin Harrison Clients 072973\7056127 EXHIBIT 'A' EXHIBIT 'A' RICHARD PEARCE, FIRE CHIEF TIBURON FIRE PROTECTION DISTRICT 1679 TIBURON BOULEVARD, TIBURON, CALIFORNIA 94920 TELEPHONE (415) 435-7200 FAX: (415) 435-7205 TO: Michael Tarnoff FROM: Jessica Power, Fire Inspector RE: Easton Point Subdivision DATE: August 29, 2014 Per our meeting, the proposed subdivision shall comply with the following requirements of the California Fire Code and the Tiburon Fire Protection District (TFPD): • The structures shall have installed throughout an automatic fire sprinkler system. The system design, installation and final testing shall be approved by the District Fire Prevention Officer. CFC 903.2 • Califomia Fire Code table B105 requires a minimum of 1500 GPM for Type V buildings. The Fire Chief may allow reductions in fire flow requirements for sprinklered buildings. Chief Pearce will allow a reduction up to 50%. Reductions will not reduce the minimum to less than 1000 GPM. • Marin Municipal Water District modeled fire flows for the subdivision and found eight Tots with fire flows of 900-950 GPM. This is under the required 1,000 GPM. On these Tots where fire flow does not comply, as an alternative, you have proposed to upgrade homes on those Tots to an NFPA 13R automatic fire sprinkler system. Those homes would be limited to 8,200 square feet. • The remaining Tots that have modeled fire flows above 1000 GMP and less than 1500 GPM will be acceptable to TFPD as long as they meet the building materials requirements in CFC Table B105. They are allowed to have the 50% reduction (not less than 1000 GPM due to being sprinklered). We accept these conditions. These conditions do not include other requirements such as access and radio communications. Fire hief, Richard Pearce cc: file \ 7/2,) / Li Fife Inspector, Jessica Power Date PROTECTING THE COMMUNITIES OF BELVEDERE AND TIBURON EXHIBIT 'B' EXHIBIT 'B' MARIN MUNICIPAL WATER DISTRICT 220NellenAvenue . Corte Madera CA 94925-1169 www.marinwater org September 10, 2014 Michael Tarnaff Tarnoff Engineering Corp 1442 A Walnut St #428 Berkeley CA 94709 Re: Easton Point Water Tank Preliminary Plans Dear Mr. Tarnoff: The district has reviewed the preliminary grading plans, structural plans, geotechnical investigation and structural calculations for the proposed Easton Paint Tank. This review is in response to the lead agencies request for more information to complete their CEClA process and nothing in this letter should be construed as an official acceptance or rejection of the proposed water tank design. The following comments are offered to provide feedback regarding the preliminary tank design's compliance with the district's Design Guidelines for Water Storage Tanks, the adequacy of the structural calculations and concerns regarding the proposed facilities. 1. The proposed siting of the tank at a base elevation of 590 feet, on top of above grade retaining structures, will make it difficult, if not impossible, to minimize or mitigate the visual impact of the tank. The district reserves the right to select the final design criteria for visual Impact mitigation. 2. The proposed tank pad would be created through the construction of retaining walls in excess of 25 feet at the highest point. See attached comments regarding the preliminary structural plans and calculations. While I'm confident that structurally adequate retaining structures could be designed and constructed, such structures potentially represent significant Tong -term liability for the district. Upon completion and acceptance by the district the retaining structures would become district property and their Tong -term maintenance and eventual replacement would be the district's responsibility. 3. The proposed tank pad would consist of engineered fill retained by the previously discussed concrete walls. The geotechnical report includes tank foundation recommendations not shown of the structural plans or included in the structural calculations. Please provide tank foundation plans and calculations per the recommendations included the geotechnical report. recycled recyclable Michael Tarnoff Easton Point Water Tank Preliminary Plans September 10, 2014 Page 2 4. Water mains are proposed to be located within the tank access road and temporary construction road. These roadways will require significant cuts, fills and retaining structures. Who will have responsibility for the maintenance and repair of the roadways? 5. The preliminary plans indicate that a MERA communication tower will be constructed adjacent to the proposed water tank. District staff and contractors will need to work on and around the tank. Please provide documentation that EMF radiation associated with the communication tower will not present a hazard to staff and others visiting the tank site. The proposed preliminary tank plans represent a significant departure from the district's storage tank design guidelines. I understand that the proposed tank elevation is being driven by the need to provide adequate domestic water service and fire protection flows for the Easton Point Development. However, it would be the district's preference to site the tank at a lower elevation so that the tank could be constructed at or near existing grade to allow the visual impact of the facility could be minimized or mitigated. If you have any questions please contact me at 415-945-1589 or by email at ilahaye@marinwater.org. Si cerely, n L aye, PE Principal Engineer JL:mp Attachment Carl A. Gowan, P.E., Senior Engineer, MMWD, comments on Easton Point design Reviewed the following: 1. Geotechnical Investigation, New Water Tank, Easton Point Subdivision, Tiburon, CA,, Miller Pacific Engineering Group, August 15, 2014 2. Structural Calculations for Easton Point Retaining Wall Design, Tiburon, CA, CSW/ST2, August 7, 2014 3. Construction Documents (drawings C -7A, C -7B, C -10A, C -10B, C -10C), Easton Point, Tiburon, CA, Tarnoff Engineering Corp, July 21, 2014 4. Construction Documents (drawings S-1, S-2, S-3, 5-4), Easton Point, CSW/Stuber-Stroeh Engineering Group, Inc., July 23, 2014 This is not a complete review of all items required to meet or exceed the California Building Code, 2013 edition. The review is limited to critical items related to the design of the retaining walls. Comment Number Reference Page/Sheet Reference Comment 1 1 6,18 Reference is to 2007 CBC in list of references. Latest California Building Code is 2013; includes latest seismic load requirements. 2 1 • 15 The soil nails/tiebacks skin friction is given as 1500 psf for Shale Bedrock. Although a C of 200 is included in material properties for fill, and skin friction is given for vertical piers, no value is given for soil nail/tieback skin friction. Therefore, assume zero for fill tieback skin friction. 3 2 Various pages The tieback skin friction for fill is given as 750 psf and the tension allowed in the fill is used to determine the hole length. However, the tieback friction for fill is not given. Assume zero from the soils report. 4 1, 3 Figure 5 of Ref 1 and Sheet C-10 of Ref 3 Ref 1 notes that for distance between walls (x) Tess than one-half the height of the lower wall (H1), the design of the lower wall needs to include the full soil Toad of Therefore, for any lower wall greater than 10 ft high (5 ft <=.5 *10 ft), the structural calculations need to include the full soil load of the upper wall. For lower -walls (all are ; an equivalent height of the upper wall (H2) and lower wall (H1); a proportionate value is used for H1 between 5 ft and 10 ft. Ref 3, Sheet C- 10C when scaled, indicates a distance between the upper and lower wall (x) of approximately 5 ft. restrained with tiebacks) of 5 ft to 10 ft, the structural calculations need to include the • uniform surcharge of75*H2/x. 5 2 Various pages The wall height including in the calculation does not include the height of the upper wall. . Include height of upper wall soil load in the calculations as recommended in the geotechnical report. 6 1,3 Figures A-3, A-4, A-5 of Ref 1 and Section B-B and Section A-A of Ref 3 Ref 1 soil borings indicates shale melange starting at depths of 2 ft to 5 ft. Ref 3 Section A-A and Section B-B show the existing grade. Only shale melange has a value for soil nail/tieback skin friction and starts 2 ft to 5 ft below the existing grade. 