CC SR 20150915 02 - League of CA Cities Annual Conf ResosMEMORANDUM
a
RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: KIT FOX, AICP, SENIOR ADMINISTRATIVE ANALYS
DATE: SEPTEMBER 15, 2015
SUBJECT: LEAGUE OF CALIFORNIA CITIES 2015 ANNUAL
CONFERENCE RESOLUTIONS
REVIEWED BY: DOUG WILLMORE, CITY MANAGERMA,%.)
RECOMMENDATION
Authorize the City Council's Voting Delegate to support the adoption of League of
California Cities General Assembly Resolution No. 1 (League Bylaw Amendment);
League of California Cities General Assembly Resolution No. 2 (Overconcentration of
Alcohol & Drug Treatment Facilities); League of California Cities General Assembly
Resolution No. 3 (Residential Rentals, Support for SB 593 (McGuire)); and League of
California Cities General Assembly Resolution No. 4 (Compensation for Prolonged
Electrical Power Outages).
EXECUTIVE SUMMARY
The League of California Cities (League) 2015 Annual Conference is being held
September 30 -October 2, 2015, in San Jose. At the annual conference, the League
General Assembly will consider four (4) resolutions at the annual business meeting.
Staff recommends that the City Council authorize the City's Voting Delegate and/or
Alternate to support the adoption of all four (4) League of California Cities General
Assembly Resolutions.'
FISCAL IMPACT
There is no fiscal impact as a result of authorizing the City's Voting Delegate to support
the 2015 League resolutions. The costs associated with Staff and Council member
Resolution No. 4 (Compensation for Prolonged Electrical Power Outages) is sponsored by the
City of Rancho Palos Verdes.
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MEMORANDUM: League of California Cities 2015 Annual Conference Resolutions
September 15, 2015
Page 2
travel to attend the 2015 League conference have been included in the City's FY2015-
16 budget.
BACKGROUND
The League's 2015 Annual Conference is being held September 30 -October 2, 2015, at
the San Jose Convention Center in San Jose. At the annual conference, the League
General Assembly will consider four (4) Resolutions at the annual business meeting on
October 2, 2015. The City Council is encouraged to review the Resolutions and
determine a City position on them so that the City of Rancho Palos Verdes Voting
Delegate (i.e., Mayor Knight) may most effectively represent and convey the City's
position on the Resolutions.
Policy development is a vital and on-going process within the League. The principal
means for deciding policy on the important issues facing cities and the League is
through the League's eight (8) standing Policy Committees2 and the Board of Directors.
The process allows for timely consideration of issues in a changing environment and
assures city officials the opportunity to both initiate and influence policy decisions.
Annual Conference Resolutions constitute an additional way to develop League policy.
DISCUSSION
Each Resolution has been reviewed by Staff to identify any potential impact upon the
City. A brief description of each Resolution and Staff's recommendation is provided
below. The full text of each Resolution is attached to this report, along with related
background information provided by the Resolutions' sponsors and League Staff.
1. Resolution Relating to League Bylaws Amendments regarding Succession
of League Officers to Fill Vacancies.
The League Board of Directors proposes a Resolution that would amend the League
by-laws regarding the succession of League officers in order to fill unanticipated
vacancies. Since the Resolution is proposed by the League Board, it does not require
endorsement by cities or city officials (as is typically the case for Annual Conference
Resolutions) in order to be considered by the General Assembly.
2 Resolution No. 1 will be referred to the Administrative Services Policy Committee; Resolution
No. 2 will be referred to the Housing, Community & Economic Development Policy Committee; Resolution
No. 3 will be referred to the Housing, Community & Economic Development Policy and the Revenue &
Taxation Policy committees; and Resolution No. 4 will be referred to the Environmental Quality Policy
Committee, prior to their consideration by the General Assembly.
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MEMORANDUM: League of California Cities 2015 Annual Conference Resolutions
September 15, 2015
Page 3
In 2010 and 2014, the city official elected League President at the Annual Conference in
September was not returned to office by the voters of their city. This development
triggered a series of steps laid out in the order of succession in the League by-laws that
mandates that the First Vice President advance to the office of President at the next
Board meeting, and that the Board fill the vacancy in the office of First Vice President
for the remainder of the term. In 2010 and 2014, however, this lead to a cascading
series of League Board appointments to fill unanticipated vacancies as subsequent
candidates for appointment were determined to be ineligible to assume the post of
League President, for a variety of reasons.
At its February, 2015 meeting, the Executive Committee of the League Board
unanimously recommended an amendment to the order of succession in Article VIII,
Section 4 of the League by-laws. The proposed amendment would allow the most
experienced member of the Executive Committee, the Immediate Past President, to fill
out the remainder of the term of office of a President who leaves the office before its
term is completed if the Immediate Past President is willing and able to do so. This
arrangement would allow the First Vice President to continue serving and to advance to
the office of President on the schedule envisioned by the League by-laws. If the
Immediate Past President were unable or unwilling to serve, the existing order of
succession would occur.
Staff believes that the proposed Resolution is a reasonable response to address what
will (hopefully) be an infrequent occurrence for the League Board. A well -thought-out
succession plan that addresses potential (if unlikely) contingencies is important for the
League to continue to represent the interests of its members. Therefore, Staff believes
that it is in the City's interest to support 2015 League of California Cities General
Assembly Resolution No. 1.
Recommendation:
Staff recommends supporting the adoption of 2015 League of
California Cities General Assembly Resolution No. 1.
2. Resolution of the League of California Cities Calling for Legislation to
Preserve Therapeutic Environments for Group Homes and Avoid Impacts
of Overconcentration of Alcohol and Drug Abuse Recovery and Treatment
Facilities in Residential Neighborhoods.
The City of Malibu proposes a Resolution that would call upon the State Legislature to
enact legislation that would explore options to address overconcentration of alcohol and
drug abuse recovery and treatment facilities in residential neighborhoods while
respecting important legal rights of patients and legal obligations of public entities; avoid
the creation of institutional settings when multiple facilities are concentrated in a single
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MEMORANDUM: League of California Cities 2015 Annual Conference Resolutions
September 15, 2015
Page 4
location, while also reducing noise, congestion and other concerns often raised by
residents in residential neighborhoods; and, determine the appropriate balance between
not-for-profit (including County) facilities and for-profit facilities in residential
neighborhoods. The Resolution is endorsed by the cities of Duarte, La Canada
Flintridge, Lakewood, Lomita and Pico Rivera; and by 12th District3 Los Angeles City
Councilmember Mitchell Englander.
The City of Malibu notes that State law preempts local zoning regulation for licensed
drug and alcohol treatment facilities. State and Federal anti -discrimination laws require
cities to treat facilities that function as single housekeeping units the same as any other
"family." In many areas of the state, these facilities are impacting residential
neighborhoods because their concentration in certain neighborhoods tends to change
the character of the area from a residential neighborhood to more like a hospital and
institutional zone in terms of the land use impacts.
In order to avoid overconcentration, most State -licensed group homes are required to
meet certain separation requirements from other licensed group homes (typically three
hundred feet (300')). Alcohol and drug programs are treated differently under State law
in this respect, and no separation requirements apply. In fact, the State licensing
agency does not impose any restrictions on the number of facilities in the vicinity of one
another, and have been allowing licensees to obtain two licenses on one lot and to
operate integrated multi -structure facilities under the guise of multiple, single-family
residential licenses. Similarly, State law currently requires private foster family agencies
operating in residential zones to be organized and operated on a non-profit basis, while
drug and alcohol programs and so-called "sober living homes" are permitted to operate
as a for-profit business in residential zones.
The City of Malibu argues that State policy in this regard sought integration of group
homes into residential neighborhoods, not disintegration of the residential character of
the neighborhoods. Through zoning authority, cities can preserve the very
neighborhoods that the community -care model depends on to provide the therapeutic
environment of a residential neighborhood. Separation requirements both respond to
the biggest concern of local government (overconcentration that impairs neighborhood
character) and advance State policy. In addition, limiting the zoning preemption to non-
profit programs will also assist in preserving the integrity of residential neighborhoods.
In summarizing the proposed Resolution, League Staff notes that it is supported by
long-standing League policy, although Federal and State fair housing and anti-
discrimination laws and various court decisions have bearing on local authority in this
3 The 12th District is located in the northwesterly portion of the San Fernando Valley, generally
west of 1-405 and north of US -101.
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MEMORANDUM: League of California Cities 2015 Annual Conference Resolutions
September 15, 2015
Page 5
area. In Rancho Palos Verdes, Staff is not aware of the presence of any "sober living
homes," but there are many State -licensed residential care facilities for the elderly that
can accommodate up to six (6) clients apiece without the City approval. These so-
called "6 -packs" have tended to congregate in the Rolling Hills Riviera neighborhood in
Eastview and the neighborhoods surrounding Hesse Park. Occasionally, Staff receives
complaints about these facilities, but they generally seem to operate in a manner
consistent with preserving the residential character of the City's neighborhoods.
Nevertheless, Staff believes that it is important to support the preservation of cities' local
control and zoning authority. Therefore, Staff believes that it is in the City's interest to
support 2015 League of California Cities General Assembly Resolution No. 2.
Recommendation: Staff recommends supporting the adoption of 2015 League of
California Cities General Assembly Resolution No. 2.
3. Resolution of the League of California Cities Supporting SB 593 (McGuire)
and Continued Local Flexibility for Cities as they Address Neighborhood
and Fiscal Impacts of Temporary Rentals of Residential Units.
The City of West Hollywood proposes a Resolution in support of Senate Bill No. 593
(SB 593), which prohibits the operators of transient residential hosting platforms (such
as Airbnb, VRBO and others) from advertising residential units for tourist or transient
use if such use will violate any ordinance, regulation, or law within the applicable city
that opts into its provisions; and requires the confidential quarterly reporting to the city (if
the city adopts an ordinance requiring the reporting of the data) of information regarding
the address of such units, the total number of nights occupied for tourist or transient
use, and the total amounts paid for such use. The Resolution is endorsed by the cities
of Healdsburg, Mammoth Lakes, Napa, Piedmont, Santa Cruz, Santa Monica and
Sonoma.
The City of West Hollywood notes that the sharing economy has quickly become
commonplace in the everyday life of many individuals, whether they participate in ride -
sharing, have rented a short-term residential unit, or live in a community were either is
prevalent. The sharing economy has provided benefits to many, but also raises many
issues that must be addressed in order to allow these sharing practices to effectively
incorporate into our communities. Specifically, the short-term rental of residential units
has grown exponentially within the last several years throughout the State, and its
impacts need to be addressed.
Presently, many cities prohibit the renting of residences for less than thirty (30) days.
However, these prohibitions are frequently ignored by on-line vacation rental
businesses (OVRBs), causing unwanted burdens on cities while reducing transient
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MEMORANDUM: League of California Cities 2015 Annual Conference Resolutions
September 15, 2015
Page 6
occupancy tax (TOT) collection from sanctioned hotels. The short-term rental of
residential properties presents numerous challenges within neighborhoods and to
adjacent property owners. They may create additional noise, traffic, parking, privacy
and public safety issues, decrease available rental housing stock; and in some cases
turn residential neighborhoods into de facto hotel districts. For the cities that do allow
short-term residential rentals, most require hosts to register and that TOT be paid.
However, registration and payment of TOT in these cities are based upon owners'
voluntary reporting their rental activity. However, cities have been unable to obtain this
information due to the fact that OVRBs pass their responsibility to individual
homeowners. This lack of oversight and enforcement presents a gap in accountability,
and as a result, local laws and regulations are not being followed.
The "Thriving Communities and Sharing Economy Act" (SB 593) will provide local
jurisdictions with the data and framework necessary to collect TOT revenues from short-
term rentals to pay for vital local services; or conversely, the data necessary to help
cities enforce local regulations designed to ensure the safety of the public and residents
living adjacent to short-term rentals if those rental are not allowed. Where vacation
rentals are legal, the bill will assist local jurisdictions in their regulation and collection of
TOT. Where vacation rentals are illegal by local ordinance, the bill will prohibit OVRBs
from legally making or facilitating a rental.
In summarizing the proposed Resolution, League Staff notes that the League's
Housing, Community and Economic Development policy supports local zoning as a
primary function of cities and an essential component of "home rule." Furthermore, the
League's Revenue and Taxation policy acknowledges that additional revenue is
required in the state/local revenue structure, and that there is not enough money
generated by the current system, or allocated to the local level by the current system, to
meet the requirements of a growing population and deteriorating services and facilities.
Currently, the City of Rancho Palos Verdes does not expressly prohibit short-term
vacation rentals, and Staff is aware of only a handful of properties where such rentals
have been made available through OVRBs.4 It is conceivable, however, that the
numbers of such rentals could increase and begin to have significant adverse fiscal and
quality -of -life impacts upon the City. Therefore, Staff believes that it is in the City's
interest to support 2015 League of California Cities General Assembly Resolution No. 3.
Recommendation: Staff recommends supporting the adoption of 2015 League of
California Cities General Assembly Resolution No. 3.
4 By comparison, the City of Rolling Hills has adopted an ordinance banning short-term rentals.
Staff is researching whether or not the cities of Palos Verdes Estates and Rolling Hills Estates have
adopted regulations for or bans against such activity.
