HomeMy Public PortalAbout06) 7E League of California Cities Annual ResolutionsCity Council
September 15, 2015
Page 3 of 4
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.
3. A Resolution of the League of California Cities Supporting Senate Bill (SB) 593
(McGuire) and Continued Local Flexibility for Cities as They Address Neighborhood
and Fiscal Impacts of Temporary Rentals of Residents Units
Submitted by City of West Hollywood
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 where 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. ·
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.
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
Submitted by Rancho Palos Verdes
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 address residents' claims, and desires to obtain
the League's assistance in correcting that process.
The resolution 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 to create a program to automatically provide direct compensation to its
City Council
September 15, 2015
Page 4 of 4
customers affected by a prolonged electrical power outage under specified
circumstances.
Staff recommends City Council receive and file the League's proposed resolutions and
approve the voting delegate and voting alternate to use their discretion to vote on the
proposed resolutions. The League's Annual Conference Resolution Packet is attached
(Attachment "A").
CONCLUSION:
The City Council is requested to receive and file the League's proposed resolutions and
approve the voting delegate and voting alternate to use their discretion to vote on the
proposed resolutions ..
FISCAL IMPACT:
There is no fiscal impact to the current Fiscal Year (FY) 2015-16 City Budget.
ATTACHMENT:
A. League of California Cities Resolution Packet
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 I,
at the San Jose Convention Center, to consider the reports of the four policy committees regarding the
resolutions. This cmnmittee includes one representative from each of the League's regional divisions, functional
departments and standing policy committees, as well as other individuals appointed by the League president.
Please check in at the registration desk for room location.
ANNUAL LUNCHEON/BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at
12:00 p.m. on Friday, October 2, at the San Jose Convention Center.
PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a
resolution may be introduced at the Annual Conference with a petition signed by designated voting
delegates of I 0 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 Almual Business Meeting of the
General Assembly. This year, that deadline is 12:00 p.m., Thursday, October I. 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: mdesmond@cacities.org or (916) 658-8224
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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 opportnnity 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).
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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
Procedural Note:
KEY TO ACTIONS TAKEN
A Approve
D Disapprove
N No Action
R Refer to appropriate policy committee for
study
a Amend+
A a
Aaa
Ra
Approveas amended+
Approve with additional amendment(s)+
Refer as amended to appropriate policy
committee for study+
Raa Additional amendments and refet+
Da Amend (for clarity or brevity) and
Disapprove+
Na Amend (for clarity or brevity) and take No
Action+
W Withdrawn by Sponsor
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
Refened 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 cunent 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 mticle 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 cunent 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:
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Article VIII: Officers
Section 1: Identity.
The officers of the League are a President, a First Vice-President, a Second Vice-President/Treasurer, an
Immediate Past President, and an Executive Director.
Section 2: Duties of League Officers.
(a) President The President presides af 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 !he neJl! meeting efthe Leagae Beard by the Immediate
Past President who shall serve fOr the unexpired term of office and, upon election o(a new President at
the next Annual Con terence. shall subsequently serve a fUll term as Immediate Past President. In the
event the Immediate Past President is not available to fill the vacancy in the office ofthe 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 bv the Lear:ue 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.
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Background Information on Resolution No. 1
Source: League Board of Directors
Background:
In 2010 and again recently in 2014 the city official elected League President at the Annual Conference in
September was not retumed 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 tenn.
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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 occun·ed 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
anangement 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.
1/1!!/!/11
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.
Background:
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
govenunent.
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 tbe 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
cunent Vice-Presidents (First and Second) have ample time to prepare for their role as President. By
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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, ancl'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, 1 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 <hug abuse recovery or treatment facilities
as are commensurate with local need/ and
1 Health & Safety Code Section 1S20.S
2 Health & Safety Code Section 11834.20
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WHEREAS, the California Fair Employment and Housing Act includes legal protection against
discrimination against persons with disabilities through zoning laws, denials of use pennits, 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 dmg abuse recove1y 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 dmg 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:
I. Explore options to address overconcentration of alcohol and dmg abuse recove1y and treatment
facilities in residential neighborhoods while respecting important legal rights of patients and legal
obligations of public entities.
2. 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.
3. Determine the appropriate balance between not-for-profit (including county) facilities and for-profit
facilities in residential neighborhoods.
!IIIII!!!/
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 tern1s of the land use
impacts.
In order to avoid overconcenh·ation 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
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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 cunently 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 pelTnitted 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 conection 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 govelTnnent (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.
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League of California Cities Staff Analysis ou 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 detennine 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 nse 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
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California state legislature to enact legislation that empowers local government to preserve the
residential character of neighborhoods necessmy 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 siguificant existing policy in this area. In the past the League has had internal
task forces and sponsored and supported various legislative proposals.