7 4 Sheet S-2, Sheet S-3 Detail 1 and Sheet S-4 Detail 1 Ref 4 detail includes direction (on Sheet 5-2) and typical section (detail 1 for both Sheet S-3 and Sheet 5-4) for the retaining wall tiebacks. An assumed plan for bonded holes is shown on the detail. The top of bedrock is shown for the drilled pier. Recommend a soil reinforcement program (such as SnailWin by Caltrans) for evaluating the sail nail retaining wall. The bedrock depth needs to be extended for each tieback location (as shown on Sheet 5-2): extend tieback into bedrock. Recommend failure mode of "stretching" of the soil nail steel instead of pullout of the soil nail; easier to repair. MARIN MUNICIPAL WATER DISTRICT 220 Nellen Avenue Corte Madera CA 94925-1169 wwwmarinwater.org November 26, 2014 Mr. Michael Tarnoff Tarnoff Engineering Corp. 1442 A Walnut St. #428 Berkeley, CA 94709 Re: Easton Point Water Tank Preliminary Plans Dear Mr. Tarnoff, Thank you for your letter of November 4, 2014 responding to the district's comments regarding the Easton Point Water Tank preliminary plans. In addition to respondingto the district's comments, the response letter included a request that the MMWD formally accept the proposed design for the water tank to be constructed with a base elevation of 590 feet. The proposed tank design with a base elevation of 590 feet is unacceptable to the district for the following reasons. 1. The proposed siting of the tank at a base elevation of 590 feet, on top of an elevated tank pad, will make it impossible to minimize or mitigate the visual impact of the tank. Your letter suggests several mitigation measures, including; knuckle roof edge, landscape screening, painting the tank to match the surrounding, or using a rock face on the retaining wall and tank to simulate a rock outcrop. Staff believes that even with these suggested mitigation measures the water tank would be a highly visible and prominent feature on the landscape. As such, staff believes that the proposed siting included in the preliminary plans does not conform to the MMWD Design Guidelines for Water Storage Tanks. 2. The proposed tank pad retaining walls and tank foundation required to site the tank at a base elevation of 590 feet represent a significant long-term liability for the district. Upon completion and acceptance by the district the tank and retaining structures would become district property and their long-term maintenance and eventual replacement would constitute an unacceptable level of liability for the district. I understand that the proposed tank elevation is being driven by the requirement to provide adequate domestic water service pressures and fire protection flows for the Easton Point Development. The subdivision, as currently laid out, includes building sites that are at too high an elevation to be adequately supplied from a water storage tank located on the Martha Company property. towering the base elevation of the tank could reduce visual impacts and the need for retaining structures but would result in inadequate water service pressures and fire protection flows. recycled �� recyclable vim Itif Mr. Michael Tamoff Easton Point Water Tank Preliminary Plans Page 2 The proposed preliminary tank plans represent a significant departure from the district's Design Guidelines for Water Storage Tanks and a Tong -term liability for the district. As such staff finds the proposed design for the Easton Point water tank with a base elevation of 590 feet to be unacceptable. if you have any questions please contact me at (415) 945-1589 or by email at ilahave@marinwater.org. Sincerely, n LaHaye, Principal Engineer CC: Krishna Kumar Joseph Eischens DIGEST Town ofTiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P 415.435.7373 E 415.435.2438 • www.ci.tiburon.ca.us August 24, 2015 Marin County Board of Supervisors 3501 Civic Center Drive San Rafael, CA 94903 SUBJECT: Bently Holdings Master Plan Amendment and Precise Development Plan Amendment -2015 Belvedere Place Traffic and Parking Study Dear Supervisors, Over the past several months the Town of Tiburon has been meeting with County Staff to discuss traffic congestion and other issues involving the Tiburon Boulevard 101 interchange. These have been good conversations that have resulted in some good ideas. Just as the Town of Tiburon is concerned about existing congestion at this interchange, we are similarly concerned about major developments that could increase such congestion. Accordingly, we have some concerns regarding the potential transportation/traffic impacts of the proposed Bently Holdings Master Plan and Precise Development Plan Amendments. The Town of Tiburon appreciates the opportunity to provide comment on this project as it affects traffic on Tiburon Boulevard and the 101 interchange. The Town's traffic consultant, David Parisi, has reviewed the 2015 Traffic and Parking Study for the project and provided a number of comments. These were included in a letter to you from the City of Mill Valley dated July 30, 2015. We agree with these comments, but will not repeat them all here. We do, however, want to emphasize that any study of the Tiburon Boulevard/Redwood Highway Frontage Road intersection, which begins with an existing LOS of C, bears special scrutiny. As noted in recent meetings, the daily experience of residents clearly indicates an LOS below C. The City of Mill Valley received a Program Arterial System Synchronization (PASS) grant and completed a study of the overcrossing in 2012. This study showed that the Tiburon Boulevard/Redwood Highway Frontage Road intersection operates at LOS D. Traffic counts completed since 2012 indicate traffic from the Tiburon Peninsula through this intersection has increased since 2012. In 2014, the consulting firm of Nelson -Nygaard conducted traffic counts and analysis for the Town of Tiburon as part of the Town's Circulation Element Update. The counts and analysis found that the Redwood Highway Frontage Road/Tiburon Boulevard intersection currently operates at LOS D in both the AM and PM peak hours. The Town believes that further traffic analysis will result in realistic data upon which a CEQA evaluation and appropriate mitigation might be based. The Town looks forward to continued consultation on this and similar projects that might affect traffic at the Tiburon Boulevard 101 interchange. Town Engineer Town of Tiburon Frank X. Doyle Mayor Erin Tollini Vice Mayor Jim Fraser Councilmember Alice Fredericks Councilmember Emmett O'Donnell Councilmember Margaret A. Curran Town Manager KIa�gON VOLUNTEER FIRE DEP, Dear Neighbor, DIGESTC-2 RECEIVED AUG 272015 TOWNOICE WN OFT RON U The members of the Tiburon Volunteer Fire Department would like to thank you and ask for your continued support in our Annual Fundraising Campaign. On a daily basis our members support the Tiburon Fire Protection District personnel and respond to a variety of different emergency calls including medical aids, fires, rescues, public assists, and any other needs of our citizens. As your Fire Department, we are always looking to improve the level of service that we provide. We have been able to keep our community safer by funding the following programs with your donations: • Get Ready 94920— Preparation for a major natural disaster • Disaster Trailer — Portable equipment cache for emergency situations • Public Access Defibrillators— Supplying public buildings throughout the town with 12 AEDs • Fireboat Tiburon — Provide marine areas with fire/rescue protection as well as providing emergency medical care to boaters and visitors to Angel Island • Type III Wildland Engine — Provide fire protection in wildland fires • Community Courses — Teach local burn prevention at Tiburon Schools as well as CPR and CERT classes to the community and businesses in town • Rescue - Mobile piece of equipment which provides additional rescue capabilities to the town On behalf of the Tiburon Volunteer Fire Department I would like to invite you to the 5th Annual Firemen's Ball on Main Street on the last Friday Night on Main, which will be on September 25th. Live entertainment will be provided by The Fundamentals so please come down enjoy some live music, meet your local Firemen and support your community. We will also be hosting a booth at the Friday Night's on Main Street festival on August 28th. Please stop by and pay us a visit! We are currently looking for new Volunteer Firemen, if interested please contact the downtown firehouse at 435-7200 for more information. Sincerely, (41-a-- ,"/ Wesley 41-a— Wesley Poole 2015 President and Firemen's Ball Fundraiser Chairman Tiburon Volunteer Fire Association NOTICE OF MEETING CANCELLATION DIGEST A-� THE REGULAR TIBURON PLANNING COMMISSION MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 9, 2015 HAS BEEN CANCELLED THE NEXT SCHEDULED MEETING OF THE PLAITING COMMISSION IS THE REGULAR MEETING OF WEDNESDAY, SEPTEMBER 23, 2015 SCOTT ANDERSON, SECRETARY 1166_1 igFEcNoPNIF\ CITIES August 17, 2015 iGES'fe/e- 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org TO: Mayors, City Managers and City Clerks League Board of Directors RE: Annual Conference Resolutions Packet Notice of League Annual Meeting Enclosed please find the 2015 Annual Conference Resolutions Packet. RECEIVED AUG 3 1 2015 TOWN MANAGERS OFFICE TOWN OFTIBURON Annual Conference in San Jose. This year's League Annual Conference will be held September 30 — October 2 in San Jose. The conference