Al
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MEMORANDUM: League of California Cities 2015 Annual Conference Resolutions
September 15, 2015
Page 7
4. Resolution Calling Upon the Governor and the Legislature to Work with the
League of California Cities to Enact Legislation or to Otherwise Compel
Southern California Edison to Create a Program to Automatically Provide
Direct Compensation to its Customers Affected by Prolonged Electrical
Power Outages under Specified Circumstances.
As authorized by the City Council on July 21, 2015, the City of Rancho Palos Verdes
proposes a Resolution that would encourage California cities to work with the League to
enact and support legislation or to otherwise compel Southern California Edison (SCE)
to create a program to automatically provide direct compensation to its customers
affected by prolonged electrical power outages under specified circumstances, to be
modeled upon the "Safety Net" and "Service Guarantee" programs provided by Pacific
Gas & Electric (PG&E), and covering weather-related events and planned and
unplanned service disruptions. The Resolution is endorsed by the cities of Hermosa
Beach, Lomita, Palos Verdes Estates, Rolling Hills and Rolling Hills Estates.
The cities of the Palos Verdes Peninsula and South Bay have longstanding concerns
regarding the ineffective process by which SCE addresses residents' claims. SCE's
aged infrastructure has caused fires and repeated, prolonged power outages. The
prolonged power outages are the focus of this Resolution because they adversely affect
residents in a wide variety of ways.
The California Public Utilities Commission (CPUC) has the authority to impose penalties
on utilities, including for prolonged power outages, and did so in connection with an
extreme wind event that occurred in the Los Angeles area in 2011. However, the CPUC
is not authorized to award claims to residents. If a resident has a claim he or she
wishes to pursue, the resident must file a claim with SCE, along with documentation of
the financial loss that was incurred. If the claim is rejected, the resident then must file a
lawsuit against SCE. Staff believes that most residents will not want to spend the time
and effort to pursue small claims for monetary damages arising from extended power
outages, and will be forced to accept the routine rejection of claims by SCE.
SCE only awards claims for damages caused by its own negligence. This means that if
an extended power outage is caused by a weather-related event, the claim will be
denied. The SCE website also states that it will not cover claims for power surges.
Since SCE often moves power from one line to another to enable repairs and
maintenance, SCE can be the cause of the power surge, but residents still will not
receive compensation for those claims.
In summarizing the proposed Resolution, League Staff points out that the League
established extensive policy and guiding principles related to the electric industry in the
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MEMORANDUM: League of California Cities 2015 Annual Conference Resolutions
September 15, 2015
Page 8
early 2000s. However, there is no existing League policy that pertains to prolonged
power outages or compensating customers for damages incurred during a prolonged
power outage. Staff believes that SCE's repeated failures to address this issue for the
residents of the Palos Verdes Peninsula and South Bay warrants the establishment of
new League policy on this issue. In addition, major and repeated infrastructure failures
in Downtown Long Beach that occurred earlier this summer point to an issue that
extends beyond the Peninsula. Therefore, Staff believes that it is in the City's interest to
support 2015 League of California Cities General Assembly Resolution No. 4.
Recommendation: Staff recommends supporting the adoption of 2015 League of
California Cities General Assembly Resolution No. 4.
ADDITIONAL INFORMATION
If the City Council desires for Staff to further research issues related to any of these
Resolutions before providing direction to the Voting Delegate, there will not be another
regular City Council meeting before the League conference begins on September 30,
2015. Therefore, the City Council may wish to direct the Voting Delegate to take no
position on any Resolution on which the City Council cannot reach consensus this
evening.
Attachment:
• 2015 League of California Cities Annual Conference Resolutions packet
MALegislative Issues\League of California Cities\20150915_AnnualConferenceResolutions_StaffRpt.docx
�
•
LEAGUE
«.3C 1, T I E S
Annual Conference
Resolutions Packet
2015 Annual Conference Resolutions
San Tose
September 30 — October 2
01
INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall
be referred by the president to an appropriate policy committee for review and recommendation.
Resolutions with committee recommendations shall then be considered by the General Resolutions
Committee at the Annual Conference.
This year, four resolutions have been introduced for consideration by the Annual Conference and referred to
the League policy committees.
POLICY COMMITTEES: Four policy committees will meet at the Annual Conference to consider and take
action on the resolution referred to them. The committees are Administrative Services; Environmental Quality;
Housing, Community and Economic Development; and Revenue and Taxation. These committees will meet on
Wednesday, September 30, 2015, at the Hilton San Jose. The sponsors of the resolutions have been notified of
the time and location of the meetings.
GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, October 1,
at the San Jose Convention Center, to consider the reports of the four policy committees regarding the
resolutions. This committee includes one representative from each of the League's regional divisions, functional
departments and standing policy committees, as well as other individuals appointed by the League president.
Please check in at the registration desk for room location.
ANNUAL LUNCHEONBUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at
12:00 p.m. on Friday, October 2, at the San Jose Convention Center.
PETITIONED RESOLUTIONS: For those issues that develop after the normal 60 -day deadline, a
resolution may be introduced at the Annual Conference with a petition signed by designated voting
delegates of 10 percent of all member cities (47 valid signatures required) and presented to the Voting
Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the
General Assembly. This year, that deadline is 12:00 p.m., Thursday, October 1. Resolutions can be viewed
on the League's Web site: www.cacities.org/resolutions,.
Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League
office: mdesmondgcacities.or or (916) 658-8224
10
GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means for deciding policy
on the important issues facing cities is through the League's eight standing policy committees and the board of
directors. The process allows for timely consideration of issues in a changing environment and assures city
officials the opportunity to both initiate and influence policy decisions.
Annual conference resolutions constitute an additional way to develop League policy. Resolutions should
adhere to the following criteria.
Guidelines for Annual Conference Resolutions
I . Only issues that have a direct bearing on municipal affairs should be considered or adopted at the
Annual Conference.
2. The issue is not of a purely local or regional concern.
3. The recommended policy should not simply restate existing League policy.
4. The resolution should be directed at achieving one of the following objectives:
(a) Focus public or media attention on an issue of major importance to cities.
(b) Establish a new direction for League policy by establishing general principals around which
more detailed policies may be developed by policy committees and the board of directors.
(c) Consider important issues not adequately addressed by the policy committees and board of
directors.
(d) Amend the League bylaws (requires 2/3 vote at General Assembly).
2 11
LOCATION OF MEETINGS
Policy Committee Meetings
Wednesday, September 30
Hilton San Jose
300 Almaden Boulevard, San Jose
9:00 a.m. —10:30 a.m.: Environmental Quality
Housing, Community & Economic Development
10:30 a.m. — Noon: Administrative Services
Revenue and Taxation
General Resolutions Committee
Thursday, October 1, 1:00 p.m.
San Jose Convention Center
150 West San Carlos Street, San Jose
Annual Business Meeting and General Assembly Luncheon
Friday, October 2, 12:00 p.m.
San Jose Convention Center
150 West San Carlos Street, San Jose
3 12
KEY TO ACTIONS TAKEN ON RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
Number Kev Word Index Reviewinz Bodv Action
1 - Policy Committee Recommendation
to General Resolutions Committee
2 - General Resolutions Committee
3 - General Assembly
ADMINISTRATIVE SERVICES POLICY COMMITTEE
1 2 3
1 League Bylaw Amendment
ENVIRONMENTAL QUALITY POLICY COMMITTEE
1 2 3
4 Compensation for Prolonged Electrical Power Outages
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE
1 2 3
2 Overconcentration of Alcohol & Drug Treatment Facilities
3 Residential Rentals, Support for SB 593 (McGuire)
REVENUE AND TAXATION POLICY COMMITTEE
1 2 3
3 Residential Rentals, Support for SB 593 (McGuire)
Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on
the League website: www.cacities.org. The entire Resolutions Packet will be posted at:
www.cacities.org/resolutions.
4 13
KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued)
Resolutions have been grouped by policy committees to which they have been assigned.
KEY TO REVIEWING BODIES
1. Policy Committee
2. General Resolutions Committee
3. General Assembly
ACTION FOOTNOTES
* Subject matter covered in another resolution
** Existing League policy
*** Local authority presently exists
KEY TO ACTIONS TAKEN
A Approve
D Disapprove
N No Action
R Refer to appropriate policy committee for
study
a Amend+
Aa Approve as amended+
Aaa Approve with additional amendment(s)+
Ra Refer as amended to appropriate policy
committee for study+
Raa Additional amendments and refer+
Da Amend (for clarity or brevity) and
Disapprove+
Na Amend (for clarity or brevity) and take No
Action+
W Withdrawn by Sponsor
Procedural Note:
The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws.
A helpful explanation of this process can be found on the League's website by clicking on this link: Resolution
Process.
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2015 ANNUAL CONFERENCE RESOLUTIONS
RESOLUTION REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE
1. RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS REGARDING
SUCCESSION OF LEAGUE OFFICES TO FILL VACANCIES
Source: League Board of Directors
Referred to: Administrative Services Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, the League of California Cities° is a nonprofit mutual benefit corporation under
California law and, as such, is governed by corporate bylaws; and
WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for
issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests;
and
WHEREAS, on two occasions in recent years when vacancies arose in office of President of the
Board of Directors after disappointing reelection results, the vacancy was filled in accordance with the
League Bylaws by the First Vice President becoming President at the next Board meeting. This left a
vacancy in the office of First Vice President that was filled by the Board by advancing the Second Vice
President. This required recruiting a new Second Vice President that the Board chose, as provided in the
Bylaws, from the ranks of the Board itself, and
WHEREAS, in September 2014 the Board chose a new Second Vice President as usual and also
a new First Vice President who had not previously served as Second Vice President because the prior
Second Vice President was elected to county office and was no longer eligible. When the President was
not reelected in November 2014, the First Vice President advanced to the office of President with only
two months of experience as a League officer. Additionally, the Second Vice President was advanced to
First Vice President; and
WHEREAS, the Board of Directors believe this confluence of events twice in recent years
demonstrates a weakness in the succession of League offices required by the League Bylaws because the
accelerated advancement of officers in the event of a vacancy in the office of President may deprive the
junior officers and the League of adequate time to serve and develop expertise and relationships in the
offices of Second and First Vice President; and
WHEREAS, it is the unanimous recommendation of the League Board that the League
membership amend article VIII, section 4, of the League bylaws to allow the Immediate Past President to
fill an unexpected vacancy in the office of President for the unexpired term if the Immediate Past
President agrees. If not, the current succession process would occur; and now, therefore, be it,
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in San Jose, October 2, 2015, that article VIII, section 4 of the League bylaws be amended to
read as follows:
6 15
Article VIII: Officers
Section l: Identity.
The officers of the League are a President, a First Vice -President, a Second Vice-President/Treasurer, an
Immediate Past President, and an Executive Director.
Section 2: Duties of League Officers.
(a) President. The President presides at all League Board meetings and all General Assemblies.
The President has such other powers and duties as may be prescribed by these bylaws or the
League Board.
(b) First Vice -President. The First Vice -President carries on the duties of the President in the
President's temporary absence or incapacity. The First Vice -President has such other powers
and duties as may be prescribed by these bylaws or the League Board.
(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the
duties of the President in the President's and First Vice -President's temporary absence or
incapacity. The Second Vice-President/Treasurer has such other powers and duties as may be
prescribed by these bylaws or the League Board.
Section 3: Election.
The League Board elects the League's President, First Vice -President and Second Vice -President for
terms of one year. The election occurs at the League Board's meeting at the Annual Conference.
Section 4: Vacancies.
A vacancy in the office of President is filled at the next meeting of the League Board by the Immediate
Past President who shall serve for the unexpired term of office and, upon election of a new President at
the next Annual Conference, shall subsequently serve afull term as Immediate Past President. In the
event the Immediate Past President is not available to fill the vacancy n the office of the President, or
declines in writing, it shall be filled by the succession of the First Vice -President to that office. A vacancy
in the office of First Vice -President, or Second Vice-President/Treasurer, is filled for the un -expired term
by appointment by the League Board of a member of the League Board. A vacancy in the office of the
Immediate Past President is filled for the un -expired term by the last Past President continuing to hold a
city office.
Background Information on Resolution No. I
Source: League Board of Directors
Background:
In 2010 and again recently in 2014 the city official elected League President at the Annual Conference in
September was not returned to office by the voters of their city. This development triggered a series of
steps laid out in the order of succession in the League Bylaws that mandates that the First Vice President
advance to the office of President at the next Board meeting and that the Board fill the vacancy in the
office of First Vice President for the remainder of the term.
7 16
When the Board filled the League offices in September 2014, the Second Vice President could not
advance to First Vice President since she had been elected to the office of county supervisor and was
ineligible to serve. Consequently the Board selected two directors to fill both the offices of First Vice
President and Second Vice President. Neither had previously served as a League officer.
When the vacancy in the office of President occurred after the November general election, the First Vice
President advanced to the office of President after having served only two months as a League officer in
contrast to the normal advancement process of twenty-four months. The Second Vice President was
advanced to the office of First Vice President after having served only two months as a League officer.
The Board also chose a new Second Vice President.
