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HomeMy WebLinkAboutTC Digest 2015-10-16 TOWN COUNCIL WEEKLY DIGEST Two Weeks: Oct. 5-16, 2015 TIBURON Correspondence, Notices and other Information 1. Packet-STVR-Emails/Letters/Articles-43 pages (2-sided) 2. Letter-Oct. 1 -USPS: Invitation to new Postmaster installation 3. Email- Oct. 4 - Fitbit Tiburon Race: Thank you to Tiburon 4. Notice-Notice-Ark/Oct. 14 & 21: Nominees for Public Office Agenda, Minutes 1. Cancellation-Oct. 14-Regular Tiburon Planning Commission meeting 2. Agenda-Oct. 15-Tiburon Design Review REGIONAL NOTICES AND AGENDAS Agenda, Minutes 1. Agenda-Oct. 12-Belvedere City Council 2. Public Hearing-Oct. 13 -Town of Corte Madera: 1441 Casa Buena Townhome 3. Agenda-Oct. 14-Tiburon Fire District 4. Agenda-Oct. 15 -Sanitary 5 5. Agenda-Oct. 19-Tiburon/Belvedere Library 6. Public Forum-Nov. 4-Romberg Center: Sea Star Epidemic Dan Watrous M " From: Peggy Curran Sent: Monday, October 05, 2015 8:59 AM tf To: Scott Anderson; Dan Watrous ffi EST Subject: FW: STVRs in Tiburon Attachments: AirBnB-Final.pdf; AirbnbExpertPlaybook5_28_15.pdf -�- FYI Ntargamt A. (Peggy) Curran Town Manager, Town of Tiburon 1565 Tiburon Boulevard Tiburon CA 94920 1 415 435.7353 .. .................. ..... . From: Colin Crawford [mailto•colincrawford(a)amail.com] Sent: Saturday, October 03, 2015 10:59 PM To: frankastandingstonegroup com; Councilmember Alice Fredericks; Peggy Curran Ce: Colin Crawford; Vice Mayor Erin Tollini Subject: STVRs in Tiburon Looking forward to the discussion on how to best manage and regulate STVRs in Tiburon on Tues Oct 13th. I've been continuing to research this issue and came across a couple of reports - the first is from http:Hwwwlaane.ora and was produced in March 2015 and covers the LA area in particular but is extremely comprehensive - it's not entirely anti STVRs but it calls for better regulation and compliance. I Dan Watrous From: Diane Crane lacopi Sent: Monday, October 05, 2015 4:43 PM To: Dan Watrous Subject: FW: CA city leaders unite behind McGuire's online vacation rental legislation Alice just sent me this... Alice Fredericks Begin forwarded message: From: "Mills, Carole" <Carole.Mills(a`sen.ca.eov> Bate: October 5, 2015 at 9:32:51 AM PDT To: "Alice Fredericks (alice0alicefredericks.net)" <aliceCut.alicefredericks.net> Subject: FW: CA city leaders unite behind McGuire's online vacation rental legislation FYI —Penalties are stale enforced and escalate in monetary cost to the vacation rental businesses who list vacation rentals in cities/towns where local ordinances have made vacation rentals illegal. (See below) Carole Mills, District Representative Senator Mike McGuire Carole.M i l l s!2 sen.ca.gov 415-479-6612 ...._......... From: Lindecker, Kerrie Sent: Friday, October 02, 2015 3:20 PM To: Lindecker, Kerrie Subject: CA city leaders unite behind McGuire's online vacation rental legislation r -3 M D [ A R E fp E {&q yv.+�y pyre For Immediate Release:October 2,2015 Contact:Kerrie Lindecker, or(707) 319-3654 1 City leaders from throughout California throw support behind Senator McGuire's online vacation rental legislation Today's vote urges all cities across the state to take action in support of SB 593 for the 2016 legislative session San Jose, CA—Momentum for a bill that creates a simple solution to a growing challenge—communities being overwhelmed by issues related to online vacation rentals—is already building for 2016 within just weeks of the 2015 legislative session endiing.Today,at its annual conference,the League of California Cities—the leading advocate for cities all throughout the Golden State—formally added their endorsement for SB 593 to its 2016 legislative platform. "Home sharing helps countless Californians pay their bills and stay in their homes in the state they love,but the business of home sharing has evolved from its roots of couch-surfing.This is now a multi-billion dollar business run by giant corporations,"said Senator Mike McGuire(D-Healdsburg)."Our bill is simple,all it does is make online vacation rental businesses follow local laws just like the rest of us." Today's League of Cities vote solidifies that local governments are firmly behind Senator McGuire's proposal that would give cities and counties the information they need to collect tourist taxes due to them from online vacation rental businesses. "I am grateful to the hundreds of city leaders who took action today on this common sense solution that will put the share back in the sharing economy," Senator McGuire said. The premise of SB 593 is simple: it will reinforce local laws that are already on the books. Where vacation rentals are legal,the bill will assist local jurisdictions with the regulation and collection of tourist taxes.The legislation will take the burden of paying the tourist tax off of the homeowner and would require that online vacation rental platforms collect the tax at the time of checkout.This simple action will allow cities and counties to reinvest hundreds of millions of dollars into safer neighborhoods,good parks, strong public schools and smooth streets. Where vacation rentals are illegal by local ordinance,the bill would prohibit online vacation rental businesses from making a rental in that community. Currently,cities and counties have to fight individually with online vacation rental companies to obtain the information they need to enforce local laws and collect taxes on overnight stays.Online vacation rental businesses have been ignoring local laws for years and communities are bearing the bruit of the burden brought on by these mostly unregulated vacation rentals. West Hollywood Mayor Lindsey Horvath has been a strong advocate for the legislation and brought it forward to the full General Assembly of the League of California Cities today. "The City of West Hollywood,along with communities across the state,supports this bill because it is a practical solution that empowers local governments to make and enforce local decisions.SB 593 prevents a one-size-doesn't-fit-all solution from Sacramento." SB 593 also protects the confidentiality of vacation rental hosts and renters.The legislation mandates strict confidentiality of all rental information disclosed by online vacation rental businesses by excluding all related data from the California Public Records Act.This is the same confidentiality procedure hundreds of cities and counties have with the lodging industry across the state.Additionally,cities and counties will have the ability to opt-in to the state law in order to participate. "We appreciate Senator McGuire's efforts to advance SB 593.This legislation is designed to support existing city and county efforts to address land use and other issues that arise from the temporary rental of residential units,and collect the applicable transient occupancy,taxes to support important local services,"said League of California Cities President and Rancho Cucamonga Mayor L. Dennis Michael. Other supporters include: California Police Chiefs Association,California Professional Firefighters,California Alliance of Retired Americans(900,000 members strong)California State Association of Counties(representing all 58 California counties),The Rural County Representatives of California(representing rural California counties), 2 Dan Watrous From: Elizabeth Selig [elizabethselig@sbcglobal.net] Sent: Wednesday, October 07, 2015 9:34 AM To: Patricia Seyler Cc: Dan Watrous; Councilmember Jim Fraser; Peggy Curran; Michael Cronin Subject: Re: Vacation rentals Dan, she is doing the same thing,i Thank you for enforcing the law regarding vacation rentals that is already in place. Please also send apre-citation letter to the owner of 45 Harbor Oak#12, 9 9 don'tremember her name,but I'm sure It's on record. Elizabeth Selig On Wednesday, October 7, 2015 8:46 AM, Patricia Sayler<pse Ier(a),tiburonpd org> wrote: Ms. Selig, Thank you for your patience as we work though this complicated issue. I know that the Town Manager and Town Council are working diligently to resolve the issue while being considerate of all different viewpoints. ............._.._... From: Elizabeth Selig [mailto elizabethselig(cDsbcgiobal.net] Sent: Tuesday, October 06, 2015 7:17 PM To: Patricia Seyler Cc: Dan Watrous; Councilmember Jim Fraser Subject: Vacation rentals Hello Ms. Seyler, Thank you for taking the time to meet with me yesterday, I know you and your fellow officers are extremely busy and I appreciate all the hard work you do for the community of Tiburon. I would like it to be put on the record that as a tax paying and law abiding citizen I feel strongly that the town of Tiburon should be held responsible to enforce the laws that are already in effect. I understand that there is some confusion as to how to handle the recent influx of short term vacation renters in Tiburon and that the town council is trying to decide how to regulate VRBO. I have no objection to a home owner having the right to rent his place while on vacation, as long as he has a permit and pays the daily hotel tax. But I am very bothered that this year 2 condo's in the building that I have lived in for the last 20 years have been sold to absentee owners with the sole intention of renting them out as vacation rentals full time, without permits,without the permission of the HOA and without notifying the rest of the building's owners. Living in a condo where we are in close proximity to our neighbors presents challenges as it is, but we develop relationships and a mutual respect for each other. With short term vacation renters that respect is not there. It is quite disturbing to me to have different neighbors every week, especially rude and cheeky renters that tell me that there is nothing that I can do because the town of Tiburon doesn't enforce the law. I have tried to contact Christian Lagerling, who purchased 45 Harbor Oak Drive#22 on more than one occasion, but my phone calls and emails are ignored. I did meet the owner of unit#12 while she was waiting for one of her renters to arrive, I forgot her name but she was nice enough to tell me that she had no idea that she needed to get a permit and pay a daily hotel tax. She also told me that she was waiting on the final decision from the town council, so she obviously knows the rules and is aware that she is"allowed" to break them. She continues to have short term renters. I went to Town Hall on two separate occasions and spoke with Daniel Watrous, Tiburon planning manager and not only was he not interested to listen to my concerns, he actually told me that if I didn't leave the building he would call the police and have me removed. As I previously stated, I am a tax paying law abiding citizen and I think I have the right to ask the town of Tiburon to uphold the laws that are in place. I do not appreciate being talked to in this manner by someone who is an employee of the town of Tiburon where I pay my taxes to pay his salary. I will take your advise and send a letter to the Marin IJ and the Tiburon Arc. Thank you again for your understanding. Respectfully, Elizabeth Selig 415 994 6906 1 Dan Watrous From: Terry Hennessy [terrysjewelry@comcast.net] Sent: Wednesday, October 07, 2015 3:09 PM To: Peggy Curran Cc: Cres Van Keulen; Ken James Subject: Short Term Rentals Dear Mayor Doyle and Councilmembers, As you consider whether to continue your ban on short term rentals, may I bring an issue to your attention. I have been a resident of the Point Tiburon Marsh Homeowners Association since 1997 and originally moved to Tiburon in 1967. Occasionally owners rent out their unit for a month or two while on vacation. This has never caused a problem. Earlier this year, a neighbor sold their unit to a couple who live in upstate New York. They moved in with furniture from another Marin apartment, and stayed about 3 weeks. Amidst rumors to the contrary, they assured their downstairs neighbor they would only rent the unit for six months and return to move in permanently. We have had at least 5 different sets of renters since they returned to upstate New York several months ago. The current tenant arrived with a U Haul truck, a car and a motorcycle. They are allowed one parking space. The Town doesn't have any enforcement mechanisms. This unit on Marsh Road is being rented through a real estate agent. Do you want the Town of Tiburon to be turned into an adversarial neighbors reporting on neighbors community? Unless neighbors complain, the Town is unaware of houses and apartments being rented out. There is no income to the Town. I've looked at the AirB&B website and they cautiously don't list addresses until you dig deeper into the site. Will you waste Town staff's time researching through multiple data bases looking for rentals? What's to prevent the Town from becoming a destination community? Investors will buy up condominiums for the sole purpose of turning them into a business. Why not - it's lucrative. Homeowners will then be penalized by endangering their ability to get mortgages when there are too many rentals in a condominium complex. Point Tiburon Marsh has