announcement has previously been sent to all cities and we hope that you and your colleagues will be able to join us. More information about the conference is available on the League's Web site at www.cacities.org/ac. We look forward to welcoming city officials to the conference. Closing Luncheon/General Assembly - Friday, October 2, 12:00 p.m. The League's General Assembly Meeting will be held at the San Jose Convention Center. Resolutions Packet. At the Annual Conference, the League will consider four resolutions introduced by the deadline, Saturday, August 1, 2015, midnight. These resolutions are included in this packet. Resolutions submitted to the General Assembly must be concurred in by five cities or by city officials from at least five or more cities. These letters of concurrence are included with this packet. We request that you distribute this packet to your city council. We encourage each city council to consider these resolutions and to determine a city position so that your voting delegate can represent your city's position on each resolution. A copy of the resolution packet is posted on the League's website for your convenience: www.cacities.org/resolutions. The resolutions packet contains additional information related to consideration of the resolution at the Annual Conference. This includes the date, time and location of the meetings at which the resolution will be considered. Voting Delegates. Each city council is encouraged to designate a voting delegate and two alternates to represent their city at the General Assembly Meeting. A letter asking city councils to designate their voting delegate and two alternates has already been sent to each city. If your city has not yet appointed a voting delegate, please contact Meg Desmond at (916) 658-8224 or email: mdesmond@cacities.org. � Please Bring This Packet to the Annual Conference � September 30 — October 2, San Jose LEAGUE CITIES Annual Conference Resolutions Packet 2015 Annual Conference Resolutions San Jose September 30 — October 2 INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, four resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. POLICY COMMITTEES: Four policy committees will meet at the Annual Conference to consider and take action on the resolution referred to them. The committees are Administrative Services; Environmental Quality; Housing, Community and Economic Development; and Revenue and Taxation. These committees will meet on Wednesday, September 30, 2015, at the Hilton San Jose. The sponsors of the resolutions have been notified of the time and location of the meetings. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, October 1, at the San Jose Convention Center, to consider the reports of the four policy committees regarding the resolutions. This committee includes one representative from each of the League's regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEON/BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:00 p.m. on Friday, October 2, at the San Jose Convention Center. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60 -day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (47 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the General Assembly. This year, that deadline is 12:00 p.m., Thursday, October 1. Resolutions can be viewed on the League's Web site: www.cacities.ors/resolutions. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond@cacities.org or (916) 658-8224 1 LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 30 Hilton San Jose 300 Almaden Boulevard, San Jose 9:00 a.m. — 10:30 a.m.: Environmental Quality Housing, Community & Economic Development 10:30 a.m. — Noon: Administrative Services Revenue and Taxation General Resolutions Committee Thursday, October 1, 1:00 p.m. San Jose Convention Center 150 West San Carlos Street, San Jose Annual Business Meeting and General Assembly Luncheon Friday, October 2, 12:00 p.m. San Jose Convention Center 150 West San Carlos Street, San Jose KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES 1. Policy Committee 2. General Resolutions Committee 3. General Assembly ACTION FOOTNOTES * Subject matter covered in another resolution ** Existing League policy *** Local authority presently exists KEY TO ACTIONS TAKEN A Approve D Disapprove N No Action R Refer to appropriate policy committee for study a Aa Aaa Ra Raa Da Na W Amend+ Approve as amended+ Approve with additional amendment(s)+ Refer as amended to appropriate policy committee for study+ Additional amendments and refer+ Amend (for clarity or brevity) and Disapprove+ Amend (for clarity or brevity) and take No Action+ Withdrawn by Sponsor Procedural Note: The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws. A helpful explanation of this process can be found on the League's website by clicking on this link: Resolution Process. 5 Article VIII: Officers Section 1: Identity. The officers of the League are a President, a First Vice -President, a Second Vice-President/Treasurer, an Immediate Past President, and an Executive Director. Section 2: Duties of League Officers. (a) President. The President presides at all League Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the League Board. (b) First Vice -President. The First Vice -President carries on the duties of the President in the President's temporary absence or incapacity. The First Vice -President has such other powers and duties as may be prescribed by these bylaws or the League Board. (c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President's and First Vice -President's temporary absence or incapacity. The Second Vice-PresidentfTreasurer has such other powers and duties as may be prescribed by these bylaws or the League Board. Section 3: Election. The League Board elects the League's President, First Vice -President and Second Vice -President for terms of one year. The election occurs at the League Board's meeting at the Annual Conference. Section 4: Vacancies. A vacancy in the office of President is filled at the next mccting of the League Board by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full tern as Immediate Past President. In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writinz it shall be filled by the succession of the First Vice -President to that office. A vacancy in the office of First Vice -President, or Second Vice-President/Treasurer, is filled for the un -expired term by appointment by the League Board of a member of the League Board. A vacancy in the office of the Immediate Past President is filled for the un -expired term by the last Past President continuing to hold a city office. ////////// Background Information on Resolution No. 1 Source: League Board of Directors Background: In 2010 and again recently in 2014 the city official elected League President at the Annual Conference in September was not returned to office by the voters of their city. This development triggered a series of steps laid out in the order of succession in the League Bylaws that mandates that the First Vice President advance to the office of President at the next Board meeting and that the Board fill the vacancy in the office of First Vice President for the remainder of the term. 7 allowing the Immediate Past President to finish out the term of a vacated presidency the Board would ensure there is minimal disruption to the workflow and goals of the association. RESOLUTION REFERRED TO HOUSING. COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE 2. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS Source: City of Malibu Concurrence of five or more cities/city officials: Cities: Artesia; Duarte; La Canada Flintridge; Lakewood; Lomita; and Pico Rivera. City Officials: Los Angeles Council Member Mitchell Englander Referred to: Housing, Community and Economic Development Policy Committee Recommendation to General Resolutions Committee: WHEREAS, residential group home facilities provide valuable rehabilitation and support services for those who live in them, which benefits the greater society; and WHEREAS, state departments license these facilities through several state agencies, and operators are required to meet various state statutory requirements; and WHEREAS, in addition to residents, these facilities often include live-in managers and other staff, who provide a variety of services to residents which may include meals, workshops, training, counseling and other services. These uses and services may also require frequent deliveries to be made to the facility, shuttle van service provided to residents, and additional automobile traffic due to shift changes, visiting hours, and other activities. Collectively, these uses often generate more noise and activity than expected from a traditional single-family home; and WHEREAS, the overconcentration of residential group homes changes the character of neighborhoods as they become centers for the