At the February, 2015 meeting of the League Board of Directors, the Executive Committee recommended
unanimously an amendment to the order of succession in Art. VIII, Sec. 4 of the League Bylaws. The
proposed amendment would allow the most experienced member of the Executive Committee, the
Immediate Past President, to fill out the remainder of the term of office of a President who leaves the
office before its term is completed if the Immediate Past President is willing and able to do so. This
arrangement would allow the First Vice President to continue serving and to advance to the office of
President on the schedule envisioned by the League Bylaws. If the Immediate Past President were unable
or unwilling to serve, the existing order of succession would occur.
League of California Cities Staff Analysis on Resolution No. 1
Staff: Alicia Lewis
Committee: Administrative Services Policy Committee
Summary:
This resolution seeks to streamline the succession process when filling a vacancy for the office of
President of the Board of Directors. It would allow for the League bylaws to be amended, allowing the
Immediate Past President to fill an unexpected vacancy in the office of President for the remainder of the
vacating President's term. Changes to League bylaws require a 2/3 vote of the General Assembly.
Back
ground•
The past few years have yielded several occasions where the succession line for Board of Directors
leadership was disrupted due to disappointing election results and officers taking office outside of city
government.
In September 2014 the Board chose a new First and Second Vice President. The First Vice President had
not previously served as Second Vice President because the prior member was elected to county office
and therefore no longer eligible. When the President was not reelected in the November 2014, the First
Vice President advanced to the office of President with only two months of experience as a League
officer. Additionally, the Second Vice President was advanced to First Vice President. This transition far
outpaced the normal process for advancing as an officer on the Board of Directors.
Fiscal Impact•
This impact of this resolution would have no fiscal impact.
Comments:
The nature of this resolution is to ensure that there is a smooth succession process in place and that
current Vice -Presidents (First and Second) have ample time to prepare for their role as President. By
s 17
allowing the Immediate Past President to finish out the term of a vacated presidency the Board would
ensure there is minimal disruption to the workflow and goals of the association.
RESOLUTION REFERRED TO HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
POLICY COMMITTEE
2. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR
LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES
AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE
RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS
Source: City of Malibu
Concurrence of five or more cities/city officials: Cities: Artesia; Duarte; La Canada Flintridge;
Lakewood; Lomita; and Pico Rivera. City Officials: Los Angeles Council Member Mitchell Englander
Referred to: Housing, Community and Economic Development Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, residential group home facilities provide valuable rehabilitation and support services
for those who live in them, which benefits the greater society; and
WHEREAS, state departments license these facilities through several state agencies, and operators
are required to meet various state statutory requirements; and
WHEREAS, in addition to residents, these facilities often include live-in managers and other staff,
who provide a variety of services to residents which may include meals, workshops, training, counseling
and other services. These uses and services may also require frequent deliveries to be made to the
facility, shuttle van service provided to residents, and additional automobile traffic due to shift changes,
visiting hours, and other activities. Collectively, these uses often generate more noise and activity than
expected from a traditional single-family home; and
WHEREAS, the overconcentration of residential group homes changes the character of
neighborhoods as they become centers for the delivery of various services. This environment not only
creates a disruption to long-time residents, it can also diminish the quality of the residential treatment
experience for group home residents as the neighborhood assumes a more institutional setting; and
WHEREAS, the State and local governments operate in partnership regarding the location of these
residential care facilities in residential neighborhoods in order to carry out the policy of the State to
prevent overconcentration of such facilities in these neighborhoods; and
WHEREAS, the state has adopted a 300 foot separation requirement between facilities licensed by
the Department of Social Services,' but these siting standards have not been extended to apply to
facilities licensed by other state agencies such as the Department of Health Care Services or other
licensed or unlicensed facilities; and
WHEREAS, it is the policy of the State that each county and city permit and encourage
development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities
as are commensurate with local need;2 and
1 Health & Safety Code Section 1520.5
z Health & Safety Code Section 11834.20
9 18
WHEREAS, the California Fair Employment and Housing Act includes legal protection against
discrimination against persons with disabilities through zoning laws, denials of use permits, and other
actions authorized under the Planning and Zoning Law;3 and
WHEREAS, the Americans with Disabilities Act requires public entities to make reasonable
accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability;4
and
WHEREAS, there is no provision in State law that allows for the consideration of the impact of
alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods or the
overconcentration of these facilities as there is for residential group home facilities; and
WHEREAS, many community concerns could be addressed if State agencies communicated and
collaborated more with local governments; and
WHEREAS, the League of California Cities is committed to working in partnership with the
Legislature and Administration to address overconcentration of alcohol and drug abuse recovery and
treatment facilities in residential neighborhoods while respecting important legal rights of patients and
legal obligations established by State and federal law.
RESOLVED, at the League of California Cities General Assembly, assembled at the League
Annual Conference on October 2, 2015 in San Jose, that the League calls for the Governor and the
Legislature to work with the League and other stakeholders to address the following issues:
Explore options to address overconcentration of alcohol and drug abuse recovery and treatment
facilities in residential neighborhoods while respecting important legal rights of patients and legal
obligations of public entities.
Avoid the creation of institutional settings when multiple facilities are concentrated in a single
location, while also reducing noise, congestion and other concerns often raised by residents in
residential neighborhoods.
Determine the appropriate balance between not-for-profit (including county) facilities and for-profit
facilities in residential neighborhoods.
Background Information on Resolution No. 2
Source: City of Malibu
Background:
State law preempts local zoning regulation for licensed drug and alcohol treatment facilities. State and
federal anti -discrimination laws require cities to treat facilities that function as single housekeeping units
the same as any other "family." In many areas of the state, these facilities are impacting residential
neighborhoods because their concentration in certain neighborhoods tends to change the character of the
area from a residential neighborhood to more like a hospital and institutional zone in terms of the land use
impacts.
In order to avoid overconcentration in residential neighborhoods, most state -licensed group homes are
required by state law to meet certain distancing requirements from other licensed group homes. Alcohol
3 Government Code 12955(1)
4 42 U.S.C. Section 12134
10 19
and drug programs are treated differently under state law in this respect and no distancing requirements
apply. In fact, the state licensing agency does not impose any restrictions on the number of facilities in the
vicinity of one another and have been allowing licensees to obtain two licenses on one lot and to operate
integrated multi -structure facilities under the guise of multiple single-family residential
licenses. Similarly, state law currently requires private foster family agencies operating in residential
zones to be organized and operated on a nonprofit basis, while drug and alcohol programs and sober living
homes are permitted to operate as a for-profit business in residential zones. The addiction recovery
industry has become big business. There are now thousands of treatment facilities and sober living homes
in California and the number is rapidly increasing.
State policy sought integration of group homes into residential neighborhoods, not disintegration of the
residential character of the neighborhoods. A course correction is required to advance state
policy. Through zoning authority, cities can preserve the very neighborhoods that the community -care
model depends on to provide the therapeutic environment of a residential neighborhood. Distancing
requirements both respond to the biggest concern of local government (over concentration that impairs
neighborhood character) and advances state policy. In addition, limiting the zoning preemption to non-
profit programs will also assist in preserving the integrity of residential neighborhoods.
League of California Cities Staff Analysis on Resolution No. 2
Staff: Dan Carrigg
Committee: Housing, Community and Economic Development
Summary:
This Resolution calls for the Governor and the Legislature to work with the League and other
stakeholders to explore options to address overconcentration of alcohol and drug abuse recovery and
treatment facilities in residential neighborhoods while respecting important legal rights of patients and
legal obligations of public entities, avoid the creation of institutional settings when multiple facilities are
concentrated in a single location, and determine the appropriate balance between not-for-profit (including
county) facilities and for-profit facilities in residential neighborhoods.
Background:
The City of Malibu is sponsoring this resolution as a way of highlighting an issue that continues to create
zoning and land use problems in single-family neighborhoods. While this is not a new issue for the
League and its cities, and the League has existing policy in this area, the sponsors view the passage of this
resolution as helpful in restarting conversations with the Legislature and the Governor's Administration
that can hopefully lead to productive solutions.
HCED Committee member and Malibu Council Member Lou La Monte raised this issue at the
Committee's June meeting, where he presented a resolution that had recently been adopted by the
California Contract Cities Association on May 15. The Committee encouraged him to work with League
staff in his effort to draft a measure to be presented at the League's annual conference. League staff
worked with Mr. La Monte in this regard, mostly in helping ensure that the various "whereas clauses"
appropriately reflect the important legal rights of patients and obligations of public entities that
Legislators will expect to be balanced in any solutions to local land use issues.
Resolved Clauses from Recent CCCA Resolution:
NOW THEREFORE, the Members of the California Contract Cities Association hereby re -affirms its
commitment to cooperation among units of government that serve the people of California and urges the
11 20
California state legislature to enact legislation that empowers local government to preserve the
residential character of neighborhoods necessary to effect state policy regarding group homes as follows:
1. Amend the state law to provide the same distancing and notice requirements for ADP facilities as
it does for Community Care Act facilities;
2. Enact legislation providing standards that prevent overconcentration of unlicensed sober living
homes to maintain residential character of neighborhoods which has therapeutic benefit for the
occupants; and
3. Restrict the zoning preemption for licensed ADP facilities to those owned and operated by non-
profit organizations.
Fiscal Impact:
Minor, if any.
Comment:
1) The League has significant existing policy in this area. In the past the League has had internal
task forces and sponsored and supported various legislative proposals.
2) Making significant progress in this area has been difficult in the Capitol. Federal and state fair
housing and anti -discrimination laws and various court decisions have bearing on local authority
in this area. Patient advocacy groups and sympathetic legislators have been suspicious of any
solutions that they see as limiting patient access. Thus, any effort to develop solutions to address
local land use concerns must also remain sensitive to these issues and the perspective of
legislators that sit on committees with jurisdiction in these areas.
Existing League Policy:
Related to this Resolution, existing policy provides:
• The League supports permitting cities to exercise review and land use regulation of group home
facilities and residential care facilities in residential neighborhoods including the application of
zoning, building and safety standards. State and county licensing agencies should be required to
confer with the city's planning agency in determining whether to grant a license to a community
care facility. The League recognizes that better review and regulation of residential care facilities
will protect both the community surrounding a facility and the residents within a facility from a
poorly managed facility or the absence of state oversight.
• The League supports state legislation to require a minimum distance of 300 feet between all new
and existing residential care facilities. The League supports notification of cities about
conditional release participants residing in group homes.
RESOLUTION REFERRED TO HOUSING COMMUNITY & ECONOMIC DEVELOPMENT
AND REVENUE & TAXATION POLICY COMMITTEES
3. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593
(MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS
NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF
RESIDENTIAL UNITS
Source: City of West Hollywood
Concurrence of five or more cities/city officials: Cities of Healdsburg, Mammoth Lakes, Napa,
Piedmont, Santa Cruz, Santa Monica, Sonoma
Referred to: Housing, Community & Economic Development; Revenue & Taxation Policy Committees
Recommendation to General Resolutions Committee:
12 21
WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments
for tourist or transient use is a developing part of the sharing economy; and
WHEREAS, while these rentals provide additional options to the traveling public, and income to
affected property owners or tenants, it is also important that such rentals comply with local laws,
regulations and ordinances; and
WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments
for tourist or transient use can present numerous challenges to neighborhoods and adjacent property
owners and create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -
control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -
facto hotel rows; and
WHEREAS, where temporary rental of residential units for tourist or transient use is allowed in
conformance with local laws, regulations and ordinances, the applicable transient occupancy tax (TOT)
should also be collected. The temporary rental of residential units for tourist or transient use is in direct
competition with hotels, motels and other accommodations where guests pay the local TOT, so all such
uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police,
lifeguards, trash pick-up, park maintenance and other local public services which directly affect local
quality of life and the attraction of the community for a visitor; and
WHEREAS, the Thriving Communities and Sharing Economy Act, introduced as SB 593 by
Senator Mike McGuire (D-2, Healdsburg), prohibits the operators of transient residential hosting
platforms from advertising residential units for tourist or transient use if such use will violate any
ordinance, regulation, or law within the applicable city or county that opts into its provisions, and requires
the confidential quarterly reporting to the city or county of the following information (if the City or
County adopts an ordinance requiring the reporting of the data):
1. The address of each residential unit that was occupied for tourist or transient use during the
quarterly period.
2. The total number of nights the residential unit was occupied for tourist or transient use.
3. The amounts paid for the occupancy of the residential unit for tourist or transient use.
WHEREAS, the provisions of SB 593 bolster existing local authority to enforce local ordinances
and collect revenue associated with the temporary rental of residential units by allowing local agencies
access to the data necessary to enforce their ordinances and requiring short-term rental hosting platforms
to collect local TOT and remit it to the appropriate jurisdiction if short-term rentals are allowed in that
jurisdiction; and
WHEREAS, the provisions of SB 593 provide a helpful regulatory framework that cities and
counties may choose in lieu of exercising their existing authority; and
WHEREAS, the League of California Cities supports SB 593 because it recognizes and
preserves local flexibility to address the temporary rental of residential units in the manner that best fits
with the unique issues and conditions found in each local jurisdiction; and
WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to
collect TOT revenues from short-term rentals, to pay for vital local services; and
WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to
enforce local regulations designed to ensure the safety of the public and residents living adjacent to short-
term rentals; and
13 22
WHEREAS, despite any existing challenges faced by cities in regulating or collecting revenue
from the temporary rental of residential units, cities would oppose any effort to undermine their existing
local authority to regulate land use or collect local TOT revenue.