already reached that threshold. Please uphold your original vote to ban these short term rentals. In the event, the original vote doesn't prevail, please consider mandating that the property being rented MUST BE OWNER OCCUPIED and only rented out a couple of times a year when the family is on vacation. Respectfully submitted, Terry Hennessy 7 Marsh Road Tiburon, CA 94920 i Diane Crane lacopi From: Peggy Curran Sent: Thursday, October 08, 2015 10:01 AM To: Dan Watrous; Diane Crane lacopi; Lea Stefam Subject: FW: Short Term Rentals FYI-Digest Margaret A. (Peggy)Curran Town Manager, Town of Tiburon 1505 Tiburon Boulevard Tiburon CA 94920 ( 415.435.7383 -----Original Message----- From:Terry Hennessy [mailto:terrvsiewelrypcomcast.netj Sent:Wednesday, October 07, 2015 3:09 PM To: Peggy Curran Cc:Cres Van Keulen; Ken James Subject: Short Term Rentals Dear Mayor Doyle and Councilmembers, As you consider whether to continue your ban on short term rentals, may I bring an issue to your attention. I have been a resident of the Point Tiburon Marsh Homeowners Association since 1987 and originally moved to Tiburon in 1967. Occasionally owners rent out their unit for a month or two while on vacation. This has never caused a problem. Earlier this year, a neighbor sold their unit to a couple who live in upstate New York. They moved in with furniture from another Marin apartment, and stayed about 3 weeks. Amidst rumors to the contrary, they assured their downstairs neighbor they would only rent the unit for six months and return to move in permanently. We have had at least 5 different sets of renters since they returned to upstate New York several months ago. The current tenant arrived with a U Haul truck, a car and a motorcycle. They are allowed one parking space. The Town doesn't have any enforcement mechanisms. This unit on Marsh Road is being rented through a real estate agent. Do you want the Town of Tiburon to be turned into an adversarial neighbors reporting on neighbors community? Unless neighbors complain,the Town is unaware of houses and apartments being rented out. There is no income to the Town. I've looked at the AirB&B website and they cautiously don't list addresses until you dig deeper into the site. Will you waste Town staff's time researching through multiple data bases looking for rentals? What's to prevent the Town from becoming a destination community? Investors will buy up condominiums for the sole purpose of turning them into a business. Why not-it's lucrative. Homeowners will then be penalized by endangering their ability to get mortgages when there are too many rentals in a condominium complex. Point Tiburon Marsh has already reached that threshold. Please uphold your original vote to ban these short term rentals. In the event,the original vote doesn't prevail, please consider mandating that the property being rented MUST BE OWNER OCCUPIED and only rented out a couple of times a year when the family is on vacation. Respectfully submitted, Terry Hennessy 7 Marsh Road t Tiburon, CA 94920 D @C0 "� � OCT 12 2015 10/8/15 PLANNING DIVISION Dear Tiburon Town Council Members, Regarding short term rentals, I appreciate that the Tiburon Town Council wants to keep current with trends, technology, and the share economy.There are good reasons for using social media, Nextdoor, and even Airbnb, at times. None of us should close our minds, or our doors, to these activities.That said, the Town Council also needs to review the flip side of these ventures; polls that are not what they purport to be, and, more importantly, a flow of cash and real estate ventures that favor investors. First, I would like to comment on the polling aspect: Nextdoor.com purports that 78% would favor it with some regulation. As you may recall from the September 2 Town Council meeting, the Nextdoor.com survey rankled me. I have worked in survey design for transportation studies since acquiring my PhD from Penn. When I read a poll, I ask who commissioned it, and was it done fairly? Nextdoor.com is not a random sample of the community: the people who subscribe to Nextdoor are younger, newer to the community, and more computer savvy than the average Tiburon resident. It is not representative of the community. Speaking of the community, I had the pleasure to know our resident survey expert, Mery Fields, before he passed away. I am a member of AAPOR,the American Association for Public Opinion Research and its Pacific Chapter. I doubt that the Field poll would have approved of how Nextdoor executed the online survey. One response required a (yes/no) about sharing your property (rights) and the second response was a (yes..under certain circumstances). You should know that after the Sept. 2 meeting,the"owner' of this online poll contacted me via email. He then surreptitiously changed the poll's wording. The poor execution of the poll and the wording changes suggest there is a serious, backroom effort to hijack public opinion. On a bigger scale, I hope the Town Council will ask who is pushing the agenda forward.Are they acting as single, highly engaged owners, or as a more organized cadre of interests? At the council meeting in September, it seemed that it was the engaged owners, seizing the moment. More than one speaker remarked an Airbnb rental would benefit their children by offsetting the costs of a family vacation abroad. I doubt that is the full story. I used to live in Los Angeles to the South, and it has become a popular Airbnb town. In the (attached) article from LAWeekly, note the proclivity of investors to purchase well-located rental stock, so that they can "turn-it-around" for Airbnb tenants. The Airbnb rentals are more profitable for landlords than standard fixed-term leases. Unfortunately, a steady stream of hotel-like visitors does damage to the neighborhood and community. It also drives up the cost of fixed-term rentals, a trend currently happening in San Francisco.Airbnb does have some benefits though- it fires up the residential sales market and the resulting tax-base. Airbnb rentals are a multi-faceted issue, and zoning, property rights, neighborhood cohesion, and real estate speculation all come into play. In closing, let me say that if the Town Council is serious about preserving the local community, it will scrutinize both the short term polls and long term residential impacts. Sincerely, Jane Gould, PhD 2040 Centro East info(@ianegould.com Encl: LA Weekly on Airbnb dated 2/22/15 Airbnb Is Infuriating the Neighbors.Is It Time for New Rules?I.- http://www,laweekly.com/news/airbnb-is-infuriating-the-ncighb... W AIRBNB IS INFURIATING THE NEIGHBORS. IS ITTII`V'IE FOR NEW RULES? BY STEVEN LEIGH MORRIS THURSDAY,JANUARY 22,2015 ( 9MONTHSAGO s � t f x� S {G� q�kayy q i Y Illustration by Fred Noland You're one of six college friends in, say, New York or even Nepal, and you want to visit Hollywood for a weekend.You can book a hotel for $75 to $350 a night, or you can seek an apartment or room in somebody's home via Roomorama,VRBO or the granddaddy of online short-term rental services,Airbnb. On Airbnb,you and your pals find a cozy,clean one-bedroom apartment in a 12-unit Franklin Village co-op — a complex owned mostly by on-site residents — for$150 per night.Welcome to the "sharing economy," represented by services such as Airbnb in the private home/room rental business. I of 5 10/8/15 8:34 PM Airbnb Is Infuriating the Neighbors.Is It Time for New Rules?I... http://www.laweekly.com/news/airbnb-is-infuriating-the-neighb... After your host, the apartment unit's owner, gives you the keys and a gate opener,you and your compatriots go drinking before rolling two rented minivans into your allocated space under the building. You drag your suitcases up the stairwell at 2 a.m.to be confronted by the irate homeowners association president.The neighbors are weary of tourists jarring them awake in a residential neighborhood. They're even madder at the host,for turning their homes into a hotel. The following morning,you're met with hostile glares -one neighbor, who lives next door, mutters that he was kept awake by the sound of the toilet being flushed all night by six occupants.Another screams at you to move the second minivan because it's blocking her car. Of course you didn't know that only one vehicle is allowed per space.You shrug.What difference does it make? You'll be gone tomorrow. This scenario is playing out from Silver Lake to Sherman Oaks,Hollywood to Venice,as the city of Los Angeles wrestles with how to regulate Airbnb and its brethren.According to the San Francisco-based company's records,Airbnb hosts collected$43.1 million in L.A. gross rents last year. Yet with notable exceptions, local zoning codes ban these rentals of fewer than 30 days in residential L.A.,for the reasons above and more.According to the Venice Neighborhood Council, almost all Airbnb rentals in residential L.A. are illegal. Yet hying to determine whether Airbnb is violating the zoning code on a particular property can be a byzantine task,thanks in part to L.A.'s impenetrable system of property zones layered with subzones and sub-subzones. And then there's the question of whether anyone among City Hall's 50,000 employees is tasked with the job at all. As L.A. city planning director Alan Bell explained,in a widely circulated email: "Short-term rentals are prohibited in agricultural zones;the R1 and other single-family residential zones;the R2, RD and R3 lower-density,multifamily residential zones; and RAS3 residential accessory service zone.Areas governed by specific plans, overlay zones and other specially zoned areas may have different rules." Good luck figuring out what's legal on your block,whether it's in Canoga Park,DTLA or Mar Vista. But let's try just one property,the Airbnb operating inside the Franklin Village co-op. City planner Katie Peterson guided L.A. Weeklythrough the city's public ZIMAS interactive map, at zimas.lacityo-g,which any member of the public with some patience can use. She discovered that the property is in a forbidden, RD zone. But it took Peterson, a zoning expert,the rest of an afternoon to research if there were any"specific plans" or"overlay zones"that would override that ban.There weren't. 2 of 5 10/8/15 8:34 PM Airbnb Is Infuriating the Neighbors.Is It Time for New Rules?I... http://www.laweekly.com/news/airbnb-is-infuriating-the-neighb... Mayor Eric Garcetti s response to L.A. residents upset by disruptive,Airbnb-style operations next door has been to create a "whistleblower" program.Violators are sent a warning from city treasurer Antoinette Christovale that they may be liable for hotel taxes, and to contact the Department of Finance,which sent out an unknown number of such warnings last year. It's an odd enforcement system, since officials depend on violators to turn themselves in, and Finance is trying to collect taxes on an activity that's probably illegal. An indignant resident also can try calling the Department of Building and Safety,which may or may not levy a fine. In a letter last year to the L.A. City Council, a group calling itself the Short-Term Rental Awareness Coalition warns that even Airbnb says the homegrown enterprise is being taken over by speculators tapping a Wild West housing market. That,in turn,is screwing up the overheated, overcrowded housing stock. As residents dish out $2,000 a month for a nothing apartment in most of L.A.these days, investors and developers are upping the ante.A 2014 study by UCLA determined that L.A. now is the most unaffordable city in the nation for renters,who pay a stiff 47 percent of their income for rent. But investors are buying certain well-located rental stock,then subleasing the homes or apartments to Airbnb tenants at more than the$2,000 or$3,000 a renter might pay. Owners in hot spots Venice and Silver Lake have evicted long-term tenants for probably illegal Airbnb hotel "conversions." People who never thought of being landlords are getting into the act. In a trendy mid-L.A.neighborhood, a retired couple whom L.A. Weekly agreed not to name has converted an enclosed garden into a mini-sanctuary for a couple of chickens, a miniature horse,two pot-bellied pigs, a couple of goats, sheep and a turtle. With the couple's knowledge of farming and their rigorous devotion to cleanliness,their tiny farm-in-the-city is odor-free — and alluring to Airbnb renters. Behind their horse stable,they've converted an outbuilding into a trio of rustic-style vacation rentals.Without the extra money they'd survive, but it's welcome. Their discreet "cottage industry" has drawn no neighbor complaints,though it's probably illegal.The one problem they've encountered was a con artist who cited a "squatters rights" law to announce that she was staying long-term— and rent-free. (It took an arduous eviction effort to force her out of their backyard.) At the Franklin Village co-op,board president Chris Danna says major problems recur with "one-nighters in town for a good time,and consideration for others just isn't a priority." He pleaded with one co-op owner to find more settled,long-term Airbnb visitors. Another fed-up neighbor finally reported her through Mayor Garcetti's whistleblower program. 