delivery of various services. This environment not only creates a disruption to long-time residents, it can also diminish the quality of the residential treatment experience for group home residents as the neighborhood assumes a more institutional setting; and WHEREAS, the State and local governments operate in partnership regarding the location of these residential care facilities in residential neighborhoods in order to carry out the policy of the State to prevent overconcentration of such facilities in these neighborhoods; and WHEREAS, the state has adopted a 300 foot separation requirement between facilities licensed by the Department of Social Services,' but these siting standards have not been extended to apply to facilities licensed by other state agencies such as the Department of Health Care Services or other licensed or unlicensed facilities; and WHEREAS, it is the policy of the State that each county and city permit and encourage development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need;2 and Health & Safety Code Section 1520.5 2 Health & Safety Code Section 11834.20 9 and drug programs are treated differently under state law in this respect and no distancing requirements apply. In fact, the state licensing agency does not impose any restrictions on the number of facilities in the vicinity of one another and have been allowing licensees to obtain two licenses on one lot and to operate integrated multi -structure facilities under the guise of multiple single-family residential licenses. Similarly, state law currently requires private foster family agencies operating in residential zones to be organized and operated on a nonprofit basis, while drug and alcohol programs and sober living homes are permitted to operate as a for-profit business in residential zones. The addiction recovery industry has become big business. There are now thousands of treatment facilities and sober living homes in California and the number is rapidly increasing. State policy sought integration of group homes into residential neighborhoods, not disintegration of the residential character of the neighborhoods. A course correction is required to advance state policy. Through zoning authority, cities can preserve the very neighborhoods that the community -care model depends on to provide the therapeutic environment of a residential neighborhood. Distancing requirements both respond to the biggest concern of local government (over concentration that impairs neighborhood character) and advances state policy. In addition, limiting the zoning preemption to non- profit programs will also assist in preserving the integrity of residential neighborhoods. ////////// League of California Cities Staff Analysis on Resolution No. 2 Staff: Dan Carrigg Committee: Housing, Community and Economic Development Summary: This Resolution calls for the Governor and the Legislature to work with the League and other stakeholders to explore options to address overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities, avoid the creation of institutional settings when multiple facilities are concentrated in a single location, and determine the appropriate balance between not-for-profit (including county) facilities and for-profit facilities in residential neighborhoods. Background: The City of Malibu is sponsoring this resolution as a way of highlighting an issue that continues to create zoning and land use problems in single-family neighborhoods. While this is not a new issue for the League and its cities, and the League has existing policy in this area, the sponsors view the passage of this resolution as helpful in restarting conversations with the Legislature and the Governor's Administration that can hopefully lead to productive solutions. HCED Committee member and Malibu Council Member Lou La Monte raised this issue at the Committee's June meeting, where he presented a resolution that had recently been adopted by the California Contract Cities Association on May 15. The Committee encouraged him to work with League staff in his effort to draft a measure to be presented at the League's annual conference. League staff worked with Mr. La Monte in this regard, mostly in helping ensure that the various "whereas clauses" appropriately reflect the important legal rights of patients and obligations of public entities that Legislators will expect to be balanced in any solutions to local land use issues. Resolved Clauses from Recent CCCA Resolution: NOW THEREFORE, the Members of the California Contract Cities Association hereby re -affirms its commitment to cooperation among units of government that serve the people of California and urges the 11 WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments for tourist or transient use is a developing part of the sharing economy; and WHEREAS, while these rentals provide additional options to the traveling public, and income to affected property owners or tenants, it is also important that such rentals comply with local laws, regulations and ordinances; and WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments for tourist or transient use can present numerous challenges to neighborhoods and adjacent property owners and create additional noise, traffic, parking, privacy and public safety issues, subvert local rent - control laws, decrease available housing stock and in some cases tum residential neighborhoods into de - facto hotel rows; and WHEREAS, where temporary rental of residential units for tourist or transient use is allowed in conformance with local laws, regulations and ordinances, the applicable transient occupancy tax (TOT) should also be collected. The temporary rental of residential units for tourist or transient use is in direct competition with hotels, motels and other accommodations where guests pay the local TOT, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor; and WHEREAS, the Thriving Communities and Sharing Economy Act, introduced as SB 593 by Senator Mike McGuire (D-2, Healdsburg), prohibits the operators of transient residential hosting platforms from advertising residential units for tourist or transient use if such use will violate any ordinance, regulation, or law within the applicable city or county that opts into its provisions, and requires the confidential quarterly reporting to the city or county of the following information (if the City or County adopts an ordinance requiring the reporting of the data): 1. The address of each residential unit that was occupied for tourist or transient use during the quarterly period. 2. The total number of nights the residential unit was occupied for tourist or transient use. 3. The amounts paid for the occupancy of the residential unit for tourist or transient use. WHEREAS, the provisions of SB 593 bolster existing local authority to enforce local ordinances and collect revenue associated with the temporary rental of residential units by allowing local agencies access to the data necessary to enforce their ordinances and requiring short-term rental hosting platforms to collect local TOT and remit it to the appropriate jurisdiction if short-term rentals are allowed in that jurisdiction; and WHEREAS, the provisions of SB 593 provide a helpful regulatory framework that cities and counties may choose in lieu of exercising their existing authority; and WHEREAS, the League of California Cities supports SB 593 because it recognizes and preserves local flexibility to address the temporary rental of residential units in the manner that best fits with the unique issues and conditions found in each local jurisdiction; and WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to collect TOT revenues from short-term rentals, to pay for vital local services; and WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to enforce local regulations designed to ensure the safety of the public and residents living adjacent to short- term rentals; and 13 Cities and counties have been unable to obtain this information due to the fact that OVRB's pass their responsibility to individual homeowners. This lack of oversight and enforcement presents a gap in accountability, and as a result, local laws and regulations are not being followed. Sen. Mike McGuire's Thriving Communities and Sharing Economy Act (SB 593) will provide local jurisdictions with the data and framework necessary to collect TOT revenues from short-term rentals, to pay for vital local services; or conversely, the data necessary to help cities enforce local regulations designed to ensure the safety of the public and residents living adjacent to short-term rentals, if those rental are not allowed. Specifically, SB 593 would: 1) Prohibit the operators of short-term residential hosting platforms from advertising residential units for tourist or transient use if such use will violate any ordinance, regulation, or law, within the applicable