RESOLVED, at the League of California Cities General Assembly, assembled at the League
Annual Conference on October 2, 2015 in San Jose, as follows:
1. Land use regulation and local tax collection are best overseen and implemented locally.
2. While temporary rental of residential units can offer innovative opportunities for travelers
and property owners within the developing sharing economy, cities must retain flexibility to
address any problems raised by such uses in a manner that reflects the unique issues and
conditions in their communities.
3. Cities have existing legal authority and tools to regulate and collect revenue from the
temporary rental of residential units, and SB 593 provides the data and framework that
supports and bolsters such local efforts.
4. The League encourages cities to support SB 593.
11111H111
Background Information on Resolution No. 3
Source: City of West Hollywood
Background:
The sharing economy has quickly become common place in the everyday life of many individuals,
whether they participate in ride -sharing, have rented a short-term residential unit, or live in a community
were either is prevalent. The sharing economy has provided benefits to many, but also includes many
issues that must be addressed in order to allow these sharing practices to effectively incorporate into our
communities. Specifically, the short-term rental of residential units has grown exponentially within the
last several years throughout the State, and its impacts need to be addressed.
Presently, many cities and counties prohibit the renting of residences for less than 30 days. However,
these prohibitions are frequently ignored by Online Vacation Rental Businesses ("OVRBs"), causing
unwanted burdens on cities while reducing TOT collection from sanctioned hotels. The short-term rental
of residential properties presents numerous challenges within neighborhoods and to adjacent property
owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local
rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into
de -facto hotel rows. The rentals facilitated by OVRB's in these cities and counties go against the
expressed wishes of the residents.
For the cities and counties that do allow short-term residential rentals, most require hosts to register and
that transient occupancy taxes be paid. However, registration and payment of TOT in these cities and
counties are based on the owners of the short terms residential units voluntarily reporting their rental
activity. However, there has been a severe under -registration of hosts and underpayment of TOT. Only
10% of hosts in San Francisco have followed the city ordinance to register. Sonoma County has had to
spend in excess of $200,000 in an attempt to track down those rentals that are not paying the required
TOT under the ordinance. And Los Angeles is currently experiencing a rental housing shortage due in
part to the recent popularity of OVRBs.
14 23
Cities and counties have been unable to obtain this information due to the fact that OVRB's pass their
responsibility to individual homeowners. This lack of oversight and enforcement presents a gap in
accountability, and as a result, local laws and regulations are not being followed.
Sen. Mike McGuire's Thriving Communities and Sharing Economy Act (SB 593) will provide local
jurisdictions with the data and framework necessary to collect TOT revenues from short-term rentals, to
pay for vital local services; or conversely, the data necessary to help cities enforce local regulations
designed to ensure the safety of the public and residents living adjacent to short-term rentals, if those
rental are not allowed.
Specifically, SB 593 would: 1) Prohibit the operators of short-term residential hosting platforms from
advertising residential units for tourist or transient use if such use will violate any ordinance, regulation,
or law, within the applicable city that opts into the bill's provisions; 2) Require short-term rental housing
platforms to collect and remit applicable transient occupancy tax (if short-term rentals are allowed in the
city and the collection of TOT is required by the city); and 3) Require the confidential quarterly reporting
of the address of each residential unit that was occupied for tourist or transient use during the quarterly
period, the total number of nights the residential unit was occupied for tourist or transient use, and the
amounts paid for the occupancy of the residential unit for tourist or transient use.
The premise of SB 593 is simple: reinforce local laws already on the books. Where vacation rentals are
legal, the bill will assist local jurisdictions in their regulation and collection of Transient Occupancy
Taxes, (TOT) as more than 430 cities and 56 counties impose a TOT. Where vacation rentals are illegal
by local ordinance, the bill will prohibit online vacation rental businesses from making a rental.
The Thriving Communities and Sharing Economies Act will empower local control, provide desperately
needed funding for parks, local roads, fire and police services, and promote safe neighborhoods. SB 593
will require online vacation rental businesses to disclose information to cities and counties and/or collect
and disperse Transient Occupancy Tax dollars — projected to be in the hundreds of millions of dollars
statewide.
The emerging short term rental industry is an important segment of the state economic fabric and an issue
of statewide importance. SB 593 would assist in facilitating a shared economy that will be beneficial to
California's cities and their residents.
League of California Cities Staff Analysis on Resolution No. 3
Staff: Dan Carrigg
Committees: Housing, Community & Economic Development; Revenue & Taxation
Summary:
This Resolution seeks to highlight and increase support for SB 593 (McGuire), which is pending in the
Legislature. SB 593, titled the Thriving Communities and Sharing Economy Act, seeks to bolster local
efforts to regulate and collect transient occupancy taxes from the temporary rental of residential houses,
condominiums, rooms, and apartments for tourists and transient use. The League is currently in support
of this legislation.
Background:
The City of West Hollywood and other cities are sponsoring the resolution in an effort to expand
awareness of the issue among cities and encourage additional support for SB 593. They view the
15 24
legislation as helpful in bolstering local efforts to appropriately regulate a growing vacation rental
industry.
The author introduced SB 593 based upon his past experience as both former Mayor of Healdsburg and a
Sonoma County Supervisor. These areas are popular with tourists, and the affected communities are
facing increasing land use and revenue collection issues. SB 593 is currently on the Senate FIoor and is
considered a "two-year bill," meaning that it cannot move until January 2016.
In addition to the League, SB 593 has a broad range of support:
Support: American Federation of State, County, and Municipal Employees, AFL-CIO; American Hotel
and Lodging Association; Asian American Hotel Owners Association; American Insurance Association;
Association of California Insurance Companies; Andaz West Hollywood General Manager Lin Schatz;
Association for Los Angeles Deputy Sheriffs; City of Big Bear Lake; Borrego Springs Chamber of
Commerce & Visitors Bureau; California Apartment Association; California Association of Boutique and
Breakfast Inns; California Association of County Treasurers and Tax Collectors; California Apartment
Association; California Association of Code Enforcement Officers; California College and University
Police Chiefs Association; California Narcotics Officers Association; California Police Chiefs
Association; California Hotel and Lodging Association; California Labor Federation; California
Professional Firefighters; California State Association of Counties; California Teamsters Public Affairs
Council; Contra Cost County Treasurer -Tax Collector Russell Watts; Paul Desterman, Mindy Desterman;
El Dorado County Treasurer -Tax Collector C.L. Raffety; Douglas Engmann; Fairmont San Jose General
Manager Kelley Cosgrove; Hilton Los Angeles/Universal City General Manager Mark Davis; Hotel
Association of Los Angeles; Hotel Council of San Francisco; Humboldt County Convention and Visitors
Bureau; International Faith Based Coalition; League of California Cities; Long Beach Firefighter
Association; Los Angeles Alliance for a New Economy; Los Angeles Police Protective League; Town of
Mammoth Lakes; Marin County Council of Mayors and Councilmembers; Marriot Courtyard in Larkspur
General Manager Sam Pahlavan; Denise McNicol; Mendocino County Board of Supervisors; Mendocino
County Treasurer -Tax Collector Shari Schapmire; Mono County Board of Supervisors; Ashok Mukherje;
National Association of Mutual Insurance Companies; Neighbors for Overnight Oversight; Jenny Oaks;
Pacific Association of Domestic Insurance Companies; Riverside Sheriffs Association; Rural County
Representatives of California; Sacramento Hotel Association; San Diego County Hotel -Motel
Association; San Franciscans for Reasonable Growth; San Luis Obispo County Auditor -Controller -
Treasurer -Tax Collector James Erb; San Mateo County Central Labor Council; Santa Cruz County
Convention and Visitors Council; Service Employees International Union; ShareBetter San Francisco;
Sierra County Auditor -Treasurer -Tax Collector Van Maddox; Siskiyou County Treasurer -Tax Collector
Wayne Hammar; Sonoma County Auditor -Controller -Tax Collector David Sundstrom; Sonoma County
Board of Supervisors; City of Thousand Oaks; Tulare County Auditor -Controller -Treasurer -Tax Collector
Rita Woodard; Tuolumne County Treasurer -Tax Collector Shelley Piech; UNITE -HERE, AFL-CIO;
United Firefighter of Los Angeles City, Local # 112; Natasha Yankoffski.
Opposition: Airbnb; Consumer Watchdog; Internet Association, TechNet.
Fiscal Impact•
Transient Occupancy Taxes are a significant source of local revenue. Many cities and counties are
encountering challenges identifying units in their community that are being used as vacation rentals and
collecting associated revenue. Where vacation rentals are permitted by local ordinance, the passage of SB
593 can assist local efforts, thereby increasing local revenues to support local services.
Comment:
3) Earlier this year the League's Housing Community and Economic Development Committee and
Revenue and Taxation Committee reviewed an earlier version of SB 593 and initially adopted a
16 25
Support, If Amended position, which was concurred with by the League board. The author later
incorporated the League's amendments into the bill and the League issued a support letter on the
current version of the bill.
4) Local governments already have extensive authority to regulate land use and collect local taxes.
While vacation rentals may be an increasingly popular option for the traveling public, local
ordinances are beginning to adjust. The League supports SB 593 because it is crafted in away
that supports local authority in dealing with this emerging issue. Local agencies can either opt in
to its provisions or continue to address issues differently under their existing local authority.
Existin! League Policy:
Related to this Resolution, existing policy provides:
HCED Policy: The League believes that local zoning is a primary function of cities and is an essential
component of home rule.
Rev. & Tax Policy: Additional revenue is required in the state/local revenue structure. There is not
enough money generated by the current system or allocated to the local level by the current system to
meet the requirements of a growing population and deteriorating services and facilities.
RESOLUTION REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE
4. RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TO
WORK WITH THE LEAGUE OF CALIFORNIA CITIES TO ENACT LEGISLATION OR
TO OTHERWISE COMPEL SOUTHERN CALIFORNIA EDISON TO CREATE A
PROGRAM TO AUTOMATICALLY PROVIDE DIRECT COMPENSATION TO ITS
CUSTOMERS AFFECTED BY PROLONGED ELECTRICAL POWER OUTAGES UNDER
SPECIFIED CIRCUMSTANCES.
Source: City of Rancho Palos Verdes
Concurrence of five or more cities/city officials: Cities of Hermosa Beach, Lomita, Palos Verdes Estates,
Rolling Hills and Rolling Hills Estates
Referred to: Environmental Quality Policy Committee
Recommendations to General Resolutions Committee:
WHEREAS, local governments in California are often reliant upon investor-owned private utility
companies for the provision of electrical power to their citizens, businesses and institutions; and,
WHEREAS, the reliability and consistency of electrical supply and transmission is critically
important to local governments to ensure the protection of the public safety, health and general welfare of
communities; and,
WHEREAS, prolonged disruptions in electrical service can jeopardize the health of citizens who
have a variety of physical challenges and rely on a constant source of power for medical devices; the
safety of senior citizens who are particularly susceptible to injury if power outages persist for long periods
of time into evening hours; and the financial well-being of citizens, businesses and institutions that suffer
from the loss of food, medication and other perishable items during prolonged power outages; and,
WHEREAS, Southern California Edison (SCE), an investor-owned utility serving 15 million
customers in Southern and Central California, experiences frequent and prolonged service disruptions due
to both planned and unplanned outages, equipment failures and weather-related events, which adversely
affect local governments within its service area; and,
17 26
WHEREAS, SCE has been fined by the California Public Utilities Commission in the past due to
prolonged service disruptions, most recently being levied a $24.5 million penalty as a result of a
prolonged outage that resulted from a wind storm in 2011; and,
WHEREAS, although SCE provides a claim process by which its customers may seek
compensation for financial losses incurred as a result of prolonged service disruptions, SCE appears to
reject most such claims; which places an unreasonable burden upon its customers and creates a false
impression that customers will be compensated for their losses; and,
WHEREAS, at least one other investor-owned utility in California, Pacific Gas and Electric
(PG&E) in Northern and Central California, has existing programs and procedures in place ("Safety Net"
and "Service Guarantee") that automatically and directly compensate its customers when they are affected
by prolonged service disruptions, including disruptions due to weather events and other causes, without
the need for customers to seek compensation through a claim process; and,
WHEREAS, these PG&E programs provide for "Storm Inconvenience Payments" of $25 to $100
for weather-related service disruptions of forty-eight (48) hours or more; as well as $30 service credits in
instances of where the customer's electrical service is not restored within four (4) hours, or the customer
is not provided with a time for service restoration within four (4) hours; the customer is without electrical
service for twenty-four (24) hours or more in the event of unplanned service disruptions (unless the cause
of the disruption is completely beyond the utility's control); and the customer is without electrical service
as a result of a planned service interruption where less than seventy-two (72) hours' notice is provided to
the customer; and,
WHEREAS, local governments within SCE's service area believe that requiring SCE to
implement automatic and direct compensation programs for prolonged service disruptions, similar to
those implemented by PG&E, will provide tangible relief to citizens, businesses and institutions that are
adversely affected by prolonged outages, and will incentivize SCE to improve the reliability of its
equipment and service; and now therefore let it be,
RESOLVED by the General Assembly of the League of California Cities, assembled in San Jose
on October 2, 2015, that the League calls for the Governor and the Legislature to work with the League of
California Cities to enact legislation or to otherwise compel SCE to create a program to automatically
provide direct compensation to its customers affected by prolonged electrical power outages under
specified circumstances; and let it be,
FURTHER RESOLVED that such program shall be modeled upon PG&E's "Safety Net" and
"Service Guarantee" programs, and shall cover weather-related events and planned and unplanned service
disruptions.