3 of 5 10/8/15 834 PM Airbnb Is Infuriating the Neighbors.Is It Time for New Rules?I... http://www,laweekly.com/news/airbnb-is-infuriating-the-neighb... That,not surprisingly, did not work. Neither the Department of Finance nor Department of Building and Safety is prepared for all the landlords and building owners keen on turning residential neighborhoods into de facto business districts. Last year,the Franklin Village co-op board restricted renters to a minimum stay of 30 days.That made no difference.The renegade owner there simply says she's dealing with "guests," not "tenants." Airbnb has been lobbying municipal governments to allow motel-style overnighting rules on residential streets, and it won a sweeping victory in Portland, Oregon:The company now has unrestricted ability to arrange short-term rentals in Portland's single-family homes. Last August,the L.A. City Council unanimously approved a planning recommendation to study the pros and cons of the so-called sharing economy and its impact on the affordable housing stock. Policy changes may come as soon as this year. Monica Semus, an 86-year-old Hollywood Hills homeowner, says her neighbors in that community of winding streets and soaring views have died or have moved— and many of the survivors now rent out their places via Airbnb, "The whole neighborhood is now people who come and go every week or two.They're nice enough people," she says ruefully, "but I have no real neighbors anymore." Contact: Steven Leigh Morris Follow: L.A.Weekly L.A.Weekly Sponsor Content ©2075 LA Weekly,LP.All rights reserved. 4 of 5 10/8/15 8:34 PM Town of Tiburon Vacation Rentals / STVRs (Short-term vacation rentals) A Short-term Vacation Rental (STVR) is a residential property that is rented for less than 30 days. Sites used to facilitate STRs include airbnb, VRBO/Homeaway, F1ipKey, and Craigslist etc. Goals of AdHoc Committee Members - Frank Doyle, Alice Fredericks Other participants - approximately 25 members of the public representing different points of view on the issue (This is how the Ark reported the goals of the adhoc committee - but it would be good to confirm) A compromise that preserves residents' option of renting out their homes for short periods, several times a year while discouraging the proliferation of high-turnover units by absentee property owners. The initial proposal by the Town of Tiburon Planning Commission created a set of recommendations to allow STRs: 1. Change the term " seasonal rental unit" to " vacation rental." [or use ;1_e term short-term vacation rental (S VR)] 2. Require adequate on-site and/or off-site parking as a condition of approval. 3. Require a 7 -day minimum for any vacation rental. [why set a specific number-as already looking to reduce the activity by professional renters] 4. Do not allow permits to be issued for properties with commingled rights (common areas, pools, access, parking, etc.) with neighboring units, unless there is unanimous consent among property owners or there are written CC&Rs in the case of a Colin Crawford Memo October 11, 2015 condominium or townhouse complex. S.Require committee to submit an annual reporting statement to the Town. 6. Require courtesy notices to be sent by the Town to neighboring property owners prior to issuance of a vacation rental permit. [how are neighbors defined—within 1€14 feet, 300 feet?] 7. Increase fees and penalties to recover ongoing costs of enforcement. 8. Allow permits only for homes that are the " primary residence" of the property owner. [goal is to try and eliminate the commercial / professional renter] With the exception of Commissioner Kulik, the commissioners appeared generally in support of regulated STRs. Their initial approach covered a lot of the core issues, although with all the additional input that's been received, plus the recent analysis and actions of different CA jurisdictions it is suggested that a more comprehensive set of suggestions based on communfty input be submitted for further consideration. Town of Tiburon Planning Commission members: - Commissioner John Corcoran - Commissioner Lou Weller - Commissioner Erica Williams (Vice Chair) - Commissioner David Kulik (Chair) - Commissioner Jon Welner Data on current popularity of STVRs It is important to try and get some solid estimates of the number of units; the number of units, number of days units rented, average rental prices, occupancy levels both in total and by neighborhood to better understand the scale of the current STVRs. Colin Cra«vford Memo October 11, 2015 2 A quick review of the sites shows that the two main sites airbnb and Homeaway (which includes VRBO) each list around 50 -with significant overlap across the sites. Airbnb (showing 45-47 listings-not all maybe active http://bit.1yJ1Qj Vum http:.//bit.ly/1 FZDcjg Homeaway (approx. 50) http://bit.1y/1 GDCNa5 VRBO http://bit.1ti/1L6MIlf Flipkey 4 listings http://bit.ly/1 LIGcvj Craigslist No STVRs-only long-term rentals currently being listed This data shows the approximate scale of the STVR operations in Tiburon and can be use to estimate the economic benefit to the local merchants and the opportunity for TOT and permit revenues to the Town of Tiburon. This data could be requested from the STVR platforms for 2014 - as they had to provide 1099s to the IRS. However, indications are that the STVR platforms are reluctant to share any data on individual property rentals Examples: Based on an estimate of 100 units, renting an average of 25 per annum times at an average daily rate of$200 with a 10% TOT - income $50,000 Colin Crawford Memo October 11, 2015 3 Assuming an annual permit fee of$250 plus an application fee of$25 - on permits of 200 units - income estimates $27,500 Economic benefit to town - 2,500 days of unit rental assuming an average of 2 people per unit spending $100 on food, restaurants and other activities - spend in Town approximately $500,000 plus sales tax. The above are just ver, rough ough examples and can be fine tuned as more data is obtained. Obtaining information from the local Chamber of Commerce on the sentiment towards STVRs from local businesses and if they believe such visitors make a significant economic difference would be helpful. Application procedures and rules The goal is to draft a set of regulations that are clear, transparent, not over complex but enforceable. Regulations that gives property owners flexibility in renting out their property while protecting the rights of neighbors to the quiet enjoyment of their neighborhood. It is recognized that issues vary significantly by location and type of property Application / Permits Set non-refundable application fee of$xx [Maybe wative the fee for 00 days to encourage prompt registration] Annual permit fee of$xxx (simplified annual renewal required - if no complaints received. [Maybe waive the annual fee for those applying during first 0 days of the program to encourage registration] License / permit cannot be transferred on property sale Colin Crawford Memo October 11, 2015 4 Consider setting number of available licenses by neighborhoods? (High-density area issues to be considered, based on the neighborhood logistics) [Maybe too complex and unpractical - Condo complexes already regulated by CC&R and HOA regulations- higher density SFH areas such as Old Tiburon to rely on complaints procedure for enforcement] Provisions to notify nearby neighbors prior to approval of initial [May be overkill - do not want to give the neighbors a power of veto without cause if notification is to take place- how is a neighbor defined-within what distance?] Permits only to be issued for primary residences - investment properties to be excluded? [Need to define primary residences - is it necessary to exclude investment properties given the other proposed restrictions of total number of days etc.] Non standard residential units - houseboats, airstreams etc. to be included Recommend no limit on minimum days to - rather focus on the total number of days a unit can be rented in a year-such a restriction will discourage professional / commercial activity. Set number of days a unit can be rented in total in a year to be set (90- 150 days). [To be a reasonable number, but One that discourages full time STVR activity by commercial entities] Ban on STVRs where common shared areas, pools access, parking etc.) Unless unanimous consent ['issues around Condos are more complex but should be covered by CC&R and IIOA rules] Colin Crawford Memo October 11, 2015 5 Ban on parties, weddings, events and commercial activities Limit on number of guests based on available accommodation (2 per bed maximum - number to be stated as part of allocation process. Set maximum number of"guest" per property - definition of guests to include "visitors" to prevent abuse?) Should property owners to use best efforts to obtain information on all guests. [Hard to enforce and may be impractical but offers property owners some protection - maybe enough to focus on the primary renter.] Transient Occupancy Tax of 10% to be levied by STVR platforms or with the annual returns. Wherever possible to be automatically collected by the STVR platforms and remitted to the Town Fee structure and stiff penalties for violation to be established, including revoking permit if certain number of legitimate complains received [Enforcement policy- strong. medium or mild? Active enforcement or complaints based- three strikes rule?] Recommend:All STVRs to have proper instructions and guides covering: o On / off-site parking o Instructions for trash disposal o Fire precautions and other emergency procedures o Emergency evacuation procedures including traffic routes (earthquake and other disaster preparedness). Survival kits etc., o Town ordinances regarding noise, smoking etc. o Good neighbor conduct rules Colin Crawford Memo October 11, 2015 6 o Emergency contacts who are able to receive calls any time of day or night if owner not on property Recommend:All SVTR rentals to be encouraged to follow safety procedures o Smoke alarms, Carbon Monoxide monitors o Fire extinguishers o Medical Kits o Earthquake survival kits o Safety card, how to turn on/ off utilities etc. Renewal process o Fees and license to be paid o No outstanding ordinance issues or complaints o Insurance required? o Proof of TOT payments Colin Crawford Memo October 11, 2015 7 Enforcement procedures Enforcement is a major issue - whether a complete ban is in place or if there are a set of rules and permits for STVRs. The majority position favors properly developed and enforced regulations.. There will need to be a reasonable level of trust that property owners will correctly report their rental activity. (Reporting for Tiburon business licenses falls into a similar category.) The council has the opportunity to initiate a system of reasonable regulations, to review how it is working over a 1- 2 year period and adjust the rules as necessary. Rules to be fair, clear, reasonable, easy to access and enforceable Regulations should support the guiding principles of the town for quiet enjoyment of neighborhoods Not be overly onerous on the owners renting their properties Be cost effective for the Town of Tiburon to operate Must be firm on compliance and enforcement o Notices to be placed in the various Town of Tiburon communications channels noting permits for STVRs required o Educate all local realtors J brokers that permits are required so new owners are fully aware of the regulations o Option of inspection visits? o Complaint driven investigations Colin Crawford Memo October 11; 2015 8 o Violation fines or revocation of permits for neighborhood complaints (noise, trash, parking etc. where solid evidence provided - three strikes? o Fines for operating without a permit - potential lien on property? o Revocation of permit or a year suspension for non compliance o Property owners required to have adequate insurance and comply with and mortgage lender requirements o Town to carry-out periodic audits of STVR platform to identify violators Colin Crawford Memo October 11,2015 9 List of pros and cons for STRs Pros - STRs have been a feature of Tiburon's residential zones for many years without major incidents. A review of The Ark's police reports does not show incidents related to STVRs - much more likely to read about neighbor -on-neighbor disputes, loud J late parties etc. - Issue of STVRs is not going away- they are already occurring despite the current ordinances. Relying on neighborhood reporting and complaints is problematic. Clear rules on STVRs will remove this practice from the underground economy - Good, clear, enforceable regulations not a complete ban is the recommended way forward - There are potential economic benefits (see examples above) - attracting visitors to the town supporting local businesses - Enforcement can be covered by permit fees and transient tax - STVRs provide additional accommodations when local hotels are full - so visitors do not have to stay off the peninsula. - STRs can provide additional accommodation during a natural disaster such as an earthquake when people may be displaced from their permanent residents - STVRs can provide neighborhood accommodation for those not wishing to stay in commercial areas - STVRs allow property owners modest revenues streams for other activities. Especially for those retiring or on fixed incomes Colin Crawford Memo October 11, 2015. 