city that opts into the bill's provisions; 2) Require short-term rental housing platforms to collect and remit applicable transient occupancy tax (if short-term rentals are allowed in the city and the collection of TOT is required by the city); and 3) Require the confidential quarterly reporting of the address of each residential unit that was occupied for tourist or transient use during the quarterly period, the total number of nights the residential unit was occupied for tourist or transient use, and the amounts paid for the occupancy of the residential unit for tourist or transient use. The premise of SB 593 is simple: reinforce local laws already on the books. Where vacation rentals are legal, the bill will assist local jurisdictions in their regulation and collection of Transient Occupancy Taxes, (TOT) as more than 430 cities and 56 counties impose a TOT. Where vacation rentals are illegal by local ordinance, the bill will prohibit online vacation rental businesses from making a rental. The Thriving Communities and Sharing Economies Act will empower local control, provide desperately needed funding for parks, local roads, fire and police services, and promote safe neighborhoods. SB 593 will require online vacation rental businesses to disclose information to cities and counties and/or collect and disperse Transient Occupancy Tax dollars — projected to be in the hundreds of millions of dollars statewide. The emerging short term rental industry is an important segment of the state economic fabric and an issue of statewide importance. SB 593 would assist in facilitating a shared economy that will be beneficial to California's cities and their residents. 1111111111 League of California Cities Staff Analysis on Resolution No. 3 Staff: Dan Carrigg Committees: Housing, Community & Economic Development; Revenue & Taxation Summary: This Resolution seeks to highlight and increase support for SB 593 (McGuire), which is pending in the Legislature. SB 593, titled the Thriving Communities and Sharing Economy Act, seeks to bolster local efforts to regulate and collect transient occupancy taxes from the temporary rental of residential houses, condominiums, rooms, and apartments for tourists and transient use. The League is currently in support of this legislation. Background: The City of West Hollywood and other cities are sponsoring the resolution in an effort to expand awareness of the issue among cities and encourage additional support for SB 593. They view the 15 Support, If Amended position, which was concurred with by the League board. The author later incorporated the League's amendments into the bill and the League issued a support letter on the current version of the bill. 4) Local governments already have extensive authority to regulate land use and collect local taxes. While vacation rentals may be an increasingly popular option for the traveling public, local ordinances are beginning to adjust. The League supports SB 593 because it is crafted in a way that supports local authority in dealing with this emerging issue. Local agencies can either opt in to its provisions or continue to address issues differently under their existing local authority. Existing League Policy: Related to this Resolution, existing policy provides: HCED Policy: The League believes that local zoning is a primary function of cities and is an essential component of home rule. Rev. & Tax Policy: Additional revenue is required in the state/local revenue structure. There is not enough money generated by the current system or allocated to the local level by the current system to meet the requirements of a growing population and deteriorating services and facilities. RESOLUTION REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE 4. RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TO WORK WITH THE LEAGUE OF CALIFORNIA CITIES TO ENACT LEGISLATION OR TO OTHERWISE COMPEL SOUTHERN CALIFORNIA EDISON TO CREATE A PROGRAM TO AUTOMATICALLY PROVIDE DIRECT COMPENSATION TO ITS CUSTOMERS AFFECTED BY PROLONGED ELECTRICAL POWER OUTAGES UNDER SPECIFIED CIRCUMSTANCES. Source: City of Rancho Palos Verdes Concurrence of five or more cities/city officials: Cities of Hermosa Beach, Lomita, Palos Verdes Estates, Rolling Hills and Rolling Hills Estates Referred to: Environmental Quality Policy Committee Recommendations to General Resolutions Committee: WHEREAS, local governments in California are often reliant upon investor-owned private utility companies for the provision of electrical power to their citizens, businesses and institutions; and, WHEREAS, the reliability and consistency of electrical supply and transmission is critically important to local governments to ensure the protection of the public safety, health and general welfare of communities; and, WHEREAS, prolonged disruptions in electrical service can jeopardize the health of citizens who have a variety of physical challenges and rely on a constant source of power for medical devices; the safety of senior citizens who are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and the financial well-being of citizens, businesses and institutions that suffer from the loss of food, medication and other perishable items during prolonged power outages; and, WHEREAS, Southern California Edison (SCE), an investor-owned utility serving 15 million customers in Southern and Central California, experiences frequent and prolonged service disruptions due to both planned and unplanned outages, equipment failures and weather-related events, which adversely affect local governments within its service area; and, 17 outages. The prolonged power outages are the focus of this request, because they adversely affect residents in a variety of ways, particularly: • Residents who have a variety of physical challenges and rely on a constant source of power for medical devices; • Residents who are senior citizens and are particularly susceptible to injury if power outages persist for a long period of time into the evening hours; and, • Residents who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. The California Public Utilities Commission (CPUC) has the authority to impose penalties on utilities, including for prolonged power outages, and did so in connection with an extreme wind event that occurred in the Los Angeles area in 2011. However, the CPUC is not authorized to award claims to residents for prolonged electrical power outages. If a resident has a claim he or she wishes to pursue, the resident must file a claim with SCE, along with documentation of the financial loss that was incurred. If the claim is rejected, the resident then must file a lawsuit against SCE (probably in small claims court). Most residents will not want to spend the time and effort to pursue small claims for monetary damages arising from extended power outages. SCE only awards claims for damages caused by its own negligence. This means that if an extended power outage is caused by a weather-related event, the claim will be denied. The SCE website also states that it will not cover claims for power surges. Since SCE often moves power from one line to another to enable repairs and maintenance, SCE can be the cause of the power surge, but residents still will not receive compensation for those claims. Proposed Legislation The proposed resolution calls upon the Governor and Legislature to enact legislation (or take other action) that will provide rebates in flat amounts to SCE customers for extended power outages under specified conditions. The proposed legislation could be modeled on the "Safety Net" and "Service Guarantee" programs offered by Pacific Gas and Electric (PG&E), another California-based investor-owned utility, which provides specific rebates to its customers based upon the type, cause and duration of service interruptions. These penalties are designed to provide direct compensation to SCE's customers who are adversely affected by prolonged power outages, and to incentivize SCE to restore the power as quickly as possible. They also will eliminate the frustration that SCE's customers experience as a result of SCE's existing claim process. ////////// League of California Cities Staff Analysis on Resolution No. 4 Staff: Jason Rhine Committee: Environmental Quality Summary: Resolution No. 4 calls upon the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel Southern California Edison (SCE) to create a program to automatically provide direct compensation to its customers affected by a prolonged electrical power outage under specified circumstances. Background: City of Rancho Palos Verdes asserts that the South Bay region of Los Angeles County has longstanding concern regarding the ineffective process by which SCE addresses residents' claims associated with 19 • PG&E will provide payments to residential customers we determine were without power for more than 48 hours due to a