Background Information on Resolution No. 4
Source: City of Rancho Palos Verdes
Background:
The City of Rancho Palos Verdes and other cities in the South Bay region of Los Angeles County have
longstanding concerns regarding the ineffective process by which Southern California Edison (SCE)
addresses residents' claims, and desires to obtain the League's assistance in correcting that process. On
the Palos Verdes Peninsula, SCE's aged infrastructure has caused fires and repeated, prolonged power
18 27
outages. The prolonged power outages are the focus of this request, because they adversely affect
residents in a variety of ways, particularly:
Residents who have a variety of physical challenges and rely on a constant source of power for
medical devices;
Residents who are senior citizens and are particularly susceptible to injury if power outages
persist for a long period of time into the evening hours; and,
Residents who suffer financial burdens as a result of losing food, medication and other perishable
items during prolonged power outages.
The California Public Utilities Commission (CPUC) has the authority to impose penalties on utilities,
including for prolonged power outages, and did so in connection with an extreme wind event that
occurred in the Los Angeles area in 2011. However, the CPUC is not authorized to award claims to
residents for prolonged electrical power outages. If a resident has a claim he or she wishes to pursue, the
resident must file a claim with SCE, along with documentation of the financial loss that was incurred. If
the claim is rejected, the resident then must file a lawsuit against SCE (probably in small claims court).
Most residents will not want to spend the time and effort to pursue small claims for monetary damages
arising from extended power outages.
SCE only awards claims for damages caused by its own negligence. This means that if an extended
power outage is caused by a weather-related event, the claim will be denied. The SCE website also states
that it will not cover claims for power surges. Since SCE often moves power from one line to another to
enable repairs and maintenance, SCE can be the cause of the power surge, but residents still will not
receive compensation for those claims.
Proposed Legislation
The proposed resolution calls upon the Governor and Legislature to enact legislation (or take other action)
that will provide rebates in flat amounts to SCE customers for extended power outages under specified
conditions. The proposed legislation could be modeled on the "Safety Net" and "Service Guarantee"
programs offered by Pacific Gas and Electric (PG&E), another California-based investor-owned utility,
which provides specific rebates to its customers based upon the type, cause and duration of service
interruptions. These penalties are designed to provide direct compensation to SCE's customers who are
adversely affected by prolonged power outages, and to incentivize SCE to restore the power as quickly as
possible. They also will eliminate the frustration that SCE's customers experience as a result of SCE's
existing claim process.
League of California Cities Staff Analysis on Resolution No. 4
Staff: Jason Rhine
Committee: Environmental Quality
Summary:
Resolution No. 4 calls upon the Governor and the Legislature to work with the League of California
Cities to enact legislation or to otherwise compel Southern California Edison (SCE) to create a program to
automatically provide direct compensation to its customers affected by a prolonged electrical power
outage under specified circumstances.
Background:
City of Rancho Palos Verdes asserts that the South Bay region of Los Angeles County has longstanding
concern regarding the ineffective process by which SCE addresses residents' claims associated with
19 28
prolonged electrical power outages. The City believes that SCE's aged infrastructure has caused fires and
repeated, prolonged electrical power outages. Prolonged electrical power outages can adversely affect
residents who have physical challenges and rely on a constant source of power for medical devices;
residents who are senior citizens and are particularly susceptible to injury if electrical power outages
persist for a long period of time into the evening hours; and, residents who suffer financial burdens as a
result of losing food, medication and other perishable items during prolonged electrical power outages.
According to information provided by SCE, SCE has the following customer compensation program:
Service Guarantee Program
SCE shall provide the following four service guarantees to its electric customers and provide a
$30 credit when these service guarantees are not met. Unless otherwise stated below, the four
service standards apply only to active service accounts served under the Residential, General
Service and Industrial, or Agricultural and Pumping rate schedules.
• Restoration of Service Within 24 Hours: SCE will restore electrical service within 24
hours of when SCE first becomes aware of a power outage. The first credit will be
applied if the outage exceeds 24 hours. Additional credits will be applied for each
succeeding 24-hour period that the customer is without service. Partial credits will not be
paid for outage periods less than a full 24-hour increment. Power outages associated
with a moderate, severe, or catastrophic storm condition are exempt from the program.
• Missed Appointments: When an appointment for a field service visit is made with a
customer for a specific appointment time, and the customer's presence is required for
establishing new service, a billing inquiry, or meter installation, SCE will arrive at the
agreed upon appointment within 30 minutes before or after the scheduled time.
• Notification of Planned Outages: SCE will provide customers with notification of a
planned outage at least three calendar days prior to the event. SCE will notify customers
either by US Postal Service mail, by phone, in-person or door-to-door through door
hangers, or by e-mail if SCE has the customer's e-mail address on file. If a planned
outage is rescheduled to a new date not specified in the original notice to the customer,
SCE will provide a new notice at least three calendar days in advance of the rescheduled
planned outage.
• Timely and Accurate First Bill: SCE will issue an accurate first bill to a new customer
of record within 60 days of establishing service. The bill and bill accuracy is defined
according to the terms and conditions of SCE's Rule 9 (Rendering and Payment of Bills)
and Rule 17 Section A (Adjustment of Bills and Meter Tests Usage) and Section D
(Adjustment of Bills for Billing Error). The service guarantee credit process will be
initiated once SCE is aware that the first bill was either inaccurate or issued beyond sixty
days of establishing service. The first bill for any given customer account is eligible for
only one service guarantee credit regardless of whether the bill is late, inaccurate, or both.
According to PG&E's website, PG&E offers the following customer compensation programs:
Compensation for Extended Outages
STORMS MESSAGE: If you are a residential customer and have gone without power for at
least 48 hours due to severe storm conditions, you may qualify for a payment under PG&E's
Safety Net Program. This program provides for the automatic payment of $25 - $100, which is
paid about 60 days following the storm outage. In some cases, processing may take 90-120 days
(heavy storm season).
Safety Net Program
We understand how inconvenient it is for customers who go without power for 48 hours or longer
due to severe events, such as a storm. That is why PG&E created the following:
20 29
• PG&E will provide payments to residential customers we determine were without power
for more than 48 hours due to a severe storm.
• The payments will range from $25 up to $100, depending on the length of the outage.
Eligibility
• The Storm Inconvenience Payment provision of the Safety Net Program applies to
residential customers only (rate schedules E-1, E-6, E-7, E-8, E-9, EM, ES, ESR, ET, and
EV); customers also may be enrolled in programs such as CARE and medical baseline.
• Businesses, agricultural accounts, multi -family building common areas, streetlights, and
all other customers other than residential customers are ineligible for Storm
Inconvenience Payments.
• Storm Inconvenience Payments will not be issued to customers in areas where access to
PG&E's electric facilities was blocked (mud slides, road closures or other access issues).
Also, if customer equipment prevented restoral or extended customer outage (ex.
weatherhead, service drop, etc.).
• The outage must have occurred during a major weather-related event that caused
significant damage to PG&E's electric distribution system.
• The outage must have lasted more than 48 hours.
• Storm Inconvenience Payments are in increments of $25 ($100 maximum per event).
Payment levels are based on the length of the customer's outage:
0 48 to 72 hours $25
0 72 to 96 hours $50
0 96 to 120 hours $75
0 120 hours or more $100
• Both bundled -service and direct -access residential customers qualify for Storm
Inconvenience Payments.
• Storm Inconvenience Payments will be issued to the customer of record.
• A customer with multiple residential services such as a primary residence and a vacation
home is eligible for Storm Inconvenience Payments at each location where there was a
storm -related outage of more than 48 hours.
• Customers must have an open account (service agreement) in good standing at the time of
the outage and at the time payment is issued (generally 45 to 60 days after the event).
• For master -metered accounts such as mobile home parks, the customer of record will
receive the Storm Inconvenience Payment for the master meter only.
Service Guarantee Program
Gas and electricity are essential to keep your life running smoothly, safely and efficiently. When
your service is interrupted or in need of repair, you expect a reasonable and timely response. To
ensure that we provide this to you, PG&E has implemented service guarantees, which spell out
our commitment to prompt customer service for our customers:
• Guarantee 1: Missed Appointments: PG&E will meet the agreed upon appointment
time set with our customer during contact with our Call Center or automatically credit
your account $30.
• Guarantee 2: Non -Emergency Investigations: PG&E will investigate non -emergency
situations (check meter) and communicate results to a customer within seven days of a
customer's request. Check -meter appointments between October 15 and December 15 of
each year will be scheduled within 10 workdays. If an off-site meter test is required,
PG&E will communicate the results to the customer within 30 days. If access is required
to the customer's premises, then an appointment is necessary. Failure to meet the service
guarantee will result in a $30 credit to the customer's account. An automatic credit to the
customer's account would apply only if PG&E misses a scheduled appointment date. If
21 30
the appointment is scheduled beyond five workdays, the customer must notify PG&E to
receive the credit. If PG&E's records show that such scheduling was at the customer's
request, the credit does not apply.
• Guarantee 3: Emergency: The Emergency Service Guarantee is not currently in effect.
• Guarantee 4: Complaint Resolution: PG&E will decide on a course of action to
resolve a complaint and communicate it to the customer within three working days.
PG&E will communicate the complaints resolution to the customer within 10 working
days, or 30 working days when an off-site meter test is required or an on-site home audit
is requested. Failure to meet the service guarantee will result in a $30 credit to the
customer's account.
• Guarantee 5: New Meter Installations: PG&E will meet the agreed upon date for new
service meter installations and service turn -ons or automatically credit your account $50.
• Guarantee 6: Electric Service Disruptions: PG&E will respond to customer calls
reporting electric service interruptions within four hours by restoring service; or by
informing the customer, upon request, when service restoration is expected; or
automatically credit your account $30.
• Guarantee 7: Electric Service Restoration: PG&E will restore electric service within
24 hours, unless the cause is absolutely beyond our control, or we will automatically
credit your account $30 for each 24-hour period you are without service.
• Guarantee 8: Commencing Bills: PG&E will issue an accurate commencing bill to a
new customer account within 60 days of service initiation, or we will automatically credit
your account $30.
• Guarantee 9: Planned Interruptions: PG&E shall provide at least three days' notice
of a planned interruption in service. Failure to meet the service guarantee will result in a
$30 credit to the customer's account. This guarantee will require a customer call and
PG&E investigation to determine if PG&E's commitment to notify customers 72 hours in
advance of planned interruptions was missed. Customers notified of planned service
interruptions 72 hours in advance may have their service interrupted on multiple
occasions on the date(s).
• Guarantee 10: Service Termination in Error: Impacted customers will be eligible for
a $100 credit adjustment if PG&E terminates service in error.
Fiscal Impact:
No Impact on City Funds. Compelling SCE to create automatic direct compensation programs modeled
on PG&E's "Safety Net" and "Service Guarantee" programs would have no direct fiscal impact on cities
because the "Safety Net" program is limited to residential customers and the "Service Guarantee"
program is very similar to SCE's existing program. However, residential customers would receive direct
payments in specified circumstances for prolonged electrical power outages.
Comment:
• The City of Rancho Palos Verdes, in sponsoring this resolution, does not believe that SCE has an
effective process to address customer damage claims associated with prolonged electrical power
outages. According to the resolution, the City of Rancho Palos Verdes would like to compel SCE
to create a program to automatically provide direct compensation to its customers affected by
prolonged electrical power outages under specified circumstances. Additionally, the program
would be modeled upon PG&E "Safety Net" and "Service Guarantee" programs, and shall cover
weather-related events and planned and unplanned service disruptions.
• What is SCE's process to provide relief to customers that have experienced a prolonged
electrical power outage? As part of SCE's four point service guarantee program,
customers experiencing an electrical power outages exceeding 24 hours, may qualify for
a $30 credit under specific conditions. However, prolonged electrical power outages
22 31
caused by a moderate, severe, or catastrophic storm condition are exempt from the
program._
• How does PG&E provide relief to customers that have experienced a prolonged
electrical power outage? Like SCE, PG&E has a multi -point service guarantee program.
that provides customer credits that range from $30 -$100 for a wide range of activities.
In addition, PG&E has a specific, weather related program, the "Safety Net" program,
which provides automatic, direct payment to customers experiencing electrical power
outages, in excess of 48 hours.
• What type of customer compensation program does the Resolution call for? The
Resolution calls for a customer compensation program that expands beyond PG&E's two
existing programs. Under the Resolution, the City of Rancho Palos Verdes would like to
compel SCE to adopt a program based on PG&E's "Safety Net" and "Service Guarantee"
programs, and also cover weather-related events and planned and unplanned service
disruptions.
• Do these programs really provide funds to residential customers? While the Resolution
holds PG&E's programs in high esteem, after hearing from a number of city officials in
PG&E's service territory, it seems that there is a great deal of skepticism around the
effectiveness and utilization of their residential compensation programs. Is PG&E's
program really working as described?