10 STVRs can provide companionship for those looking to rent rooms in their properties STVR platforms have greatly improved reviews, ratings and security systems to protect all parties. There are extremely few issues being reported despite the high activity volume - 17 MM rentals in summer 2015 across airbnb alone. Cons There have been a number of issues raised by opponents of STRs. Inconsiderate actions impacting neighbors by property owners or renters should be dealt with and when appropriate, permits revoked. Key issues cited: - Community impact, changing the nature of the neighborhood - Neighbors are reluctant to report issues or unsure how to - Potential "commercialization" of the neighborhood with investment/ business properties - Quiet enjoyment of the neighborhood can be impacted and disrupted by STRs o Parking / traffic congestion issues are major issues in certain neighborhoods o Perceived crime and security issues - (although many other services bring strangers into the neighborhood). o Noise issues due to additional visitors Colin Crawford Memo October 11, 2015 11 o Trash issues due to additional visitors (Should be noted that the quiet enjoyment of a neighborhood can be disrupted as much by other neighbors as by STVRs) - Impact on property values, possible disclosures on sale if STVRs operated nearby? - Reduced inventory for rentals and may drive out long-term renters Colin Cravdord Memo October 11, 2015 12 Benefits of booking via STVR hosting-platforms - Trust and reputation - Reviews and recommendations - Low service charge 3% (6-12% to renter) - Platform collects money Platform has details of property owners and renters Insurance coverage (but limited and requires claims first on host policy) _ Platforms can automatically collect hotel, transient taxes Colin Crawford Menlo October 11, 2015 13 MILLVALLEY STAFF REPORT TO: Mayor and City Council FROM: Danielle Staude, Senior Planned Lisa Newman,Senior Planner{ " P VIA: Vin Smith, Director of Planning and Building SUBJECT: Procedures for Regulating"Short-Term"Rentals DATE: August 3, 2015 Approved for Forwarding: - arn sC.Mccann,City Manager 1 2 RECOMMENDATION- 3 Receive the staff presentation and comment on proposed procedures. 4 5 BACKGROUND: 6 At the July 6, 2015 hearing, Council held a public hearing and provided direction to staff 7 regarding a limited approach to regulating short-term rentals. The staff report can be 8 accessed on the City's website(see"online resources"below). 9 10 In summary, the Council's preferred approach was to create a low-key, simple 11 registration process that would be low-cost and straightforward in order to encourage the 12 estimated hundreds of short-term rental hosts to register with the Planning Department, 13 obtain a Business License and remit Transient Occupancy Tax(TOT). Staff will monitor 14 this initial approach for a period of time and report back to Council on whether any 15 regulatory changes should be considered. 16 17 Staff has developed a Registration Form that includes a fee, terms of agreement and 18 provides information for short-term rental hosts about City ordinances and expectations 19 for"good neighbor"behavior(Attachment 1). 20 21 The community continues to express interest in the subject of short-term rentals. See 22 Attachment 2 for public comments received since July 6, 2015. 23 1 J August 3,2015 City Council Staff Report Procedures for Regulating Short-term Rentals 24 DISCUSSION. 25 As noted in the previous staff report, currently the City's Municipal Code is silent in 26 terms of a definition of"short-term"rentals and whether such a use is allowed,permitted 27 or prohibited in Single-Family Residential Districts. Staff has reviewed the Code and 28 considered the option to make changes to the Code(Sections 5.08, 5.28 and 20.16) to 29 define short-term rentals and clarify they are permitted uses within Single-family 30 Residential zones. However, as an initial approach and similar to many other Marin and 31 Bay Area jurisdictions,it seems appropriate to proceed with a simple registration process, 32 monitor the progress made with this approach and determine over time whether there is a 33 need to make adjustments to the Zoning Ordinance. 34 35 At present,staff does not have data to identify the range of housing types that are rented 36 on a short-term (less than 30 day)basis. It appears from vacation rental websites that the 37 full range of spaces are currently rented (i.e.,bedrooms, accessory structures, apartments 38 and entire houses). Presumably, these short-term rentals include multi-family as well as 39 single-family zoned properties. As discussed in the July 6, 2015 Staff Report,recent 40 policy discussions have indicated a concern about short-term rentals in multi-family 41 zones. Over time through the registration process, staff will collect information and have 42 better insight into how short-term rentals are or are not affecting long-term housing 43 opportunities in Mill Valley. 44 45 In coordination with Finance, staff has outlined a procedure to allow the Planning 46 Department to incorporate the Registration Form as part of the Business License approval 47 process. A new webpage has also been created under"Business Licenses"to allow 48 applicants/hosts to access the Registration Form and share information with their guests, 49 including relevant City regulations and additional visitor information, such as local 50 traffic, news and events. See t w—w.cit}_gfmillvallev org±rentals for more information. 51 52 Short-term Rental Registration Form (Attachment I1. The Registration Form has been 53 drafted that allows an applicant to select the type of short term rental, such as single- 54 family home, second unit,room and/or multi-family unit. (This form will be updated, 55 should regulations change in the Multi-Family Zoning District prohibiting short-term 56 rentals). Hotels, Motels and Inns are not required to complete the Registration Form 57 because such uses are managed through the Conditional Use Permit review and approval 58 process. 59 60 The Registration Form includes the following components: 61 ® Registration Fee. With Council direction to minimize cost in order to invite short- 62 term rental hosts to participate, a fee of$50 is recommended. 63 ® Required Conditions. Short-term rentals must be legally permitted and for 64 hosts/owners of a single-family residence with a second unit, one unit must be 65 occupied by the owner. 66 a Terms of Agreement(including Good Neighbor PolicieslPractices). The Form 67 requires annual renewal of Business License, Registration Form,payment of a 68 Registration Fee and TOT. In addition,the form requests that the host provide the 69 following to guests: 2 August 3,2015 City Council Staff Report Procedures for Regulating Short-term Rentals 70 o information about maximum occupancy 71 o the location of off-and on-street parking 72 o emergency contact information 73 o trash disposal 74 o the City's noise ordinance requirements; 75 • Violation of Terms. The form states that violation of the terms of agreement 76 would result in a 1-year loss of Business License subject to review and approval 77 of the Planning Director. 78 79 FISCAL IMPACT: 80 The potential cost for Staff time to administer and approve the Registration Form will be 81 monitored.The Registration Fee can be adjusted over time to address costs associated 82 with staff time and/or code enforcement issues. It is estimated that TOT revenue will 83 increase as a result of the proposed tracking and registration process. 84 85 SUMMARY AND RECOMMENDATION: 86 Staff recommends that the Council: 1) review and comment on the Short-term Rental 87 Registration Form and, 2) direct staff to incorporate the Registration Form as part of the 88 Business License approval process for"Living Accommodations". 89 90 NEXT STEPS 91 Staff will send out a Registration Package to all current Business License holders with 92 Living Accommodations (approximately 400), inviting them to register any short-term 93 rental units. Over the next six months, staff will monitor the registration process and any 94 code enforcement requirements associated with short-term rentals and provide an update 95 to Council in early 2016 on how well the registration process is working. At this time, 96 Council can further discuss modifying the registration process, fee or additional 97 regulations/restrictions. 98 99 Further outreach efforts may include: 1) contacting short-term rental platforms to inform 100 them of the City's Registration process; and 2) searching for active rental websites in 101 Mill Valley and providing hosts information about the City's Registration process. IN 103 ATTACHMENTS: 104 1. Short-Term Rental Registration Form 105 2. Public Comment Letters 106 107 108 109 ONLINE RESOURCES: 110 • July 6,2015 Staff Report: http //www.cityofimillvallev.or�tlndex.asox?pace=727 111 • July 20,2015 Marin U Editorial: 112 http:Pwww.marinii camfo�1507%fllmarin-ij-editorial-mill-vallev- 113 wrestles-with-unofficial-rentals 114 115 3 City of Mill Valley Planning Department Short-Te Rental MILL AUXY Registration Forte 26 Corte Madera Ave.,Mill Valley CA 94941 (415)388.4033 fnstraletians: This registration form must be submitted for all "living accommodation"business licenses (except hotels/motels/inns) that intend to provide short-term rentals to person(s) occupying space for less than 30 days. The applicant must complete the Registration Form, sign and commit to the Terms of Agreement established below, and submit the Registration Form and Fee to the City of Mill Valley Planning Department. Registration Fee: A short-term rental Registration Fee of$50.00 must be submitted to the City of Mill Valley Planning Department with this Registration Form.. Reguired Conditions to OuaUfv for a Short-Term Rental: L Rental space must be a legally permitted space. 2. In Single-Family Residential Zoning Districts, on lots that have a secondary unit,the primary and secondary residence may not be rented out concurrently, consistent with Municipal Code Section 20.90.030(L). 'Perms of kgreement: 1. A Business License,Registration Form and Registration Fee must be renewed annually. 2. A Transient Occupancy Tax Form must be submitted to the City and payment of monthly remittances,as required. 3. All short-term rental hosts shall provide a statement of the conditions which are applicable to the rental to each guest. The statement of conditions shall include: a. A maximum number of persons that may occupy the unit; b._A description of any available off-street parking and on-street parking that is appropriate for the neighborhood; c. An emergency contact person available to receive calls from the guest(s) at any time,day or night;s d. Instructions for trash disposal; and e. Information about the Mill Valley Noise Ordinance requirements and the importance of maintaining good neighbor relations by limiting noise. 