severe storm. • The payments will range from $25 up to $100, depending on the length of the outage. Eligibility • The Storm Inconvenience Payment provision of the Safety Net Program applies to residential customers only (rate schedules E-1, E-6, E-7, E-8, E-9, EM, ES, ESR, ET, and EV); customers also may be enrolled in programs such as CARE and medical baseline. • Businesses, agricultural accounts, multi -family building common areas, streetlights, and all other customers other than residential customers are ineligible for Storm Inconvenience Payments. • Storm Inconvenience Payments will not be issued to customers in areas where access to PG&E's electric facilities was blocked (mud slides, road closures or other access issues). Also, if customer equipment prevented restoral or extended customer outage (ex. weatherhead, service drop, etc.). • The outage must have occurred during a major weather-related event that caused significant damage to PG&E's electric distribution system. • The outage must have lasted more than 48 hours. • Storm Inconvenience Payments are in increments of $25 ($100 maximum per event). Payment levels are based on the length of the customer's outage: o 48 to 72 hours $25 o 72 to 96 hours $50 o 96 to 120 hours $75 o 120 hours or more $100 • Both bundled -service and direct -access residential customers qualify for Storm Inconvenience Payments. • Storm Inconvenience Payments will be issued to the customer of record. • A customer with multiple residential services such as a primary residence and a vacation home is eligible for Storm Inconvenience Payments at each location where there was a storm -related outage of more than 48 hours. • Customers must have an open account (service agreement) in good standing at the time of the outage and at the time payment is issued (generally 45 to 60 days after the event). • For master -metered accounts such as mobile home parks, the customer of record will receive the Storm Inconvenience Payment for the master meter only. Service Guarantee Program Gas and electricity are essential to keep your life running smoothly, safely and efficiently. When your service is interrupted or in need of repair, you expect a reasonable and timely response. To ensure that we provide this to you, PG&E has implemented service guarantees, which spell out our commitment to prompt customer service for our customers: • Guarantee 1: Missed Appointments: PG&E will meet the agreed upon appointment time set with our customer during contact with our Call Center or automatically credit your account $30. • Guarantee 2: Non -Emergency Investigations: PG&E will investigate non -emergency situations (check meter) and communicate results to a customer within seven days of a customer's request. Check -meter appointments between October 15 and December 15 of each year will be scheduled within 10 workdays. If an off-site meter test is required, PG&E will communicate the results to the customer within 30 days. If access is required to the customer's premises, then an appointment is necessary. Failure to meet the service guarantee will result in a $30 credit to the customer's account. An automatic credit to the customer's account would apply only if PG&E misses a scheduled appointment date. If 21 caused by a moderate. severe, or catastrophic storm condition are exempt from the program. • How does PGR F provide relief to customers that have experienced a prolonged electrical power outage? Like SCE, PG&E has a multi -point service guarantee program that provides customer credits that range from $30 -$100 for a wide range of activities. In addition, PG&E has a specific, weather related program, the "Safety Net" program, which provides automatic, direct payment to customers experiencing electrical power outages, in excess of 48 hours. • What type of customer compensation program does the Resolution call for? The Resolution calls for a customer compensation program that expands beyond PG&E's two existing programs. Under the Resolution, the City of Rancho Palos Verdes would like to compel SCE to adopt a program based on PG&E's "Safety Net" and "Service Guarantee" programs, and also cover weather-related events and planned and unplanned service disruptions. • Do these programs really provide funds to residential customers? While the Resolution holds PG&E's programs in high esteem, after hearing from a number of city officials in PG&E's service territory, it seems that there is a great deal of skepticism around the effectiveness and utilization of their residential compensation programs. Is PG&E's program really working as described? • What about California's other Investor Owned Utilities (IOU) and municipal utilities? The Resolution is directed at SCE. However, the committee may want to consider the implications of the Resolution on the other investor owned utilities and municipal utilities. • Is legislation the best approach? The Resolution calls upon the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel SCE to create a program to automatically provide direct compensation to its customers affected by a prolonged electrical power outage. Given that the California Public Utilities Commission regulates all of the investor owned utilities, it may be more appropriate to seek a regulatory change rather than a legislative proposal. • More information to come. The Resolution could have broader implications beyond SCE and PG&E. Prior to the Environmental Quality Policy Committee and General Resolutions Committee meeting at Annual Conference, League staff will provide additional background information on the following: o Other IOU electrical power outage compensation programs. o Municipal utility electrical power outage compensation programs. o Role of the California Public Utilities Commission. Existing League Policy: In response to the energy crisis of 2001, the League of California Cities established extensive policy and guiding principles related to the electric industry. However, there is no existing policy that pertains to prolonged power outages or compensating customers for damages incurred during a prolonged power outage. 23 LETTERS OF CONCURRENCE Resolution No. 2 Overconcentration of Alcohol & Drug Treatment Facilities -Service Builds Tomorrow's Progress - July 15, 2015 THE CITY OF ARTESIA, CALIFORNIA President Stephany A.guilar League of California Cities 1400 K Street Suite 400 Sacramento, CA 95814 Fax: (916) 658-8240 18747 CLARKDALE AVENUE, ARTESIA, CALIFORNIA 90701 Telephone 562 / 865-6262 FAX 562 / 865-6240 Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIALNEIGHBORHOODS Dear President Aguilar, I, Mayor Pro Tem Victor Manalo, City of Artesia wish to support the League of California Cities resolution for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods to be adopted on October 2, 2015 at the Annual League of California Cities Conference in San Jose, California. In the interest of continuing local control, land use and planning and home rule, we believe the Governor and Legislature should respect the individuals' legal rights. The California Fair Employment and Housing Act includes legal protection against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law; and the Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods or the overconcentration of these facilities as there is for residential group home facilities. 7-7 y wrt ef ti 41 G 'r�!r ..... r---. IT (;,----,i. 11" 7,,,- „..-,,...., ..,,._,,i .-,.....A- 1,;--s•L ',..,::,..,, -,,._,, Sixteen Honoaeto Huntington: DRioe, C7utir2te, C=aLi4orznia P1010-2:1'99. TFi 6 9c -3 '7-7P3 FAX 6 96- 7}"."13-001E,3 wtvw_acccssauarete.Corri July 22 2015 Stephany Aguilar. President League of California Cities 1400 I~ Street, Suite 400 Sacramento. CA 95814 Fax: (916) 658-8240 Merivtra T eiteLPai an-Ca,acci Ahyn�re pour Ter: Saratrel Karig CocnxiLYaCr..rb4.�s JO4Zr2 raear2a Maa aact E7;ntox LIZ Rellty city ra,noo3Q r) 7VQeLt Geot r_ Re: A Resolution of the League of California Cities calling for legislation to preserve therapeutic environments for group homes, and avoid impacts of overconcention of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods The City of Duarte wishes to support the League of California Cities' resolution for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentraiion of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods, to be adopted on October 2.2015, at the Annual League of California Cities Conference in San Jose. California. In the interest of continuing local control, land use and planning, and home rule, we believe the Governor and Legislature should respect the individuals' legal rights. The California Fair Em- ployment and Housing Act includes legal protecon against discrimination against persons with disabilities through zoning Laws, denials of use permits, and other actions authorized under the Planning and Zoning Law_ The Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods, or the overconcentration of these facilities, as there is for residential group home facilities, This resolutionrespect ally points out that community concern could be addressed if State agencies communicated and collaborated more with local government. Thank you in advance for considering, supporting, and adopting the resolution at the annual conference on October 2, 2015_ Sin e1yy`—e ir- } f TZei'tcl Paras-Caracci Mayor d.