• What about California's other Investor Owned Utilities (IOU) and municipal utilities?
The Resolution is directed at SCE. However, the committee may want to consider the
implications of the Resolution on the other investor owned utilities and municipal
utilities.
• Is legislation the best approach? The Resolution calls upon the Governor and the Legislature to
work with the League of California Cities to enact legislation or to otherwise compel SCE to
create a program to automatically provide direct compensation to its customers affected by a
prolonged electrical power outage. Given that the California Public Utilities Commission
regulates all of the investor owned utilities, it may be more appropriate to seek a regulatory
change rather than a legislative proposal.
• More information to come. The Resolution could have broader implications beyond SCE and
PG&E. Prior to the Environmental Quality Policy Committee and General Resolutions
Committee meeting at Annual Conference, League staff will provide additional background
information on the following:
o Other IOU electrical power outage compensation programs.
o Municipal utility electrical power outage compensation programs.
o Role of the California Public Utilities Commission.
Existing League Policy:
In response to the energy crisis of 2001, the League of California Cities established extensive policy and
guiding principles related to the electric industry. However, there is no existing policy that pertains to
prolonged power outages or compensating customers for damages incurred during a prolonged power
outage.
23 32
LETTERS OF CONCURRENCE
Resolution No. 2
Overconcentration of Alcohol & Drug Treatment Facilities
24 33
"Service Builds Tomorrow's Progress"
July 15, 2015
THE '' �. CALIFORNIA
3
President Stephany Aguilar
League of California Cities
1400 K Street Suite 400
Sacramento, CA 95814
Fax: (916) 658-8240
1.8747 CI,ARKDALE AVENUE, ARTESIA, CALIFORNIA 90701
Telephone 562 / 865-6262
FAX 562 / 865-6240
Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO
PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF
OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT
FACILITIES IN RESIDENTIAL NEIGHBORHOODS
Dear President Aguilar,
I, Mayor Pro Tem Victor Manalo, City of Artesia wish to support the League of California
Cities resolution for legislation to preserve therapeutic environments for group homes and
avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment
facilities in residential neighborhoods to be adopted on October 2, 2015 at the Annual League
of California Cities Conference in San Jose, California.
In the interest of continuing local control, land use and planning and home rule, we believe
the Governor and Legislature should respect the individuals' legal rights. The California
Fair Employment and Housing Act includes legal protection against discrimination against
persons with disabilities through zoning laws, denials of use permits, and other actions
authorized under the Planning and Zoning Law; and the Americans with Disabilities Act
requires public entities to make reasonable accommodations in policies, practices, or
procedures to avoid discrimination on the basis of a disability. There is no provision in State
law that allows for the consideration of the impact of alcoholism or drug abuse recovery or
treatment facilities on single-family neighborhoods or the overconcentration of these
facilities as there is for residential group home facilities.
25 34
This resolution respectfully points out that community concern could be addressed if state
agencies communicated and collaborated more with local government. Thank you in advance
for considering, supporting and adopting the resolution at the annual conference on October
2, 2015.
Sincerely,
Victor Manalo
Mayor Pro Tem
City of Artesia
26 35
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Stephany Aguilar, President
League of California Cities
1400 K Street, Suite 400
Sacramento. CA 95814
Fax: (916) 658-9240
may—
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Davae'Ll 414,-oune
Re: A Resolution of the League oft: alifort Citics calling for legislation to preserve
th,crapcutic envirortments for group homes, and avoid impacts of overconccntra-tion of
alcohol and drug abuse rccovcry and treatment &cff ities in residential ncighbcwho
ods',
-Ile City of Duartc wishes, to support the Lcaguc of California Cities' resolution for lcgislatinrs k)
prcsL,rve thersprutic environments for group homes, and avoid impacts of Dverconcentration of
alcohol and drug abusc, recovery and treatment facilities in resid=tial neighborhoods, to be adopted
on October 2. 2015. at the, Annual League of California Cities Confi!rence in San Jose, California.
In the interest of continuing local control, land use and planning,, =d home rule, we believe he
Governor and Legislature should respect th-c indi%ridusls' legal rights- 'Me California Fair Ern -
ploys ew md Housing Act includes legal protection against discrimination against persons with
disahilities through zoning law , denials of use permits, and o action,, authorized under the
Planning and Zoning Law. The Americans vAth Dis4bilifics Act requires public entifics, to Tnake
reitsonable accommodations ia poticits, practices, or procedures to avoid discrimination on the
basis of a disability. T is no provision in State la -Ar that allows For the consideration of the
impact of alcoholism or drug abw;e recovery or treatment facilities on singletamily neighborhoods,
or the overcancentration of the facilifics, a3 there is for residential group home facilitics.
This resolution rcspcctfutly points ou: that community concern could be addressed if State agencies
communicatediand collaborated more. N-.itb local government Thank you in advisee for consideTing.,
wWrting,and adopting the resolution at the amual conferc= on October 2, 2015-
Ti&-'Itel Paras-Caracci
Mayor
July 15, 2015
O
President Stephany Aguilar
League of California Cities
1400 K Street Suite 400
Sacramento, CA 95814
Fax: (916) 658-8240
City Council
David A. Spence, Mayor
Jonathan C. Curtis, Mayor Pro Tem
Michael T. Davitt
Leonard Pieroni
Terry Walker
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE
THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF
ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS
Dear President Aguilar:
I am a City Council member of the City of La Canada Flintridge and wish to express my support of the
League of California Cities' resolution for legislation to preserve therapeutic environments for group
homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment
facilities in residential neighborhoods. Said resolution is scheduled for consideration on October 2, 2015
at the Annual League of California Cities Conference in San Jose, California.
In the interest of continuing local control, land use and planning and home rule, I believe the Governor
and Legislature should respect individuals' legal rights. The California Fair Employment and Housing Act
includes legal protection against discrimination against persons with disabilities through zoning laws,
denials of use permits, and other actions authorized under the Planning and Zoning Law; and the
Americans with Disabilities Act requires public entities to make reasonable accommodations in policies,
practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State
law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment
facilities on single-family neighborhoods or the overconcentration of these facilities as there is for
residential group home facilities.
This resolution respectfully points out that community concern could be addressed if state agencies
communicated and collaborated more with local government.
Thank you in advance for considering, supporting and adopting the resolution at the annual conference
on October 2, 2015.
Sincerely,
Michael T. Davitt
Council Member
CCCA Executive Board Member
1327 Foothill Boulevard . La Canada Flintridge • Ca2trnia 91011 . (818) 790-8880 • FAX: (818) 790-7536 37
'' J.A�j.'a 11
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July 21, 2015
President St Aguilar
T,cague ofCalifornia Cities
1400 K Street Suite 400
&wja=nto, California 95814
Re, Resolution for 1-4slation to Preserve Tlmrapcutic Environments for- Group I loines
and Avoid Impacts of ONmoncentration of Alcohol and Drug Abuse Recovery and
Treatment facilities in Residential Neigh
Dcar President Aguilar
The City of Lakewood suppurts the League of California Cities' restilutiort for legislation to
preserve th=pcutic environments for group horax cs and avoid impacts of overcoaccnitration of
alcohol and drug abuse recovery and (rcatment facilities in residential ncighborho od.s. We.
support that this resolution l pted at the Annual League of Cali fornia Cities Con, fercncc on
Octobcr 2, 2015 in San Jose, Califoniia,
Lakewood recon Lr= that rcsidcnfial group home facilities provide valuable services for those
Ato live in th=, However, we aLso rccognin that these facilities often generate more noise and
activity than expected front a traditional single-family home, and That owrconcentration of thcsc
homes mi change the characteT of Ox neighborhoods when: they are situated, Ovcrconcentration
can occur be se state agencies that ovcrsce these homes have different siting standards (facilities
licensed by the state rt rt of Social Services rcqui rc a 300 Wt separation between
facilities, but those facilities licensed by other state agencies, such as the Department or Alcohol
and Drugs Programs, do not have such a m4uirement). This resolution will sock to address, via
legislation, overconcentration of alcohol and dnig treatment prevention ikilities in residential
neighboriviods while respecting important legal rights of patients and legal obligations of public
cnfitim
Thank you for y(no consideration, support and adoption of this important resolution at the
TA:aguc Annual Conferenoc,
sincercly,
Jeff Wood
Mayor
Lakewood
Nm �t-
- v,,a' ,
0, > ",ark Av c ma c, I �i k c -r, ou e- t.'A 9071' " � - 9 1 - Ft% 0,
A,
s
MITC'11ELL ENGLANDER
Los ANGFLES CITY COUNCH,tii,'mym,�, *T%vii-f.-j.jt DJN,TRIC'T
.laxly; 24,2015
President Stephat)y Aguilar
League of California C -)ties
1400 K Street Suite 4)0
Sacramento, CA 95814
Fax: (916) 658-8240
Re: A RF,,SOI,U'I'ION OF'I'HELEACT UE OF CALIFORNIA CH'IES CALLING FOR
1,E(;ISI,A'I'ION'1'0 PRESERVE THERAPE U1IC' ENVIRONMENTS FOR GROUP HOMES ANT)
AVOID IMPAC'I'S OF OV RC OF ALCOHOL AND DRUG ABUSE
RECOVERY AND 1'REA1'MEN'1'FA(,'.11X1*1ES IN RESIDENTIAL NEIGHBORHOODS
Dear Presidejit,Agnular,
1, Los Angeles City Councilmeniber Mitchell Englander, w-lsb to support the League ofCalifornia Cities
resolution for legislation to preserve therapeutic environments for group homes, and avoid impacts of
overcoricentration of alcolioland drug abuse recovery,, and treatment facilities in residential
Z7
neighborhoods to be adopted on October 2,2015at the AnFlUal League of Califoriiia Cities Conference
in San Jose, California.
In the interest of continuing local control, land use and planning and home rule, we believe the Governor
and Le, i sl attire should respect the individuals' legal rights. The California Fair limploymentand
Housing Act includes ](,-,-,,al protection aPinst persons with disabilities through
zoninf, laws, denials of use permits, and other actions authorized under the Planning and Zoning T-aw;
and the Arnertcans with Disabilities Act requires public entities to make reasonable accorrilliodatiolls in
policies, practices, or procedure,,, to avoid discrimination on the basis of a disability,'fhere is no
provision in State law that allows for the consideration of the impact of alcoholism or drug abuse
recovery or treatment facilities on single-family neighborhoods or the overconcentration of these
facilities as there is for residential -roup home facilities.
-Fhis resolution respectfully points out that community concern could be addressed if state agencies
COMMUnicated and collaborated more Nvith local government. '['hank you in advance for considering
supporting g and adopting the resolution at the annual conference on October 2, 2015,
t�ll
Sincerely,
'NI1 rciELI "LANDER
President Pr( empore,
Chair, ("it\, of Los Angeles Public Safety Committee
�
j t IY I ia I I ( )ff ick, - -NX t N. Sp r ill Rot nu 403 0 LiAi 3gc I L-�. CA 400 12 * P] xt ^ f'2!. ? l'. 7( 11 ^ 1 '2,l ) 4
39
Z
0
CITY COUNCIL
HENRY SANCTMZ M
Em <'fi�XLEY
MJCH kZL C. SAVIDAN
BEN TRc,gINA
MARK '4'rARONEK
,July 23.2DI:5
President Stephany Aguilar
Lesgue Uf cakfulnia Fides
1+40 K 1r :Sulte 400
Sacramento, CA 135814
Fax; (916) B5&8240
CITY OF LONUT'A
AD14' IN=STRdLTION
WCHr IL ROCK
MY MANAiOEa
RE: A RESOLUTION OF 773E LEAGUE OF CAILIFGRNIA CITIES CALLING FOR LEGISLATH)N TO
MESERVE'MERAPEUTIC ENVIRONMENTS FOR GROUP HOMES A140 AVOID IMPACTS OF
OVEItCONCEHiRAMON OF ALCOHOL AlrtD DRUG .ABUSE RECOVERY ,AND TREATMENT
FAZ Lt77ES IN RESIDENTIAL NE143115WHOODS
Dear Pldeo Ag Alar
I. Mayon Henry Sanchez, Jr„ City of L0m1W will to Up wt S* League of Uifxnia Cities r=Dlution for
legislation to pv"Ne therapeutic envbwrnents for group tkornes and grid impacts of overConr rb-abon
of alcohol and adnug abuse rmwovery and treatrrrefrt facifrdes in residential nei~oods to he adeipted
on doter2, 2015 at aw Anrwa[ League of CaWmiia Cibas Eonferer irp Seri ,lot.. , Cdifo mfr,
In the interest of corrtinu&V loKml c*ntiml, Land us. and planning avd home rule, we beieve the Governor
and LegisWire Should r pec# the Wiiuiduals' 109:01 rigl ts. The California Fair Employment and Housing
Act includes LWI protan .against diserimin�n against persons witch disabilities through zoning W wwS,
denials of use permits, and other mins authors under the Planning and Zoning Law, and b -M
Arnericarts v ittt DisabOities A,c# reqLdres pudic anti s to mala reasonaUe iswornmodations in 046s,
pm:as, or procadurem to avoid discrimination on the lbasis of a disabifr€y. There is no prcviesion in Ste
law that allow% for the considerabon of the i TWa# of akoWlisro or drug abuse recowry or 4reati-nent
rli#ies on singlefamity neighborhoods or the overoanmnVaVon of rhes* f ilius as Viem is for
residential group horrre facditkn,
This resolution re!spectfulty prints out that ccrnmunity concern codld be add mssd if state agencies
oommunicated and aallaborated more with local gavemmrent. Thank you in advance for con5E1er ,
Supporting arra aftptitV the n aluforr at the annuaa wonfer on +meter 2, 2015.