4. Review and consider providing materials available on the City's website for guests: www.citvofinillvaliev.ortt rentals. (Materials include relevant City regulations such as the noise ordinance, emergency information and Chamber of Commerce visitor brochures). Violation of Tereus: In the event the host or his/her guests violate the terms and conditions of this Short-term Rental Registration, the Business License shall not be reissued and the short-term rental shall cease for at least one year following its expiration date,unless good cause is shown that would prevent future violations, subject to the approval of the Planning Director. ATTACHMENT 1:Draft Shari-term Renta!Reeistration Form ♦ rlrlrv� a PLEASE COMPLETE THE FOLLOWING: PLANNING STAFF REVIEW APN: I. Project Address: Zoning: Is this a renewal? Yes/No If yes,indicate any changes below and sign. File Fee: 2. Type of Rental Space Date Received: (Check all that apply and indicate number of units/rooms): Q Room in Single-Family home (#of rooms:—. ® Entire Single-family home ® 2"d Unit ® Multi-family unit 3. Occupancy: Maximum number of persons to occupy the space at one time (including children) 4. Parking: Number of off-street parking spaces available for use by guest(s) 5. Emergency Contact Information: Frame and contact information for responsible person (over the age of 18) in case of emergencies. Name: E-mail: Address: Phone Numbers: Primary #: Secondary#: ACKNOWLEDGEMENT &AGREEMENT TO TERMS AND CONDITIONS The applicant is responsible for the truth of all statements contained in this registration form. This form should not be signed unless the applicant has read it thoroughly andis certain of its truthfulness. I agree to comply with the Terms of Agreement and understand the consequences of violating these terms. rF--ATFPLICANTE(PLEASE PRINT) OWNER NAME(PLEASE PRINT} NATURE OWNFRSIGNATURE URE DATE OF SIGNATURE SS MAILING ADDRESS PHONE E,52ASL RETURN THIS FORM TO: Planning &Building Department,26 Corte Madera Avenue,Mill Valley,CA 94941. For questions,please call(415) 388-4033. ATTACHMENT 1: Draft Short-term Rental Reeistration Farm New Worry for Home Buyers: A Party House Next Door- The New York Times Page 1 of 5 Yi fi+ Y hi Ghee Xekv flork Cl s http:f/nyti.ms/ljhQQwn YOUR MONEY New carry for HomeBuyers: A Party House ext oor OCT.q,2oi5 Your Money By RON LIEBER AUSTIN, TEX. —The houses are often among the nicest on the block, or at least the biggest. They may be new construction where a smaller structure once stood, or an extensively renovated home with cheery paint in shades of yellow or blue. But then the telltale signs appear, including an electronic touch pad on the door that makes it easy for people to get in without a key. The ads on HomeAway or Airbnb eventually confirm it: A party house has come to the neighborhood. Some neighbors have warmed in recent years to travelers dragging suitcases through their residential neighborhoods, and they are happy that the'visitors spread their money around. But when profit-seeking entrepreneurs furnish homes they do not live in to make them attractive to big groups and then rent out those houses as much as possible, parties and noise are nearly inevitable. And so it goes here in Austin,where a group of enraged and occasionally sleepless residents have taken their complaints to the city. Austin made rules in 2012 „,,f;n,ac rn,,,/?nt S/t n/i n/vrmr-nionev/new-worry-for-home-buyers-a-party-house-ne... 10/12/2015 New Worry for Home Buyers: A Party House Next Door- The New York Times Page 2 of 5 that were meant to keep short-term rentals under control, but the neighbors argue that many of the rules are unenforceable. 'Mis week, I rented one of the most notorious party houses in Austin and invited some of the neighbors over for a chat to ask a few questions. Where do the rights of property oNvners to rent out their homes end, and where do those of quiet-loving neighbors begin? Do all home shoppers now need to be on the lookout for nearby problem properties? And if so, what might happen to home values when revelers can bunk up next door on any given night? These are not new questions. In resort areas in particular, people have been renting out investment properties for ages. What's new is how easy it has become for people to make money=by listing rooms or homes and for visitors to save money by staying there. This is particularly true in good-time destinations like Austin, Nashville, New Orleans and other bigger cities. When Austin tried to bring some order to the proceedings three years ago,it limited the number of unrelated people who could stay in one place at one time to six. (It also capped the number of certain listings in many neighborhoods, albeit with a loophole that has allowed many unregistered properties to hit the market.) Nevertheless, listings began appearing all over the city advertising beds for 10 or 15 people, or more. Austin has become a popular bachelor party destination, and the website Thrillist described one Airbnb listing as "the perfect place to bed down for a bonkers bachelor party, as it's a short bike ride from downtown,just the right blend of weird &huge, and not at all unaccustomed to rowdy entertainment." Emmy Jodoin lives next door to that house with her family. "It is loud, and there is live music and karaoke stuff, and it's all done outside because of the pool," she said. "They're out in front at 4 in the afternoon waiting for their Uber to come, drunk on the front lawn." Homeowners had other complaints about guests, including trash bins overflowing with beer cans, public urination, catcalling, foul language, racist remarks, companies throwing events and the appearance of a rainbow-colored painted pony. "Sometimes, when they are outside, they're playing beer pong just wearing their n/i n/,rn„r_mnnev/nr u- n+nr v-for-home-hovers-a-party-house-ne... 10/12/2015 New Worry for Home Buyers: A Party House Next Door- The New York Times Page 3 of 5 underwear," said. Hazel Oldt, age 11, who can see them next door from the third-floor rooftop garden of her house. Many of the complaints result when there are well over six people staying at these houses. So how do owners get away with renting to more people than city rules allow? "Determining how many are occupying versus just visiting is almost impossible," Carl Smart, who is the director of Austin's code department, said, ehuckling as he did so. What was so funny? Had some of the guests been coached to say that they were related? "I think so," he said. "There is no way for us to disprove or to prove it. We could ask them to,but they don't have to, so we have to take their word for it." KVUE, a local television station, tagged along with code enforcement officers who heard from guests at one house that there were triplets inside and that someone else was related to a fifth guest by marriage. The neighbors would prefer that the city simply cap guests at six people — or, better yet, stop allowing v,,hat they describe as rogue hotels to operate in residential neighborhoods. (They have no problem N,\pith people renting out their entire homes occasionally or renting rooms more frequently, while the owners themselves are in residence.) At HomeAway, which is based in Austin and also owns Vrbo.com, executives did not want a ban and. said that renting out one's home on a short-term basis was a fundamental right. Nor do they think that it is a commercial activity. "It's a residential use of the property," said. Matt Curtis,who runs its governmental relations efforts. "It's no more a business than someone renting it out long-term would be a business." Even if no one, in this instance, is doing any actual residing? HomeAway's contention is that the visitors coming for the weekend are the residents in this context. Mr. Curtis questioned how widespread the problem was. Airbnb provided some statistics about its customers, noting that from Oct. 1, 2014, to Oct. 1 this year, 87 percent of trips to Austin involved four or fewer people and 97 percent involved eight or fewer. The average age of Airbnb guests in Austin is 36. According to the research 7,+«...N...., .....e:— ,. _/InIenn/rnr.,n..._mnnnx./+�nxx,_xxrn�-rv_fnr_hnnio_hnvrrc_aa�artt�_��rnice-na 1n/i 91mis New Worry for Home Buyers: A Party House Next Door- The New York Times Page 4 of 5 company Airdna, of the 1414 Airbnb listings in Austin as of Aug. 31 Kith three or more bedrooms, 33 offer lodging for four or more people per bedroom while 618 sleep over two per bedroom. Airbnb offers a hotline for neighbors having problems with hosts anywhere it operates and is building tools that will try to recognize parties before they happen, say wben someone books a large house and that listing is immediately viewed by many other site visitors. Since October 2012,Austin has received 266 complaints about the type of registered properties where the homeowner is generally not present. Twenty percent of the properties have at least one complaint, with an average of 2.4 complaints among those. Seventeen percent of the complaints were about over-occupancy. The house where I stayed has received 15 complaints, and the city has suspended its license once. The walls have "Dumb and Dumber" and "Anchorman" movie posters, and the three bedrooms are full of bunk beds and firtons. "Our neighbors understand that your group is here to have a good time," the listing says. But not too good a time. Each door to the outside has a framed copy of Austin's noise ordinance nearby, and Jason Martin, a limited partner+�ith partial ownership in the property, sends an extensive list of house rules to guests urging them not to disturb the neighbors. "It is extremely professionally run,"he said. ` Any word of a bachelor party or fraternities is an immediate no-go." In fact, house parties and "organized social events" are not allowed on the premises, a rule I thought I was not breaking when I invited the neighbors over. There's another rule noting that"all persons entering the premises are counted as chargeable guests." I should have reread the rules and reviewed my original communications with Mr. Martin once I decided to hold the gathering in the days after I made the booking. Those visitors were especially concerned about their property values. For many of them, their homes are their largest asset. Jessie Neufeld, who bought her home right before the local rules changed in 2012 and now has a 2-year-old child., put it most bluntly. "We did not buy our house to be living next to a hotel," she said. "Would t,tt„•lh,n,r..,,,,,t-;mnc rn,,,l7(17 S f t N l(l hrnnr_m ro,ov htatxr_txrntry_fnr-hrntte-hnverC-a-rtartv-hrn l ce-ire_. 1 0�12/201 S New Worry for Home Buyers: A Parry House Next Door - The New York Times Page 5 of 5 you buy a home if you knew a hotel like this was operating neat door, if you wanted to set your life up and raise a family?" I put the question to two real estate professionals whose names I saw on for-sale signs for homes that were next to or close to some of the party houses. Were the properties going to sell for less because of the problem properties nearby, and did they have a duty to disclose these houses to any and all buyers? Katie Brigmon of Dash Realty did not want to answer many questions about her listing, a house that is very close to one problem property, and my call to her quickly went dead. Jeff Grant from Saddle Realty said that he wasn't aware of the short-teen rental several homes down from the house he's trying to sell on Hidalgo Street. `But my philosophy has always been disclose, disclose, disclose," he said. "I don't think it affects property value in the least." It probably won't if the buyer simply wants to rent out the home every weekend. But every other home buyer ought to be searching Airbnb, HomeAmay and similar sites for listings that are close to a home that they're considering buying. Ms. Neufeld said she resented the fact that people making a living from renting out homes for the weekend have put her own home's value at risk. "They are leveraging our neighborhood for their profit, telling people to come stay in this beautiful place where you would like to pretend that you live," she said. "And they are making people miserable." Twitter: @ronlieber Make the most of your money. Every Monday get articles about retirement, saving for college, investing, new online financial services and much more. Sign up for the Your Money newsletter here. A version of this article appears in print on October 10, 2015, on page B1 of the New York edition with the headline: Animal Nouse Shakes Up Cul-de-Sac. ©2015 The New York Times Company httn•//\x,ww_nvi.ime-,.coin/2015/10/10/your-money/new-won- -for-home-buyers-a-parry-house-ne... 10/12/2015 Home Sharing in the New Economy - Western City - August 2015 - Sacramento Page I of 7 AFC).jT I :.DqFr-Sr I PCITO,, OI.ATION ICX.Nf '.=A,1,1T 72 OF I .-.._E.,.... L ty THE 1,K)NTHLYMAGNE OF IffELEAGUE 01' (,AUFOPNPCIT,IES' 29151 HOME SHARING IN THE NEW ECONOMY I,PRINT FE- 8, Home Sharing in the New Economy BY TREVOR RUSIN AND ANDREA VISVESHWARA Topics Community services Economic Development is Redevelopment Environmeut,Energy S,Climate Change Governance,Legislation&Law Municipal Finance Land Use&Planning Pe,sonnel Public Wety Public Trust&Ethics Public Works&Infrastructure Youth 7 KIN", /Z I htip://w�,xv.westemeity.com/Western-City/Au-,ust-2015/Hoine-Sharing-in-the-New-Econ... 10/12/2015 j i, " ; � Fv d t 1, Voluml t"NR 4I Qn the Internet:.54ww.carmelpinecane.com�, October 9-15,2015 e S" From page lei order. if a judge finds in favor of the city and approves an igjunction ago net the homeowner,the person would not only have to pay the city for all its outstanding bills and staff time, city a t0mey,ca111 ounces Crackdown.Obi�sh6rt-te to r�nt4 S b also his own legal bills. " Freeman also pointed out the ordinance itself is fairly bul- 1 y WA?y$CHlEY The"homeowners will be-a`sked to sign a document indi- letproof, since it was already challenged n court and sur- c+ eating they.reeeived the letter and a copy of the ord nonce— vived with the U.S. Supreme Court letting it stand. EPPING UP efforts.to put an end to short-term rentals, f�which prohibits rentals shorter than X34 days and will be �`We have not modified the ordinance since that occurred," 'which,aro banned in Csnael buf�stiWhappen, anyway ;ordered to,iemove any,onlino advertising - , " he said. —city attorney;lion Freeman announced Tuesday"the city "If we're not getting compliance fr om the folks,the city is Despite the hard line;Fieeman said,"The game plan is not would be takinga"verynggcessive""stanaemrrthem,ainclud- authorized toxonduct soros sting,opetations;,,Freeman said.,, to be punitive ' it's to get them to comply." mg hauling property owners into court. Those.operat ons,would'ehtad"people posing as„centers and-, He anticipated most people will voluntarily end their He made the statement of the Oct.b city council meeting ` 'signing,a'ileal forthcahort tertnxental Then thetetty would practice of renting their homes"fo tourists and other short- "in=public,so tlera;w Illhe no,sukprises; an said.