-13rearno eep Ari6t s Drearzte Rancho Ric Pt.iva irr .'.verse 11.nr'mb (',,.Hc T,1?etre,' July 21, 2015 President Stephany Aguilar League of California Cities 1400 K Street Suite 400 Sacramento, California 95814 _. 1-\1:1.7 1r 1f-1t'(1i1 Jtlr W.x.l iJ cmr J .J 11a1,1 11nil.rt. CAVUi1TA knlr, Re: Resolution for Legislation to Preserve Therapeutic Euvironwents for Group l lomes and Avoid impacts of Overconcentration of Alcohol and Drug Abuse Recovery and Treatment Facilities in Residential Neighborhoods Dear President Aguilar: The City of Lakewood supports the League of California Cities' resolution for legislation to preserve therapeutic environments for group homes and avoid impacts of overconccntration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods_ We support that this resolution be adopted at the Annual League of California Cities Conference on October 2, 2015 in San Jose, California. .ia Hvl,_,, 1}nr..lrr Lakewood recognizes that residential group home facilities provide valuable services for those who live in them. However, we also rceogni7,c that these facilities often generate more noise and activity than expected from a traditional single-family home, and that overconcentration of these homes can change the character of the neighborhoods where they are situated. Ovcrconcc-ntraticm can occur because state agencies that oversee th a homes have different siting standards (facilities licensed by the state Department of Social Services require a 300 foot separation between facilities, but those facilities licensed by other state agencies, such as the Department of Alcohol and Drugs Programs, do not have such a requirement). This resolution will seek to address, via legislation, overconccntration of alcohol and drug treatment prevention facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities. Thank you for your consideration. support and adoption of this important resolution at the League Annual Conference. Sincerely If.f‘() Jeff' Rood Manor Lakewood ' 5f) Avi'r.ue. lakcv.nad.. CA\'1i)' 12 • (562} S66 i1171 • 1=z., (5,G2} 8CS545Ci • v...,,:u.lal_-A•c..klty.orr • Lllri1. Stn'iccl(il fakcrvntvlcity.ori CITY i3OLFNYCIL HENRY SANCHE'.Z IR. JIM CA7J LE MICHAEL fig. SAVIDAN �3EN TRAINA t i pW A.R ONEK July 23. 2_015 President Stepllany Aguilar League of Cafornia Cities 1404 i£ Street suite 400 Sacramento, CA95814 rem: (910558-8240 CIYr OF LOMITA ADMINISTRATION. MICHAEL ROCK CITY SdAN.4GER RE: A RESOLUTION OF 11-E LEAGUE OF CALA ORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP FIOMES MD AVOID IMPACTS OF OVERCON{ ERTRAlON OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT EA USHES IN RESIDENTIAL NEIGHBORHOODS [fir president Aguilar. I, Mayor Henry Sanchez, Jr., 'City trt Lomita, wish to support the Lague of Ca!if Imre Cites. resolution for legislation to preserve therapeutic thvirOrimentS irOrgroup homes stud avoid impacts of overcot, rtralion of moons[ and drug abuse recovery and treatment facilities in residential n.igihhorhaods Lc #xa adapted on Odober2, 2015 at Ow. A,nnua[ Lee a of California Cities Conrerenoe in San Jose. California In #ttie interest of continuing ioCal conlnat. land use and planning and home rule, we beNeve the Governor and Legislature should respoot the individuals' legal rights. The California Fair Err plbyment and Housing Act includes legal proteotion against discrimination against persons with disabilities through zoning laws, denials of use permits, and Ater aolions authorized under the Planning eras Zoning Law, and the Arneric rrs with CisabOitid Act requires public entities to make reasonable eocommod bowls in ixklicies, prates, or procedure's b avoid discrimination on the basis of a disability_ lyre is no prion in Stein law that allow for the consideration of the impact of sl0Oholisrtn or drug abuse Moovery or treatment feiciities on single-family ritt,ighberrheads or the overconcentration of these faccilities -as there s for residential group home facititin.. Trus mokftion respectfully paints out that community concern cid b4 addressed if state agencies communicated and collaborated more with local governrrncrt Thank you in advance for cortskieritig, supporting and adopting the resolution at the annual conference on October 2, 2015. SiiVer #yr. Henry n Jr_ Mayor, City of Lomita co Ke ii Lofing, Oalifornia Contract Cities Assr cietior', k+ lli rtitrfrrttiti€+�y_arg C!TY HALL OFFLCES -P.O. BOX 339 24300 NAPBONI E AVENUE_ LOMITA • CAL[FORNIA 90417 010)325.7L10`f (10):I4.4021• www.lomita.cc.mhityh;)1 July 15, 2015 City of Pico Rivera OFFICE OF THE CITY COUNCIL 6615 Passons Boulevard • Pico Rivera, California 90660 (562) 801-4371 web: www.piro-rivera.org • e-mail: $pcnIr@p:co-rivera.ar& Stephany Aguilar, President League of California Cities 1400 K Street Suite 400 Sacramento, CA 95814 Fax: (916) 658-8240 GREGORY SALCIDO Mayor Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS Dear President Aguilar, I, Gregory Salcido, Mayor of the City of Pico Rivera wish to support the League of California Cities resolution for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods to be adopted on October 2, 2015 at the Annual League of California Cities Conference in San Jose, California. In the interest of continuing local control, land use and planning and home rule, we believe the Governor and Legislature should respect the individuals' legal rights. The California Fair Employment and Housing Act includes legal protection against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law; and the Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single- family neighborhoods or the overconcentration of these facilities as there is for residential group home facilities. LETTERS OF CONCURRENCE Resolution No. 3 Residential Rentals, Support for SB 593 (McGuire) CALIFORNIA %, tZ. ' .. SINCE1867 July 29, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 CITY OF HEALDSBURG ADMINISTRATION 401 Grove Street Healdsburg, CA 95448-4723 Phone: (707) 431-3317 Fax: (707)431-3321 Visit us at www.ci.healdsburg.ca.us RE: RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES Dear President Aguilar: The City of Healdsburg supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Healdsburg believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. For these reasons, the City of Healdsburg supports the League's Resolution.. Sincere S . McCaffery, Mayor City of Healdsburg cc: Meg Desmond, League of California Cities, mdesmond@cacities.org John Leonard, City of West Hollywood, jleonard@weho.org CALIFORNIA Mammoth Lakes Town Council P.O. Box 1609, Mammoth Lakes, CA, 93546 (760) 934-8989 www.townofmammothlakes.ca.gov July 30, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 RE: LETTER IN SUPPORT OF A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) Dear President Aguilar: The Town of Mammoth Lakes supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The Town of Mammoth Lakes is a small, rural community in the Eastern Sierra Region of about 8,000 full-time residents. Mammoth Lakes is a tourist destination, servicing hundreds of thousands of visitors each year. We are geographically isolated from populated areas by several hundred miles and are supported by our one primary industry — tourism. The League's proposed resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, and decrease available housing stock. In Mammoth Lakes, with a limited police force that is not staffed 24 -hours a day and a code enforcement staff of one, enforcement of these types of issues can be very challenging. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all transient rentals should be subject to the same tax. The revenues generated support local services, including but not limited to, public safety, snow removal, maintenance of public parks and facilities, road maintenance, and recreation programs, which directly affect local quality of life and the attraction of the community for a visitor. This proposal will make it much easier for communities such as Mammoth Lakes that depend on revenue from TOT to enforce existing rules and regulations and collect TOT as specified in our Municipal Code. Mammoth Lakes relies heavily on TOT collection to operate the Town government; nearly 65% of the Town's operating budget is funded by the collection of TOT. CITYAPA OF N MAYOR AND CITY COUNCIL July 27, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 Dear President Aguilar: RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES The City of Napa supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. The City of Napa's zoning ordinance defines a "Rental Housing Shortage" as a vacancy rate Tess than 5%. A vacancy rate of less than 2% is defined as "Severe". We are currently at severe levels. The City's vacancy rates have continued to decline from 4% in 2009 to less than 2% today. Our Housing Element recognizes the issue of rising housing costs in Napa and its impact on the goal of maintaining Napa's quality of life by balancing the availability of housing with other environmental considerations. Maintaining and protecting our housing stock is of utmost importance to the City of Napa. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Napa believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations CITY OF PIEDMONT CALIFORNIA July 30, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CI1.ES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES Dear President Aguilar. The City of Piedmont supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging !`shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Piedmont believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and 120 VISTA AVENUE / PIEDMONT / CALIFORNIA 94611 / 510: 420-3040 CITY O F SANTACRUz MAYOR AND CITY COUNCJL 809 Center Street, Room 10, Santa Cruz, CA 95060 • (831) 420-5020 • Fax: (831) 420-5011 • eitycouneil@cityofsantaeruz.com July 27, 2015 Ms. Stephany Aguilar, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (McGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES Dear President Aguilar: As Mayor of the City of Santa Cruz, I am writing in support of the proposed resolution related to the Thriving Communities and Sharing Economy Act and concur in the submission of the resolution for consideration by the League of California Cities (LOCC) General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy." The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. Such rental situations may create additional noise, traffic, parking, and privacy and public safety issues; subvert local rent control laws; decrease available housing stock; and, in some cases, turn residential neighborhoods into de facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated Transient Occupancy Tax (TOT) should also be collected. These units are in direct competition with hotels, motels, and other accommodations where guests pay the local TOT, so all such uses should be subject City of Sancta N1Iourace July 24, 2015 Mayor Kevin McKeovun Mayor Pro Tempore Tony Vazquez Councilmembers Gleam Davis Sue Himmelricii Pam O'Connor Terry O'Day Ted Winterer Stephany Aguilar, President League of California Cities 1400 I< Street Sacramento, CA 95814 Dear President Aguilar: RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES The City of Santa Monica supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Santa Monica believes 5B 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. In Santa Monica, a city of just over 90,000 residents, passage of S8 593 in concurrence with our local ordinance, will generate estimated annual revenues of approximately $138,500 in Transient Occupancy Tax arid would return approximately 1,000 units to the housing market. For these reasons, the City of Santa Monica supports the City's Resolution. Sincerely, Kevin McKeown Mayor cc: Meg Desmond, League of California Cities, mclesmond@cacities.org John Leonard, City of West Hollywood, jleonard(tiweho,org 1685 Main Street o PO Box 2200 a Santa Monica o CA 90407-2200 tel: 310 458-8201 0 fax: 310 458-1621 o e-mail; council@smgov.net Citp of 'onoiiia No. 1 The Plaza Sonoma California 95476-6690 Phone (707) 938-3681 Fax (707) 938-8775 E -Mail: cityhall@sonomacity.org July 27, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 Dear President Aguilar: RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES The City of Sonoma supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de - facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Sonoma believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. The City of Sonoma is a tourist destination and the proliferation of vacation rentals is a top priority for City staff. The workload in monitoring and attempting to ensure compliance with local LETTERS OF CONCURRENCE Resolution No. 4 Compensation for Prolonged Electrical Power Outages July 30, 2015 eerv 0# qeirmada Fead Stephany Aguilar, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 Dear President Aguilar: Civic Center, 1315 Valley Drive, Hermosa Beach, CA 9/32543885 The City of Hermosa Beach supports the City of Rancho Palos Verdes' effort to submit a resolution for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose. The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within SCE's service area. Among the populations that are most at risk as a result of outages are: • Customers with physical challenges who rely on a constant source of power for medical devices; • Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and, • Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its customers in the event of prolonged power outages for a variety of causes, including severe weather and other planned and unplanned outages. Rebates are provided automatically to PG&E's customers without filing a claim, which we believe demonstrates that such a program is feasible for SCE as well. As a member of the League, our city values the policy development opportunity provided by the Annual Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel free to contact Andrew Brozyna at (310) 318-0238 or abrozyna(a�hermosabch.orq if you have any questions. Sincerely, Tom Bakaly City Manager 4It„,ypS ,VEAL'S r. co2 INCORPORATED 1939 ° LJFORIO July 29, 2015 CITY OF akiprotte4 CZtatta OFFICE OF THE MAYOR Stephany Aguilar, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 Dear President Aguilar: The City of Palos Verdes Estates supports the City of Rancho Palos Verdes' effort to submit a resolution for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose. The City of Rancho Palos Verdes' proposed resolution seeks to address the failure of Southern California Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within SCE's service area. Among the populations that are most at risk as a result of outages are: • Customers with physical challenges who rely on a constant source of power for medical devices; • Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and, • Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its customers in the event of prolonged power outages for a variety of causes, including severe weather and other planned and unplanned outages. Rebates are provided automatically to PG&E's customers without filing a claim, which we believe demonstrates that such a program is feasible for SCE as well. As a member of the League, our City values the policy development opportunity provided by the Annual Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel free to contact City Manager Anton Dahlerbruch at 310.378.0383 or adahlerbruch@pvestates.org if you have any questions. Sincerely, Mayor Enclosure: Rancho Palos Verdes Proposed League Resolution c: Palos Verdes Estates City Council Rancho Palos Verdes City Council Doug Willmore, Rancho Palos Verdes City Manager Jeff Kiernan, League of California Cities Regional Public Affairs Manager (via email) Post Office Box 1086, Palos Verdes Estates, California 90274-0283 340 Palos Verdes Drive West, Palos Verdes Estates, California 310-378-0383 JOHN C. ADDLEMAN Mayor STEVEN ZUCKERMAN Mayor Pro "kw; BRITT HUFF Coundl Member JUDY MITCHELL CouucilMcmber FRANK ZERUNYAN Council Member DOUGLAS R. PRICHARD City Manager July 29, 2015 Stephany Aguilar, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 CITY OF ROLLING HILLS ESTATES 4045 PALOS VERDES DRIVE NORTH • ROLLING HILLS ESTATES, CA 90274 TELEPI-TONE 310377.1577 FAX 310.377.4468 www.ci.Rolling-Hills-Estatcs.ca.us Dear President Aguilar: As Mayor of the City of Rolling Hills Estates, I support the City of Rancho Palos Verdes' effort to submit a resolution for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose. The proposed resolution seeks to require reasonable compensation to Southern California Edison (SCE) customers for losses incurred due to prolonged service disruptions which jeopardize the safety, health and general welfare of the communities within SCE's service area. Among the populations that are most at risk as a result of these outages are: •Customers with physical challenges who rely on a constant source of power for medical devices; •Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and •Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. I urge the League to place this matter before the General Assembly for consideration. Please feel free to contact me if you have any questions. Sin; erely, A/1, - C. Addleman or JCA:hn