-sirneerdy.
Henry o*, Jr.
Mayor, City of Lomita
+.e; KeW Lofing, Qwifomia Cootmct Cities Asso atii", kjliQconrrRV4i§Mxwn
Crri HALL OFIR 'E5 -P.O. B0)K 339 - 24-ILXI I*iAR'ONNE AVEKUE. LO?yirrA • CALTOR dM 907191
0 t 0) 325-7 L 10 - IrA X t } 10} J0.5-4024 • www.1umitaxx>-gVoCytv1j
31 40
July 15, 2015
City of Pico Rivera
OFFICE OF THE CITY COUNCIL
6615 Passons Boulevard - Pico Rivera, California 90660 • (562) 801-4371
web: ww€+'Piro-riverrorg �-rrr��rJ; sf�r�rzt�pren-rr'z�cau.crr�
Stephany Aguilar, President
League of California Cities
1400 K Street Suite 400
Sacramento, CA 95814
Fax: (916) 658-8240
GREGORY SALCiDO
Mayor
Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR
LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP
HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL
AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN
RESIDENTIAL NEIGHBORHOODS
Dear President Aguilar,
I, Gregory Salcido, Mayor of the City of Pico Rivera wish to support the League of
California Cities resolution for legislation to preserve therapeutic environments for group
homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and
treatment facilities in residential neighborhoods to be adopted on October 2, 2015 at the
Annual League of California Cities Conference in San Jose, California.
In the interest of continuing local control, land use and planning and home rule, we
believe the Governor and Legislature should respect the individuals' legal rights. The
California Fair Employment and Housing Act includes legal protection against
discrimination against persons with disabilities through zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning Law; and the
Americans with Disabilities Act requires public entities to make reasonable
accommodations in policies, practices, or procedures to avoid discrimination on the
basis of a disability. There is no provision in State law that allows for the consideration
of the impact of alcoholism or drug abuse recovery or treatment facilities on single-
family neighborhoods or the overconcentration of these facilities as there is for
residential group home facilities.
32
a
Stephany Aguilar, President
League of California Cities
Legislation to Preserve Therapeutic Environments
for Group Homes
Page 2
This resolution respectfully points out that community concern could be addressed if
state agencies communicated and collaborated more with local government. Thank you
in advance for considering, supporting and adopting the resolution at the annual
conference on October 2, 2015.
IMM
33 42
LETTERS OF CONCURRENCE
Resolution No. 3
Residential Rentals, Support for SB 593 (McGuire)
34 43
CITY OFHEALDSBURG
FORNIA+'
'`jam. SIN
July 29, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
CITY OF HEALDSBURG
ADMINISTRATION
401 Grove Street
Healdsburg, CA 95448-4723
Phone: (707) 431-3317
Fax: (707) 431-3321
Visit us at www.ci.healdsburg.ca.us
RE: RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE)
AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD
AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST
OR TRANSIENT USES
Dear President Aguilar:
The City of Healdsburg supports the proposed resolution related to the Sharing Economy and concurs in the
submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting
on October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect
applicable taxes from transient residential rentals as part of the emerging "shared economy".
The short-tenn rental of residential houses, rooms, condominiums, and apartments present numerous challenges
within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking,
privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some
cases turn residential neighborhoods into de -facto hotel rows.
Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy
tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other
accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the
same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park
maintenance and other local public services which directly affect local quality of life and the attraction of the
community for a visitor.
The City of Healdsburg believes SB 593, as referenced in the proposed resolution, acknowledges existing local
authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding
short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of
exercising their existing authority.
For these reasons, the City of Healdsburg supports the League's Resolution.
Sincere
SK McCaffery, Mayor
City of Healdsburg
cc: Meg Desmond, League of California Cities, mdesmond@cacities.org
John Leonard, City of West Hollywood, jleonard@weho.org
35 44
July 30, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
RE: LETTER IN SUPPORT OF A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES
SUPPORTING SB 593 (MCGUIRE)
Dear President Aguilar:
The Town of Mammoth Lakes supports the proposed resolution related to the Sharing Economy
and concurs in the submission of the resolution for consideration by the League of Cities
General Assembly at its annual meeting on October 2, 2015. The Town of Mammoth Lakes is a
small, rural community in the Eastern Sierra Region of about 8,000 full-time residents.
Mammoth Lakes is a tourist destination, servicing hundreds of thousands of visitors each year.
We are geographically isolated from populated areas by several hundred miles and are
supported by our one primary industry — tourism.
The League's proposed resolution reaffirms and acknowledges local efforts to effectively
regulate land use impacts and collect applicable taxes from transient residential rentals as part
of the emerging "shared economy".
The short-term rental of residential houses, rooms, condominiums, and apartments present
numerous challenges within neighborhoods and to adjacent property owners. They may create
additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws,
and decrease available housing stock. In Mammoth Lakes, with a limited police force that is not
staffed 24 -hours a day and a code enforcement staff of one, enforcement of these types of
issues can be very challenging.
Where the temporary rental of residential units is allowed by local regulation, the associated
transient occupancy tax (TOT) should also be collected. These units are in direct competition
with hotels, motels and other accommodations where guests pay the local transient occupancy
tax, so all transient rentals should be subject to the same tax. The revenues generated support
local services, including but not limited to, public safety, snow removal, maintenance of public
parks and facilities, road maintenance, and recreation programs, which directly affect local
quality of life and the attraction of the community for a visitor.
This proposal will make it much easier for communities such as Mammoth Lakes that depend
on revenue from TOT to enforce existing rules and regulations and collect TOT as specified in
our Municipal Code. Mammoth Lakes relies heavily on TOT collection to operate the Town
government; nearly 65% of the Town's operating budget is funded by the collection of TOT.
36 45
Collection of TOT is so important to the Town that we have three full-time employees dedicated
its enforcement. This includes making sure that people remit their taxes on time, but more
importantly it is tracking down violators who are renting their units without an approved permit,
renting units in locations where the zoning does not permit it, and/or not remitting their taxes to
the Town. Enforcement is made much more difficult by the use of online vacation rental
business (OVRB) websites where unit numbers and addresses are typically not listed and often
owners do not require the payment of TOT. The data proposed to be collected and provided to
us by OVRBs will be of great value as we manage transient rentals in our community.
The Town of Mammoth Lakes believes SB 593, as referenced in the proposed resolution,
acknowledges existing local authority in this area and provides the necessary data for local
jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful
regulatory framework that local governments may choose in lieu of exercising their existing
authority.
For all of these reasons, the Town of Mammoth Lakes supports the League California Cities'
Resolution.
John lentworth
Councilmember
Town of Mammoth Lakes
cc: Meg Desmond, League of California Cities, mdesmond@cacities.org
John Leonard, City of West Hollywood, jleonardCa�weho.orq
37 46
MAYOR AND CITY COUNCIL
July 27, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
Dear President Aguilar:
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE)
AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND
FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR
TRANSIENT USES
The City of Napa supports the proposed resolution related to the Sharing Economy and concurs in the
submission of the resolution for consideration by the League of Cities General Assembly at its annual
meeting on October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and
collect applicable taxes from transient residential rentals as part of the emerging "shared economy".
The short-term rental of residential houses, rooms, condominiums, and apartments present numerous
challenges within neighborhoods and to adjacent property owners. They may create additional noise,
traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available
housing stock and in some cases turn residential neighborhoods into de -facto hotel rows.
The City of Napa's zoning ordinance defines a "Rental Housing Shortage" as a vacancy rate less than
5%. A vacancy rate of less than 2% is defined as "Severe". We are currently at severe levels. The City's
vacancy rates have continued to decline from 4% in 2009 to less than 2% today. Our Housing Element
recognizes the issue of rising housing costs in Napa and its impact on the goal of maintaining Napa's
quality of life by balancing the availability of housing with other environmental considerations. Maintaining
and protecting our housing stock is of utmost importance to the City of Napa.
Where the temporary rental of residential units is allowed by local regulation, the associated transient
occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels
and other accommodations where guests pay the local transient occupancy tax, so all such uses should
be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards,
trash pick-up, park maintenance and other local public services which directly affect local quality of life
and the attraction of the community for a visitor.
The City of Napa believes SB 593, as referenced in the proposed resolution, acknowledges existing local
authority in this area and provides the necessary data for local jurisdictions to enforce their regulations
City Hall: 955 School Street I Mailing Address: PO Box 660 Napa,California 94559 1 Phone (707) 257-95001 www.cityofnapa.org
Page 1 of 2
38 47
regarding short-term residential rentals and a helpful regulatory framework that local governments may
choose in lieu of exercising their existing authority.
For the reasons as stated above, the City of Napa supports the proposed Resolution.
Sincerely,
l z.e c..P.�
Jill Techel
Mayor
CITY OF NAPA
JT/dr
cc: City of Napa City Councilmembers
Meg Desmond, League of California Cities, mdesmond@cacities.orq
John Leonard, City of West Hollywood, Leonard weho.org
City Manager Mike Parness
Community Development Director Rick Tooker
City Hall: 955 School Street I Mailing Address: PO Box 660 Napa,California 94559 1 Phone (707) 257-95001 www.citvofnapa.org
Page 2 of 2
39 48
NAMONJOINC403
CALIFORNIA
wuan.y
July 30, 2015 3109a
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING
SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS
THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY
RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES
Dear President Aguilar:
The City of Piedmont supports the proposed resolution related to the Sharing Economy
and concurs in the submission of the resolution for consideration by the League of Cities
General Assembly at its annual meeting on October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use
impacts and collect applicable taxes from transient residential rentals as part of the
emerging "shared economy".
The short-term rental of residential houses, rooms, condominiums, and apartments
present numerous challenges within neighborhoods and to adjacent property owners.
They may create additional noise, traffic, parking, privacy and public safety issues,
subvert local rent -control laws, decrease available housing stock and in some cases turn
residential neighborhoods into de -facto hotel rows.
Where the temporary rental of residential units is allowed by local regulation, the
associated transient occupancy tax (TOT) should also be collected. These units are in
direct competition with hotels, motels and other accommodations where guests pay the
local transient occupancy tax, so all such uses should be subject to the same tax. The
revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park
maintenance and other local public services which directly affect local quality of life and
the attraction of the community for a visitor.
The City of Piedmont believes SB 593, as referenced in the proposed resolution,
acknowledges existing local authority in this area and provides the necessary data for
local jurisdictions to enforce their regulations regarding short-term residential rentals and
120 VISTA AVENUE / PIEDMONT / CALIFORNIA 94611 / 510; 420-3040
40 49
a helpful regulatory framework that local governments may choose in lieu of exercising
their existing authority.
For these reasons, the City of Piedmont supports the Resolution.
cc: Meg Desmond, League of California Cities, mdesmond(a,cacities.org
John Leonard, City of West Hollywood, jleonard@weho.org
EF
50
C I T Y [�0 F
SAli^(y
MAYOR AND CITY COUNCIL
809 Center Street, Room 10, Santa Cruz, CA 95060 • (831) 420-5020 • Fax; (831) 420-5011 - citycouncil@cityofsantacruz.com
July 27, 2015
Ms. Stephany Aguilar, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593
(McGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS
NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF
RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES
Dear President Aguilar:
As Mayor of the City of Santa Cruz, I am writing in support of the proposed resolution related to the
Thriving Communities and Sharing Economy Act and concur in the submission of the resolution for
consideration by the League of California Cities (LOCC) General Assembly at its annual meeting on
October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and
collect applicable taxes from transient residential rentals as part of the emerging "shared economy."
The short-term rental of residential houses, rooms, condominiums, and apartments present numerous
challenges within neighborhoods and to adjacent property owners. Such rental situations may create
additional noise, traffic, parking, and privacy and public safety issues; subvert local rent control laws;
decrease available housing stock; and, in some cases, turn residential neighborhoods into de facto hotel
rows.
Where the temporary rental of residential units is allowed by local regulation, the associated Transient
Occupancy Tax (TOT) should also be collected. These units are in direct competition with hotels,
motels, and other accommodations where guests pay the local TOT, so all such uses should be subject
42 51
Ms. Stephany Aguilar, Presia,,tt
July 27, 2015
Page 2
to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash
collection, park maintenance, and other local public services which directly affect local quality of life
and make the community attractive to a visitor.
1 believe SB 593, as referenced in the proposed resolution, acknowledges existing local authority in
this area and provides the necessary data for local jurisdictions to enforce their regulations regarding
short-term residential rentals and a helpful regulatory framework that local governments may choose in
lieu of exercising their existing authority.
For these reasons, I support the proposed resolution and hope that the LOCC will consider adoption of
this resolution at its October conference.