-soma 27 .•ties the evidebce to argue for an mjunetton against tho prop-; "term visitors,aniisaid those that don't will be subject to the properties are on the target list,with mare to comeXcribing erty owner in court. ” ,_ -� . sting operation without notice.After the first couple of cases throngN�various" short-term rectal sites=like'NRBO and "a That proeess;wouldb&time consurmmgg nd costly,bt fibs • go to court and are made public,he predicted, any holdouts Aiibnb,a volunteer identified thadpzeil-plus""hoose . " airy could recoup those costs,Freentan scut through a court "wand probably be swayed to comply., "We will be:contacUng,.$ae6aofthe=property owners and . Ftother, anylistin agents who don't follow the rules ' SeeRNTAX$Poco2 [; , advising them of our ord mance" Frenma}l said. "We will could be called on the earpet:with the state department afresh then he follow ng up th a letter l asiently saying the city's - ostate,according to Fzeeman. , laking an aggressive stairce'in order to eliminate short-term "The city is'very serious about addressing this,"he said. rentals:' `'-Iviayor`Iasod,Burnett noted, "It's not eften,that you hear someone amoutDonjost"announced. He prothew attg because die city wants people to get;plenty of notice and'voluntarily,comply, according to Burnett, and doesn'fwant to take the fight to court unless necessary. , ;. "If everyone who tscurrently violating that rule hears this " tonight or otherwise through newspaper and other means, and decides to comply,then we've won,"he said."Teat's why we're taking the extra steps to provide this advance notice." ;Freeman said lie,plans to provide aa.update monthly on i the number of people whohave beencoatacted and are obey- Ing. Home Sharing in the New Economy - Western City - August 2015 - Sacramento Page 2 of 7 -------------- . ......... "Mlf'g N imgesi shvfte�-too k.com About Legal Notes This column is provided as general information and not as legal advice The law is constantly evolving,and attorneys can and do disagree about what the law requires.Local agencies interested in determining how the law applies in a particular situation should consult their local agency attorneys. This article is the second in a hvo-part Legal Notes series on'Nlew Economy"issues in cities, Trevor Rusin is an attorney with the law firm of Jenkins&Hogin LLP and can the reached at cDm.Andrea Visveshwara is an assistant city attorney for the City of Petaluma and can be reached at avisveshwaia�01 pivalurna ca.us. With short-term residential rentals exploding in popularity in the"new"or"sharing"economy,many cities are taking a hard look at the impacts of such rentals in the community.Online hosting platforms such as Airbnb,HomeAvvay and Flipkey'have created a direct connection between hosts(for http://,,A,"rxv.westerncity.com/Western-City/August-2015/14ome-Sharing-in-the-New-Ecoii... 10/12,12015 Home Sharing in the New Economy - Western City, - August 2015 - Sacramento Page 3 of 7 ree?,a4nFle rQshdgntiat�vRRe; -uS1rt[£rtekarg,oc-,Qr'r7�r._temoorpry vt�+tots and make it easy to rent a '_Site Search ' -OF 1 c+sr. home or room foT'slior penods`of`tirne.OpponenTs are concerned with toss of housing stock and the ---- --- ----- residential character of neighborhoods.Neighbors may complain about impacts from parking,traffic and noise,as well as other public safety issues.Hotels may also complain that short-term residential rentals do not have the same overhead costs and regulation that they face. Alternatively,proponents may desire to supplement their income with such rentals for a variety of reasons,such as to offset a job loss.The business community may also welcome the positive effects of more visitors who frequent city restaurants and purchase ���✓ � 9 other services. Although not specifically designed to ,. r address the sharing economy,cities' traditional regulatory tools allow communities to address short-term rentals and their potential impacts.This article provides an overview of these tools and their reach. Short-Term Residential Rentals Can Be Regulated as a Land Use The California Court of Appeal in Ewing v.City of Carmel-By-The-Sea considered whether a city ordinance that banned short-tens rentals(residential property rentals of 30 days or less)was valid"The ordinance was based on the city's General Plan policies related to strengthening the residential character of neighborhoods in the city by limiting commercial uses in residential neighborhoods.'The plaintiffs owned a single-family property in a residential district and rented the property to tourists for short stays."They argued the ban ordinance did not advance a legitimate government interest,citing a lack of complaints about the rentals.v However,the court found that the short-teen rentals alone sufficiently threatened the residential character of a neighborhood because "short-term tenants have little interest in public agencies or in the welfare of the citizenry.°v'Accordingly,the court upheld the city's prohibition. A city is not limited to imposing a strict prohibition or ban and may use its constitutional police power to allow short-term rentals subject to conditions designed to address potential negative impacts. Options include a density restriction or allowing the rentals only in certain areas to mitigate against harm to a neighborhood's residential character.Alternatively,a city may allow short-term rentals where the host is present(for example,renting a room or guesthouse),but prohibit them where the host is not present(for example,renting the entire residence),Cities may also consider limiting the number of days in a calendar year that a property can be used as a short-term rental or implement related parking or noise restrictions. One option for implementing conditions is requiring hosts to obtain an administrative permit or otherwise register with the city pursuant to an ordinance.A key benefit of this practice is that it makes the host known to the city and facilitates communication.The city may also charge a permit fee,which can offset the cost of administering the permitting program. Short-Term Rentals May Be Taxed a IBM f Short-term rentals also present a potential 3 } source of revenue for cities.Revenue and Fl, Taxation Code section 7280 allows a city to tax"the privilege of occupying a room or ✓ , rooms,or other living space,in a hotel,inn, y � ��"�,.r" tourist home or house,motel or other 8 lodging unless the occupancy is for a period rs� r of more than 30 days."Thus,these rentals mayalready be subject to a city's transient occupancy tax(TOT)ordinance,depending on how the jurisdiction has defined its ordinance. http://wwnv.westerncity.com/W estern-City/August-2015/Home-Sharing-in-the-New-Econ... 10/12/2015 Home Sharing in the New Economy - Western City - August 2015 - Sacramento Page 4 of 7 A add kiQa,-SD P93,(the Economy Act)ls­atwo-year ufii inthe 7) 72 OF I RSC taken up 6IJairr to January 201-6.If pai;sed,-the brit would-tuliend section ............... 7280 to declare that existing law allows a city to levy a tax on short term rentals pursuant to its TOT ordinance on either a host or a hosting platform. A short-term rental may also be considered a business,subject to a city's business license and tax requirements. Enforcing Compliance With Local Ordinances Permitted Use by Right in All or Certain Zones.The easiest and most cost-effective ordinance to enforce is one that allows short-term rentals.This type of ordinance may include a requirement that hosts register with the city.Such an ordinance will also generate the greatest tax revenue if the rentals are subject to the city's TOT.It encourages registration and payment of taxes because: • There is no benefit to avoiding registering;and • There are heavy financial penalties(including back taxes,penalties and interest)for not complying. Cities that employ this type of ordinance will not only be able to take enforcement action against problem rental properties(for example,properties that violate nuisance,noise or special-event permit ordinances),they will also be able to educate and communicate more effectively with hosts.If short-term rentals are permitted in only some areas of the city,the benefits will decrease proportionally.This type of ordinance may work best in a city where there are not significant concerns about housing stock being depleted. Bans.This type of ordinance is the next easiest to enforce because a single violation is enough for city staff to take enforcement action,and once a violating property is found it can be monitored. Although a ban may eliminate some short-term rental use,it may also drive the hosts underground Some hosts may disguise their properties online,falsify or eliminate the rental paper trail and use middlemen to avoid detection and repercussions.Such deception makes enforcement costly and time consuming,with no tax revenue to offset the cost of enforcement. One option to simplify enforcement is to adopt an ordinance that bans advertising of short-term rentals.There is no right to advertise illegal activity,which opens the door to taking action directly against websites that facilitate such rentals."'If passed,SB 593 might provide another fact for enforcing a ban as it would prohibit website platforms from advertising short-term rentals in cities where they are not allowed. Allowed Subject to Conditions.These ordinances are seen as a Compromise between local proponents and opponents of short term rentals.However,the conditions imposed: • Are harder to prove.A city must show notjust that a rental occurred,but that the rental violated the conditions because,for example,it exceeded the number of rentals allowed in a year for the property or rented out an entire home instead of a room(depending on the conditions in the ordinance): • Make violators harder to detect because renting is allowed.It is much easier to detect rental activity than to determine if specific conditions are being violated:and • May discourage host registration if conditions are too complex or burdensome. The effect conditions will have on registration should therefore be carefully considered,If SS 593 passes in 2016,enforcement of such ordinances may be more feasible because of the information that hosting platforms will be required to provide to cities.For now,enforcement may prove challenging. Enforcement Tools Short-term rentals can be easily disguised to look like legitimate long-term rentals.A few tools exist to make enforcement efforts easier.They include education efforts,legislative subpoenas, undercover operations,using advertising against hosts,and TOT collection by the hosting platform. http://-,,,rwNv.westemcit),.com/Western-City/August-2015/Home-Sharing-iii-the-New-Econ... 10/12/2015 Home Sharing in the New Economy - Western City - August 2015 - Sacramento Page 5 of 7 .;�duta4eprs:,F,d�?caNng.trre;Opt'r(;#.qa;:d�^oil4an,ordinance%4af,Id3Jea 72OF plaifo>rms may be open to asss6ng such efforts_..------ — Legislative subpoenas.All California cities can issue subpoenas to aid investigation and enforcement related to short term rental ordinances.These subpoenas are a powerful tool and can be used to: • Obtain information from hosting platforms;and • Obtain information directly from hosts. While effective at gathering information from hosts or websites based in the same county as a city, enforcing a legislative subpoena against more distant hosts may face stiff resistance.If enacted,SS 593 would also require hosting platforms to produce quarterly reports detailing the addresses,dates of stay and amounts paid for short-term rentals booked on their platforms.This information could aid a city in assessing TOT owed and detecting rentals that violate an ordinance.v'" Undercover operations.These efforts can be an effective tool if a city has a ban or allows short- term rentals subject to conditions.However,a substantial investment of staff time is needed for the investigations. Use advertising against hosts.Without online hosting platforms,short-term rentals would exist only on a small scale.As a result,most hosts advertise on the platforms.Information from hosting platforms should be downloaded,preserved and investigated. TOT collection by the hosting platform.If a city collects TOT from short-term rentals,the city can request or require"the hosting platform to collect and remit the lax directly to the city.Thus far, Airbnb has been the only hosting platform willing to collect TOT at the request of a city and does so in San Francisco,San Jose and Malibu. Consider Local Options Carefullyegig,,; , � aw s Cities have a variety of options available in crafting an ordinance that best .r addresses short-term rentals in the ' community.The right ordinance may differz +_ greatly among cities,depending on the t sf3"> �Z` x local goals for the regulation.Ordinances that focus on the key impacts of concern IS es - and that are easy to understand and straightforward to enforce will have the best success in meeting the community's `,yr needs.For more information about short- term rentals,visit the League's"Hot Issues"page at;r:avr.crcities.orgrvacationrertals, Legislative Subpoena Guide General Law Cities:Government Code sections 37104-37109 Charter Cities:California Constitution Article Xi,sections 3(a)and 4(e), Aufliorily and may be codified in city's charter. Note:A charter city's subpoena power may be broader than a general law city's power Execution • Subpoena must be authorized by ordinance or similar enactment, signed by the mayor and attested by the city clerk.` http://wwxv.westemcity.com/Western-City/August-2015/Home-Sharing in-the-New-Econ... 10/12/2015 Home Sharing in the New Economy - Western City - August 2015 - Sacramento Page 6 of 7 Site search 2LF i �T • Must detail a valid legislative purpose,the need for the subpoena and the relevance of the materials or testimony sought."' Note:'Matters relating to the investigation and enforcement of tax measures are proper legislative concerns."" • Must comply with general subpoena requirements,notably: * The matedafelestimony sought must be sufficiently defined * It must not be overly broad or unduly burdensome;and * It must not run afoul of any statutory or common law privilege that prevents disclosure." • To ensure complete records are produced,both records and an appearance at a city council meeting should be demanded.If complete records are produced three days before the meeting,the personal appearance can be excused. f the subpoenaed party fails to comply,the city needs to report the nolation to the superior court.The judge will issue an attachment for the Consequences )arty and begin contempt proceedings where the disobeying party faces Ines and/or jail." Footnotes: See wvNr airnnocom,Wmm.homeawaycom,v7vm-JhPIrcY,C0m- (1991)234 Cal.App3d 1579. to.at p.15139. Id.at p.1584,1590. Id.at pp.1589-90. v�Id.at p.1591. 49 Pittsburg Press Co.v.Pittsburgh Commission on Human Relations(1973)413 U.S.376,388, An example of a legislative subpoena issued in a short-term rental context can be found online at "flP71v,,,vcjc1Iies Re:tas&jbpoen,40- VSYC-Inc-6-30M4 Pcif?,SPK, "An ordinance that requires hosting platforms to collect TOT may be challenged in court by the hosting platforms.Of note,San Francisco Municipal Code section 41 B.5(d)requires hosting platforms to collect TOT owed,but it is not enforcing this requirement against hosting platforms such as HomeAway,which challenged the ordinance in federal district court.HomeAway v.City and County of San Francisco,No,3:14-CV-04589,2014 VVIL 5510760(NDCA 2014), x Gov't Code§37105;Connecticut Indemnity Company v.Sup.Ct(2000)23 Cal.416 807,814. See C.C.P.§1987. Connecticut Indemnity Company,23 Cal.4"at 814. City of Vacaville v.Pitamber(2004)124 Cal.App.4'h 739,748. See Flora Crane Service,Inc.v.SufaCt.(1965)234 Cal.App.2d 767:Southern Pacific Co.V. St,p.Cf.(1940)15 CaUd 206. xv Gov't Code§§37106-9. http://xN-ww.,A,esterncity.com/Westeni-City/Au(,Ytist-2015/Home-Sharing-iii-the-New-Econ... 10/12/2015 Home Sharing in the New Economy - Western City -August 2015 - Sacramento Page 7 of 7 r ,-pho{o.cceCits-.9 [na�0S�,m!� u,.e �hu4 111ca 72 OF! �------ (couch), ._.__ This article appears in the August 2075 issue of Western City Did you like what you read here?SubscRBe to Western Qty a Copyright 2015 Leegee o1 CaVornla C 9eS.✓V nphls reserved http://wtivw.westerneity,coiii/Western-City/August-2015/Home-Sharing-in-the-New-Econ... 10/12/2015 League of California Cities - Vacation Rentals Page 1 of 2 St7-e17;2`bE'nhI C '3,gfornie2 Ories NO tf > r_. c1i&�SC;yocacy>Lo L issues > Vacation Rentals Vacation Rentals Background Resources In the News Ordinances League of California Cities' staff recently sent a request to member cities to determine the level of interest in forming a staff-level working group on the issue of vacation or short- term rentals in residential neighborhoods. Member response showed a high level of interest in discussing this topic, so a Residential Vacation Rental Working Group was organized. The group has held several conference calls to discuss the impacts cities have experienced resulting from the increased popularity of these rentals, and related issues such as the effective collection of city transient occupancy tax related to the rentals. In addition, the League has received inquiries on this issue from cities and other interested stakeholders, and is aware of the continuing media coverage on the growth of residential vacation or short-term rentals throughout California. This webpage contains resources for cities on this issue including recent news articles and ordinances that various cities have adopted on this topic. http://uxvw.cacities.org/Policy-Advocacy/Hot-Issues/Vacation-Rentals 10/12/2015 NUAIITEDST13TES DIGEST POSTALSERVICE —-—-------- DATE: October 10, 2015 FRANK X. DOYLE RECEIVEL MAYOR TOWN OF TIBURON OCT 11, 2015 1505 TIBURON BLVD TIBURON CA 94920-2530 TOWN M"LERS Ur;u. of TIBURON SUBJECT: INVITATION TO POSTMASTER INSTALLATION Dear Mr. Doyle: You are cordially invited to attend the Postmaster Installation of Charles Patterson on Friday, October 30, 2015 beginning 11:00 AM and of course located at 6 Beach. You will be given an opportunity to address the assembled guests with information about the Town of Tiburon. If your schedule does not permit your attendance please feel to send a representation from the town in your place. Additionally, the Vice Mayor and City Councilmembers are invited as well. Please confirm your attendance or your representative by October 23, 2015 in order that the attendee's name is placed in the program. Thank you for your consideration as it will be my pleasure to have you in attendance. CHARLES PATTERSON POSTMASTER BELVEDERE-TIBURON 6 BEACH RD BELVEDERE-TIBURON CA 94920-9998 DIGEST Diane Crane lacoe From: Jason Jacobson <jason@titanium-racing.com> Sent: Sunday, October 04, 2015 8:10 PM To: Jason Jacobson Subject: THANK YOU!!!!!!!!!!!!!!!!!!! Hi everyone, THANK YOU all who helped make the Fitbit Tiburon Half Marathon & 5K that ran through the beautiful towns on Tiburon & Strawberry another success! We so appreciate everyone's amazing efforts and stewardship. We could not have produced this event without the support of everyone on this list -- and it is a long one! I would name everyone on the list but I would be afraid at this late hour after going all weekend I would leave someone out! So suffice I hope to say that this email is a heartfelt thank you to the towns, sponsors,partners, volunteers, charity, and so much more. Phew what an amazing event and weekend! Thank you, --J and Sheri Jason Jacobson Founder, CEO Race Director 3 A't i -----RACING, INC. Titanium Racing, Inc. 415-246-1390 w�an�=.titanium-racing.com r DIGEST Pzzblished in Legal Notices in 77ie Ai, i+,eek of October 14 & October 21, 2015 NOTICE OF NOMINEES FOR PUBLIC OFFICE NOTICE IS HEREBY GIVEN that the following persons have been nominated for the offices designated to be filled at the General Municipal Election to be held in the Town of Tiburon on Tuesday, November 3, 2015: For member of Town Council (two seats): Erin Tollini Brian McCullough Frank Doyle Voter registration for said election closes on October 19, 2015. If you have moved since the last election, you should update your registration (go to "N ww.marmvotes.oru for more information). Early voting started October 5 at the Civic Center, Room 121, 3501 Civic Center Drive, San Rafael, CA 94903 (Marin County Elections). The last day to request a vote-by-mail ballot is October 27. Polls are open on Election Day from 7:00 a.m. until 5:00 p.m. (Check your sample ballot for the location of your polling place.) s( Diane Crane Iacopi, Town Clerk October 5, 2015 DIGEST TICS OF MEETING CANCELLATION THE REGULAR TIBURON PLANNING COMMISSION MEETING SCHEDULED FOR WEDNESDAY9 OCTOBER149 2 HAS BEEN CANCELLED THE NEXT SCHEDULED MEETING OF THE PLANNING COMMISSION IS THE REGULAR MEETING OF E NES AY, OCTOBER 289 2015 DANIEL WATROUS, SECRETARY DIGEST TOWN OF TIBURON Regular Meeting Tiburon Town Hall Design Review Board 1505 Tiburon Boulevard October 15,2015 Tiburon, CA 94920 7:00 P.M. AGENDA TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL Chair Tollini, Vice Chair Kricensky, Boardmembers Chong, Cousins and Ernberson ORAL COMMUNICATIONS Persons wishing to address the Design Review Board on any subject not on the agenda may do so under this portion of the agenda. Please note that the Design Review Board is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please limit your comments to no more than three(3)minutes. Any communications regarding an item not on the agenda will not be considered part of the administrative record for that item. STAFF BRIEFING (if any) OLD BUSINESS 1. 36 LINDA VISTA AVENUE: File No. VAR2015011; David and Jayne Love, Owners; Adoption of resolution denying Site Plan and Architectural Review for construction of a garage and carport addition to an existing single-family dwelling, with Variances for reduced front and side yard setbacks and excess lot coverage. Assessor's Parcel No. 059- 193-21. [DW] 2. 1 MERCURY AVENUE: File No. VAR2015017; Sharon Cassidy, Owner; Adoption of resolution approving Site Plan and Architectural Review to legalize as-built construction of a driveway expansion and fencing for an existing single-family dwelling, with a Variance for excess fence height. Assessor's Parcel No. 034-252-14. [KO] 3. 7 PARK PLACE: File No. DR201.5036; Jonathan and Jeanette George, Owners; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling. The applicant proposes to construct a 1,760 square foot addition on the northwest side of the house which would include a guest suite, media room, game room, wet bar, bathroom, and a hallway, and would result in a total floor area of 5,995 square feet. Assessor's Parcel No. 038-011-33. [KO] Design Review Board Agenda October 15,2015 Page 1 NEW BUSINESS 4. 4315 PARADISE DRIVE: File No. VAR2015016; Jackie Hsu and Matthew Ratliff. Owners; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling, with Variances for reduced front yard setback and excess lot coverage. The applicant proposes to expand the master bedroom, add a new master bathroom, a pantry and a revised entry connecting the existing dwelling to the currently detached garage. The floor area would be increased by 474 square feet to a total of 1,994 square feet and the lot coverage on the site would be increased by 463 square feet to a total of 2,503 square feet (33.3%), which is greater than the 30.0% maximum lot coverage permitted in the R-1 zone. The additions would cause the front yard setback to be 1 foot, 8 inches in lieu of the minimum setback of 15 feet. Assessor's Parcel No. 038- 291-16. [DW] 5. 2235 CENTRO EAST STREET: File No. DR2015103; Lucy Zhang, Owner; Site Plan and Architectural Review for construction of additions to an existing two-family dwelling. The applicant proposes to construct a 496 square foot detached guest house, and modify windows, doors and roofline of the existing duplex. Assessor's Parcel No. 059-141-13. [KO] MINUTES 6. Regular Meeting of October 1, 2015 ADJOURNMENT Design Review Board Agenda October 15,2015 Page 2 Horne > Archive Center View Other Items in this Archive I View All Archives I Printable Version DIGEST AGENDA - REGULAR MEETING BELVEDERE CITY COUNCIL P OCTOBER 12, 2015, 6:30 P.M. City Hall Council Chambers 450 San Rafael Avenue, Belvedere, California COMMENTS ON AGENDA ITEMS BY MEMBERS OF THE PUBLIC The public will be given an opportunity speak on each agenda item when it is called Upon being recognized by the Afc�,or, please state your name and address, and lime your oral statement to no more than three minutes. The Council welcomes comments and questions raised by interested citizens but typically does not respond during the comment period 6:30 PM CALL, TO ORDER PLEDGE OF ALLEGIANCE OPEN FORUM This is an opporfunity for anv citizen to briefly address the City Council on any matter that does not appear in this agenda. Upon being recognized by the Mayor, please state your name, address, and limit your orad statement to no more than three minutes. !Clatters that appear to warrant a more lengthy presentation or Council consideration will be agendized for,fio-ther discussion at a later meeting. 11 REPORTS & PRESENTATIONS 1. City Council Reports. 2, City Manager Reports. 11 CONSENT CALENDAR The Consent Calendar consists of items that the City Council considers to be non-controversial. Unless any item is specifically removed by any member of the City Council, stctf_f, or audience, the Consent Calendar will be adopted by one motion. Items reproved will be considered in the sequence as they appear below. If any member of the audience wishes to have an item removed,please step to the microphone, state your nate, and indicate the item. 3. Anorove minutes ofthe Scntcrnber Is_ 2015. remilar Citv- Council r leetin6. 