Sincerely,
J,
Doii--Lane
Mayor
cc: Meg Desmond, League of California Cities, mdesmondCc�r7,cacities.org
John Leonard, City of West Hollywood, ileonard@weho.org
P:\CMAD\Word(Wpfiles)\SUZANNEU\Mayord12014-2015\Letters\SB 593 Aguilar.docx
43 52
Mayor Kevin McKeown
Mayor Pro Tempore Tony Vmoquey-,
July 24, 2015
StephpnyAguilar, President
League ofCalifornia Cities
z4nnKStreet
Sacramento, CA95gl4
Dear President Aguilar
RE: xRESOLUTION npTHE LEAGUE OF CALIFORNIA CITIES SUPPORTING sa5g3(rmosmIRE)AND CONTINUED LOCAL
FLEXIBILITY FOR CITIES A3THEY ADDRESS Nc|6no0KH00o AND FISCAL |KxrxCTs OF TEMPORARY ncmrxLs OF
RESIDENTIAL UNITS FOR TOURIST 0RTRANSIENT USES
The City of Santa Monica mpports the proposed resolution related to the Sharing Economy and concurs in the
submission of the resolution for consideration by the League of Cities General Assembly at it, annual meeting on
October 2,ZO1S,
The resolution reaff irms and aclulowledges local efforts to effectively regulate land use impacts and collect applicable
taxes from transient residential rentals as part of the ernerging "shared economy",
The short-term rental of residential houses, mnm4 condominiums, and apartments pnsemnumerous challenges
within neighborhoods and to adjacent property owners. They may create. additional noise, traffic, parking, privacy
and public safety issues, subvert |ooe| rent -control laws, decrease available housing stock and in some cases turn
residential neighborhoods into de -facto hotel rows.
Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy Lax
(TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations
where guests pay the local transient Occupancy tax, so all such uses should be subject to the sarne tax. The revenues
generated support local streets, roads, fire, police, lifeguards, trash pick-up, part( maintenance and Other local public
services which directly affect: local quality of life and the attraction of the cornmuniLy for a visitor.
The City of Santa Monica believes sa 593, as referenced in the proposed resolution, acknowledges existing local
authority in this area and provides the necessary data for local jurisdictions tn enforce their regulations regarding
short-term residential rentals and a helpful regulatory framework that local governments may cbnnxo in Aev of
exercising their existing authority.
In Santa Monica, a city of just over 90,000 residents, passage of SB 593 in concurrence with our local ordinance, will
generate estimated annual revenues of approximately $138500 in Transient Occupancy Tax and would ngvm
approximately 1'000units tnthe housing market,
For these reasons, the City ofSanta Monica supports the City's Resolution.
k 0-44/m
Mayor
o: Meg Desmond, League ofCalifornia Cities,
.John Leonard, Cityof West Hollywood, jloo�)ald Nfvellomrg
'1685Main Street ° POBox ZZ00 w Santa Monica o CA 90407-2200
tel: 310 /158-8201 ., fax: 310 44 1621 o e-mail: counciRsnigov,nei 53
(ril-Yo nf
WFi,�' V+- CJ.. V al V is 6,N
No. 1 The Plaza ci r), o,
Sonoma California 95476-6690
o
Phone (707) 938-3681 Fax (707) 938-8775
E -Mail: cityhall@sonomacity.org
9� l
July 27, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
Dear President Aguilar:
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593
(MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS
NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL
UNITS FOR TOURIST OR TRANSIENT USES
The City of Sonoma supports the proposed resolution related to the Sharing Economy and
concurs in the submission of the resolution for consideration by the League of Cities General
Assembly at its annual meeting on October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts
and collect applicable taxes from transient residential rentals as part of the emerging "shared
economy".
The short-term rental of residential houses, rooms, condominiums, and apartments present
numerous challenges within neighborhoods and to adjacent property owners. They may create
additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws,
decrease available housing stock and in some cases turn residential neighborhoods into de -
facto hotel rows.
Where the temporary rental of residential units is allowed by local regulation, the associated
transient occupancy tax (TOT) should also be collected. These units are in direct competition
with hotels, motels and other accommodations where guests pay the local transient occupancy
tax, so all such uses should be subject to the same tax. The revenues generated support local
streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public
services which directly affect local quality of life and the attraction of the community for a visitor.
The City of Sonoma believes SB 593, as referenced in the proposed resolution, acknowledges
existing local authority in this area and provides the necessary data for local jurisdictions to
enforce their regulations regarding short-term residential rentals and a helpful regulatory
framework that local governments may choose in lieu of exercising their existing authority.
The City of Sonoma is a tourist destination and the proliferation of vacation rentals is a top
priority for City staff. The workload in monitoring and attempting to ensure compliance with local
45 54
regulations is over -burdening our small staff. In addition, the sale of available housing has
become a market for out of town investors to purchase and create new vacation rentals.
Without legislative intervention, vacation rentals become an epidemic in a desirable destination
location and the local residents "pay the price".
For these reasons, the City of Sonoma supports the League's Resolution.
Sincerely,
r
Carol E. Giovanatto
City Manager
For and on behalf of the City of Sonoma
cc: Meg Desmond, League of California Cities, mdesmond(c)cacities.org
John Leonard, City of West Hollywood, ileonard weho.ora
46 55
LETTERS OF CONCURRENCE
Resolution No. 4
Compensation for Prolonged Electrical Power Outages
47 56
July 30, 2015
Stephany Aguilar, President
League of California Cities
1400 K St., Ste. 400
Sacramento, CA 95814
Dear President Aguilar:
IIIIIIIIIIIIIIIIIIIIIillillill
! !�/ �►�/
r
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885
The City of Hermosa Beach supports the City of Rancho Palos Verdes' effort to submit a resolution for
consideration by the General Assembly at the League's 2015 Annual Conference in San Jose.
The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California
Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service
disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of
the communities within SCE's service area. Among the populations that are most at risk as a result of
outages are:
Customers with physical challenges who rely on a constant source of power for medical devices;
Customers who are senior citizens and are particularly susceptible to injury if power outages
persist for long periods of time into evening hours; and,
Customers who suffer financial burdens as a result of losing food, medication and other perishable
items during prolonged power outages.
At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct
rebates to its customers in the event of prolonged power outages for a variety of causes, including
severe weather and other planned and unplanned outages. Rebates are provided automatically to
PG&E's customers without filing a claim, which we believe demonstrates that such a program is
feasible for SCE as well.
As a member of the League, our city values the policy development opportunity provided by the
Annual Conference Resolution process. We appreciate your time and consideration of this important
issue. Please feel free to contact Andrew Brozyna at (310) 318-0238 or abrozyna _hermosabch.org if
you have any questions.
Sincerely,
Tom Bakaly
City Manager
48 57
CITY COUNCIL
HENRY SANCHEZ JR.
JIM GAZELEY
MICHAEL, G. SAVIDAN
BEN TRAINA
MARK WARONEK
July 28, 2015
Stephany Aguilar, President
League of California Cities
1400 K St., Ste. 400
Sacramento, CA 95814
Dear President Aguilar:
•
ENO
CITY OF LOMITA
The City of Lomita supports the City of Rancho Palos Verdes' effort to submit a resolution for
consideration by the General Assembly at the League's 2015 Annual Conference in San Jose.
The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California
Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service
disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of
the communities within SCE's service area. Among the populations that are most at risk as a result of
outages are:
• Customers with physical challenges who rely on a constant source of power for medical devices;
• Customers who are senior citizens and are particularly susceptible to injury if power outages
persist for long periods of time into evening hours; and,
• Customers who suffer financial burdens as a result of losing food, medication and other perishable
items during prolonged power outages.
At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct
rebates to its customers in the event of prolonged power outages for a variety of causes, including
severe weather and other planned and unplanned outages. Rebates are provided automatically to
PG&E's customers without filing a claim, which we believe demonstrates that such a program is
feasible for SCE as well.
As a member of the League, our city values the policy development opportunity provided by the
Annual Conference Resolution process. We appreciate your time and consideration of this important
issue. Please feel free to contact Laura Vander Neut, Management Analyst at (310) 325-7110, ext.
151 or I.vanderneut@lomitacity com if you have any questions.
Sinc rely,
&4"t e",Henry Sa hez, Jr.
Mayor, City of Lomita
cc: Kit Fox, Senior Administrative Analyst, City of Rancho Palos Verdes, KitFCa-)rpvca.gov
CITY HALL OFFICES • P.O. BOX 339 • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717
(310) 325-7110 • FAX (310) 325-4024 • www.lomita.comlcityhall
4958
Q�-,,ps VEP04 CITY OF
o� P
._....._.INCORPORATED 1936._
e4L1F0WO'
July 29, 2015
Stephany Aguilar, President
League of California Cities
1400 K St., Ste. 400
Sacramento, CA 95814
Dear President Aguilar:
OFFICE OF
THE MAYOR
The City of Palos Verdes Estates supports the City of Rancho Palos Verdes' effort to submit a resolution for
consideration by the General Assembly at the League's 2015 Annual Conference in San Jose.
The City of Rancho Palos Verdes' proposed resolution seeks to address the failure of Southern California
Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions.
Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within
SCE's service area. Among the populations that are most at risk as a result of outages are:
• Customers with physical challenges who rely on a constant source of power for medical devices;
• Customers who are senior citizens and are particularly susceptible to injury if power outages persist for
long periods of time into evening hours; and,
• Customers who suffer financial burdens as a result of losing food, medication and other perishable items
during prolonged power outages.
At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its
customers in the event of prolonged power outages for a variety of causes, including severe weather and other
planned and unplanned outages. Rebates are provided automatically to PG&E's customers without filing a
claim, which we believe demonstrates that such a program is feasible for SCE as well.
As a member of the League, our City values the policy development opportunity provided by the Annual
Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel
free to contact City Manager Anton Dahlerbruch at 310.378.0383 or adahlerbruch(upvestates.org if you have
any questions.
Sincerely,
an- s F. Goo hart
Mayor
Enclosure: Rancho Palos Verdes Proposed League Resolution
c: Palos Verdes Estates City Council
Rancho Palos Verdes City Council
Doug Willmore, Rancho Palos Verdes City Manager
Jeff Kiernan, League of California Cities Regional Public Affairs Manager (via email)
Post Office Box 1086, Palos Verdes Estates, California 90274-0283
340 Palos Verdes Drive West, Palos Verdes Estates, California. 310-318-0383
July 30, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Dear President Aguilar,
L 01polling INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
The City of Rolling Hills supports the City of Rancho Palos Verdes' effort to submit a resolution
for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose.
The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California
Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged
service disruptions. Prolonged electrical outages jeopardize the public safety, health and general
welfare of the communities within SCE's service area. Among the populations that are most at
risk as a result of outages are:
Customers with physical challenges who rely on a constant source of power for medical
devices;
Customers who are senior citizens and are particularly susceptible to injury if power outages
persist for long periods of time into evening hours; and,
Customers who suffer financial burdens as a result of losing food, medication and other
perishable items during prolonged power outages.
At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct
rebates to its customers in the event of prolonged power outages for a variety of causes, including
severe weather and other planned and unplanned outages. Rebates are provided automatically
to PG&E's customers without filing a claim, which we believe demonstrates that such a program
is feasible for SCE as well.
As a member of the League, our city values the policy development opportunity provided by the
Annual Conference Resolution process. We appreciate your time and consideration of this
important issue. Please feel free to me at (310) 377-1521 or rcruz@cityofrh.net if you have any
questions.
Sincerely,
Raymond R. Cruz
City Manager
RC:hl 07-30-I5RPV_League_Re8odutionConcurrence_SCE
c: Mayor and City Council
51 ® l
cPrinted on Recycled Paper
JOHN C. ADDLEMAN
Mayor
STEVEN ZUCKERMAN
MayorAo kn:
BRITT HUFF
CouaCil MCntber
JUDY MITCHELL
C''oumil Member
FRANK ZERUNYAN
Council Alcmber
DOUGLAS R. PRICHARD
Cuy,Wanager
July 29, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Dear President Aguilar:
CITY OF
ROLLING HILLS ESTATES
4045 PALOS VF_RDES DRIVE NORTH • ROLLING HILLS ESTATES, CA 90274
TELEPHONE 310.377.1577 FAX .310..377.4468
www.ci.Rolling-Hills-Estates.ca.us
As Mayor of the City of Rolling Hills Estates, I support the City of Rancho Palos Verdes'
effort to submit a resolution for consideration by the General Assembly at the League's
2015 Annual Conference in San Jose.
The proposed resolution seeks to require reasonable compensation to Southern
California Edison (SCE) customers for losses incurred due to prolonged service
disruptions which jeopardize the safety, health and general welfare of the communities
within SCE's service area. Among the populations that are most at risk as a result of
these outages are:
*Customers with physical challenges who rely on a constant source of power for
medical devices;
*Customers who are senior citizens and are particularly susceptible to injury if
power outages persist for long periods of time into evening hours; and
®Customers who suffer financial burdens as a result of losing food, medication
and other perishable items during prolonged power outages.
I urge the League to place this matter before the General Assembly for consideration.
Please feel free to contact me if you have any questions.
Sin erely,
(f >IL,�
J C. Addleman
hor
JCA:hn
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