4. ,, 7nt—oYe warrants, of Sernter.ber 2015. 5. ?sdontion of an ordinance oftlre CitV o9'Belvedere amending Title 16. l3uildineys arrd Construction. and Title 2€7_ Architectural mid Lnn irom,nent d Design Review of tlse Belvedere Municinal Code to imailcsnent nroLm ns to further enhance ilse alreadv expedited huildina permit process for scalar energy improvements and to demon:su ate compliance ur 4h Asse rnbl-v Bill 2'184. 6. 7. ity 8. Approve revocable license lor priva-te im rovements in the ciw riohl-or-)xav il] 05_Golden Gjale 4, Pronertv 0)�vner: Mary K. and Michael Rrnck INDIVIDUAL CONSENT CALENDAR ITEMS Individual Consent Colcndar Items are considcred non-conlroversial but require individual n7olionsfir approval due tonecessary meosals. }A. OTHER SCHEDULED ITEMS \l. Revocable license fornrivale Imi)rovemems inthe Ciiv streetright-of-Nvavin from of' 130 Bella Vista Avenue. Pro xtily Owner: James K�and Cai-m.cii.D. Steil, (Continued from September 14, 2015). Si,iff'reec�mtiictici.,.itic)ii: Reconsider the revocablo license aLlreemenl lor 130 Bella Vista Avenue ;nj�1)111 �2f 12. Discussi o n of costs to onerale Bel%edere Corn m un i tv Center (B CC) an d cons i dera t ion 01treffll.s of Amended and Restated LCIrSe ALrCCIllent for BCC. Jcr'ontinued from, Sepignber 14- 20 1--) staff recom)nei Idati oil: Consider lease ionns and ani)rove the AL)reenienl -with Belvedere-Tiburon joill, Recreation (BI-JR) for Belvedere Curnmunitv Center. ' NOTICE: WHERE TO VIEW AGENDA MATERIALS Staff reports and other materials distributed tothe City Council are available for public inspection atthe following locations: • Belvedere City Hall, 4SOSan Rafael Avenue, Belvedere. (Materials distributed to the City Council after the agenda packet is published are available for public inspection atthis location un/y.} • Belvedere-Tiburon Library, 1501 Tiburon Boulevard, Tiburon. To request automatic mailing of agenda materials, please contact the City Clerk at 415/435-8913. NOTICE: AMERICANS WITH DISABILITIES ACT The following accommodations will be provided upon request to persons with disability; agendas and/or agenda packet materials iAalternate formats and special assistance needed to attend or participate in this meeting. Please make your request at the Office of the City Clerk or by calling 415/435-3838. Whenever possible, please make your request four working days in advance. OCTRECMVE�__ DIGEST 13 2075 TOWN OF CORTE MADERA KIA -2- 110"MPLANNING COMMISSION e TOyUi'd vF f k�liE±C;a NOTICE OF PUBLIC HEARING Tr;E To„ >F CORTc AAD -R.4 1441 CASA BUENA TOWNHOME PROPOSAL TOWN AGENCY: CORTE MADERA PLANNING COMMISSION MEETING DATE: TUESDAY OCTOBER 13, 2015 TIME AND PLACE: 7:30 P.M., CORTE MADERA TOWN HALL 300 TAMALPAIS DRIVE SUBJECT: PUBLIC HEARING TO CONSIDER APPLICATIONS BY PRESIDIO MANA MARIN, c/o BAYROCK MULTIFAMILY LLC, FOR A NEW 46-UNIT TOWNHOME DEVELOPMENT AT 1441 CASA BUENA DRIVE. NOTICE IS HEREBY GIVEN that the Corte Madera Planning Commission will continue a public hearing on October 13, 2015, to consider the 1441 Casa Buena Townhome proposal, related land use applications, and the Mitigated Negative Declaration prepared by the Town to evaluate and disclose the potential environmental implications of the project and related avoidance or mitigation measures. Presidio Mana Marin, c/o Bayrock Multifamily, LLC, (the "applicant") is proposing the development of 46 townhomes at 1441 Casa Buena Drive (Assessor's Parcel Number 033-011-056).The subject property is a 3.51- acre site that fronts on Casa Buena Drive, directly west of and adjacent to U.S. Highway 101. The property also abuts 1421 Casa Buena Drive, a 1.23-acre site located to the south and recently approved for the development of 16 townhomes within four buildings. Directly to the north of the project site is a seven unit apartment complex at 1449 Casa Buena Drive and directly to the west of the project site is Meadow Valley Road which provides access to several single-family homes and duplexes. The proposal calls for demolition of the existing four, two-story buildings and 32 rental apartments currently located on site and the development of 19 new two and three unit structures, two and three stories in height, containing a total of 46 townhomes to be individually sold. The proposed project includes requests for a conditional use permit in order to develop condominiums, a vesting tentative map to subdivide the property into individual lots, a zoning ordinance amendment to reduce the number of below market rate homes required to be included in the project, a density bonus for providing below market homes, and a design review approval. Pursuant to the California Environmental Quality Act, an Initial Study and Environmental Checklist were prepared for the proposed project. The Initial Study and Environmental Checklist identified potentially significant impacts in the following areas: aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, population and housing, transportation and traffic, and utilities/service systems. The analysis concluded that potential significant impacts would be reduced to less than significant levels with the implementation of mitigation measures, and as a result, a Draft Mitigated Negative Declaration has been prepared for Commission consideration with the project at the above referenced public hearing. The proposed original and revised project plans and Draft Mitigated Negative Declaration can be reviewed n.. the Town of Corte Madera website at htp;J/ww r.tovvnofc:�rM ad�ra ero.`3; 441- asa-Buena-Drive and at the Town of Corte Madera Planning Department, located at 300 Tamalpais Drive, Corte (Madera, California, lower level, during public hour,: B:OOam. —1'.:30am and 1:00pm —3:00pm Monday through T hurs,^ay All persons interested in the foregoing are invited to appear before the Corte Madera Planning Commission at the time, day and place mentioned above. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Town of Corte Madera at, or prior to, the public hearing. All written responses will become part of the public record. Staff reports are usually available by 4:30 p.m. on the Friday before the meeting and may be obtained from the Planning Department, Corte Madera Town Hall, 300 Tamalpais Drive, Corte Madera. If you have any questions about the information contained in this notice, please contact the Planning Department at(415) 927-5064. 1 do hereby certify that the foregoing Notice of Public Hearing was duly processed according to the California Government Code and the Corte Madera Municipal Code. Adam Wolff, Planning Director In compliance with the Americans with Disabilities Act, if you need special assistance to pa ticipate in this meeting, please contact the Planning Division at 415-927-5064. Notification two business days (the Friday before the meeting) prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. ee Sent on or before October 2, 2015 DIGEST TIBURON FIRE PROTECTION DISTRICT WEDNESDAY, October 14, 2015 5 # BOARD OF DIRECTORS MEETING 6:30 P.M., HEADQUARTERS FIRE STATION 1679 TIBURON BLVD. AGENDA 1. CALL TO ORDER 2. CONSENT CALENDAR A. Approval of Minutes, September 9, 2015 3. COMMUNICATIONS 4. PUBLIC OPEN TIME for items not on the agenda This portion of the meeting is reserved for persons who want to address the Agency on any matter not listed on the agenda. The Ralph M. Brown Act prohibits discussion of items that are not duly placed on the agenda. Speakers are limited to three minutes. Please Note: the Chair will allow time for public comment on each agenda item. 5. CLOSED SESSION A. Personnel(Government Code 54957) 1. Appraisal of Fire Chief 6. CHIEF'S REPORT A. Monthly Report 7. PUBLIC HEARING A. Reading of proposed Ordinance#127, establishing fees for Fire Prevention and Administrative services 8. TREASURER'S REPORT A. Finance Committee—Directors Kirchhoff and Sears Finance Committee Meeting—Monday, October 12, 2015, 1530 hrs. Headquarters Fire Station, 1679 Tiburon Blvd. B. Approval of Warrants 9. COMMITTEE REPORTS A. MERA—Chief Pearce B. SMEMPS—Director O'Neill C. PERSONNEL—Directors Sears and Miller D. SPHERE OF INFLUENCE—Directors O'Neill and Kirchhoff 10. BOARD OF DIRECTORS 11. ADJOURNMENT NEXT REGULAR TFPD BOARD MEETING: November 11, 2015,6:30 Pm.A complete agenda package is available for viewing at 1679 Tiburon Blvd. Copies of past TFPD minutes are available for viewing at the same location. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the District office at 435-72oo. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements. Michael Lasky,President Catharine Benediktsson,Director Richard Snyder,Vice President Tod Moody,Director John Carapiel,Secretary NOTICE AND AMENDED AGENDA Special Board Meeting at Sanitary District No. 5 of Marin County Meeting Room r 2001 Paradise Drive,Tiburon, CA 94920 Thursday, October 15, 2015 5:00 P.M. SPECIAL BOARD MEETING CALL TO ORDER ROLL CALL OPEN SESSION: PUBLIC COMMENTS: The public is invited to address the Board on items that do not appear on the agenda and that are within the subject matter jurisdiction of the Board. The Brown Act does not allow the Board to take action on any public comment. Please limit public comments to no more than three minutes. DIRECTORS' COMMENTS AND/OR AGENDA REQUESTS CONSENT CALENDAR 1.Approval of September 17, 2015, Special Board Meeting Minutes(Dohrmamr) 2. Approval of all Electronic Find Transfers (EFT) and Warrants for September 11"'through October 8`l', 2015; Check No. 8005 through Check No. 8052, in the amount of$424,628.37 (Dohrmann) 3. Receipt of Financial Reports for September,2015 (Dohr mann) 4. Declaration and Board Approval of Vehicle Surplus (Rubio) MANAGEMENT REPORTS 5. District Management Summary Report (Rubio) NEW BUSINESS 6. Consideration of Modification to Rules of Procedure: Re-schedrding the Regular Monthly Board Meeting Date (Rubio)—Action Board of Directors Agenda(Amended) Special Board Meeting, October 15,2015 Page 2 of 2 UNFINISHED BUSINESS: COMMITTEE REPORTS: 7. Capital Improvement Program Committee (Lasky/Carapiet) 8. Governance Committee (Snyder/Benediktsson) 9. Finance &Fiscal Oversight Committee(Benediktsson/Moody) 10. Personnel Committee OTHER BUSINESS: ENVIRONMENTAL: CORRESPONDENCE: INFORMATIONAL ITEMS: 11. Purchasing Details of Replacement Boom Truck(Rubio) 12. CaIPERS GASBY 68 Valuation Reports, Measurement as of June 30, 2014,for Classic & PEPRA Members 13. Report of GASBY 45 Actuarial Valuation of Retiree Health Benefits, as of January 1, 2015, from North Bay Pensions ADJOURNMENT The Board will be asked to adjourn the meeting to a Regular Board Meeting on November 12"' 2015, at 5:00 p.m. at the Main Plant of Sanitary District No. 5 of Marin County, located at 2001 Paradise Drive,Tiburon, California. The Board of Directors may at its discretion consider agenda itents out of the order in which they appear above Accessible public meet nw: Upon request, the District will provide written agenda materials in appropriate alternate formats, or disability-related modification a-accommodation, including mailiaril aids at-services to enable individual with disabilities to participate in public meetings Requests are to be submined in writing to the District at P.O. Bar 227, Tiburon, CA 94920 or rdohrmann oa sani5.org at least two dnt+s prior to the meeting. `C\Board\Agendas\2015 10 15 Special Amended Agenda RLD TR ML BLS.doc AGENDA DIGEST BELVEDERE TIBURON LIBRARY AGENCY Monday, October 19, 2015 6:15pm �C Belvedere Tiburon Library 1501 Tiburon Blvd., Tiburon, California CALL TO ORDERIROLL CALL OPEN FORUM This is an opportunity for any citizen to briefly address the Board of Trustees on any matter that does not appear on this agenda. Upon being recognized by the Chair, please state your name, address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Board consideration may be agendized for further discussion at a later meeting. STAFF BOARD AND COMMITTEE REPORTS 1. Chair's report— Fredric Postle, BTLA Chair - (2 minutes) 2. Library Director's report— Deborah Mazzoiini, Library Director (10 minutes) 3. Belvedere-Tiburon Library Foundation report (5 minutes) 4. Report on Financial Statements September, 2015 (5 minutes) 5. Committee reports (5 minutes) CONSENT CALENDAR—2 minutes The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Agency may request removal of an item for discussion. 6. Approval of minutes of September 21, 2015 7. Approval of warrants dated September, 2015 TRUSTEE CONSIDERATIONS The purpose of Trustee Considerations is to list items for discussion and potential action. COMMUNICATIONS & ANNOUNCEMENTS 8. Monthly calendar 9. Schedule of FY 2016 meeting dates NOTICE AMERICANS WITH DISABILITIES ACT The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda packet materials in alternate formats; special assistance needed to attend or participate in this meeting. Please make your request at the office of the Administrative Assistant or by calling (415) 789-2660. Whenever possible, please make your request three days in advance. aW- 771 b :-5 z > �y 5 � a •a�T � #' The Sea'Stai'Epidemic. An Arx as Race for iarine�xod:versitp ;s ON