2) Making siguificant 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 effmt 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 suppmts 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 recoguizes 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 Cmz, Santa Monica, Sonoma
Referred to: Housing, Community & Economic Development; Revenue & Taxation Policy Committees
Recommendation to General Resolutions Committee:
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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-
controllaws, decrease available housing stock and in some cases tnrn 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 nse 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 repmting to the city or county of the following information (if the City or
County adopts an ordinance requiring the reporting of the data):
I. 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 requiting shmt-tenn rental hosting platfmms
to collect local TOT and remit it to the appropriate jurisdiction if short-tenn 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 shOJi-
term rentals; and
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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 Califomia Cities General Assembly, assembled at the League
Annual Conference on October 2, 2015 in San Jose, as follows:
I. Land use regulation and local tax collection are best overseen and implemented locally.
2. While tempormy rental of residential units can offer innovative opportunities for travelers
and prope1ty 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.
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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 shmt-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
conmmnities. 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 iguored by Online Vacation Rental Businesses ("OVRBs"), causing
unwanted burdens on cities while reducing TOT collection fi:om 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 tum 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.
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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 Tiu·iving Communities and Sharing Economy Act (SB 593) will provide local
jurisdictions with the data and framework necessary to collect TOT revenues from short-tetm 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, ifthose
rental are not allowed.
Specifically, SB 593 would: I) 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 shmi-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 fi·om 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 au 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 Tln-iving 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 Leagne is cmrently 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 suppmi for SB 593. They view the
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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 Floor 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; Califomia Association of Boutique and
Breakfast Inns; California Association of County Treasurers and Tax Collectors; Califomia Apartment
Association; California Association of Code Enforcement Officers; California College and University
Police Chiefs Association; Califomia 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 Destetman, Mindy Desterman;
ElDorado County Treasurer-Tax Collector C.L. Raffety; Douglas Engmann; Fahmont 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 Supetvisors; Ashok Mukhetje;
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;
Sien·a 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 Supetvisors; City of Thousand Oaks; Tulare County Auditor-Contt·oller-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 Yaukoffski.
Opposition: Airbnb; Consumer Watchdog; Intemet 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 effmis, 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
Support, If Amended position, which was concuned with by the League board. The author later
incorporated the League's amendments into the bill and the League issued a support Jetter on the
cunent version of the bill.
4) Local govemments already have extensive authority to regulate land use and collect local taxes.
While vacation rentals may be an increasingly popular option for the traveling public, local
ordinances are beginning to adjust.. The League supports SB 593 because it is crafted in a way
that supports local authority in dealing with this emerging issue. Local agencies can either opt in
to its provisions or continue to address issues differently under their existing local authority.
Existing League Policy:
Related to this Resolution, existing policy provides:
HCED Policy: The League believes that local zoning is a p1immy function of cities and is an essential
component of home mle.
Rev. & Tax Policy: Additional revenue is required in the state/local revenue stmctnre. There is not
enough money generated by the cunent system or allocated to the local level by the cunent 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
Concun·ence· of five or more cities/city officials: Cities of Hermosa Beach, Lomita, Palos Verdes Estates,
Rolling Hills and Rolling Hills Estates
Refened to: Environmental Quality Policy Committee
Recommendations to General Resolutions Committee:
WHEREAS, local govemments 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 dismptions 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 tl1at suffer
from the Joss 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 dis1uptions due
to both planned and unplanned outages, equipment failures and weather-related events, which adversely
affect local governments within its service area; and,
17
WHEREAS, SCE has been fined by the CalifomiaPublic 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 20 II; 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 a'je 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 "Stmm Inconvenience Payments" of $25 to $100
for weather-related service disruptions of fmty-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 intenuption where less than seventy-two (72) hours' notice is provided to
the customer; and,
WHEREAS, local govmmnents 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 Govemor 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 Califomia 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
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 axe 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
occuned in the Los Angeles area in 201 I. 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 incuned. 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
intermptions. 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.
Staff:
Committee:
Summary:
!!!!!!///!
League of California Cities Staff Analysis on Resolution No. 4
Jason Rhine
Environmental Quality
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 Califmnia 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
concem regarding the ineffective process by which SCE addresses residents' claims associated with
19
prolonged electrical power outages. The City believes that SCE's aged infrastructure has caused fires and
repeated, prolonged elechical power outages. Prolonged electlical 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 injmy if electrical power outages
persist for a long peliod of time into the evening hours; and, residents who suffer financial burdens as a
result of losing food, medication and other perishable items duling 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 electlic customers and provide a
$30 credit when these service guarantees are not met. Unless otherwise stated below, the four
service stimdards apply only to active service accounts served under the Residential, General
Service and Industrial, or Aglicultural 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 peliod that the customer is without service. Partial credits will not be
paid for outage peliods less than a full 24-hour increment. Power outages associated
with a moderate, severe, m· catastrophic storm condition are exempt fi"om the program.
• Missed Appointments: When an appointment for a field service visit is made with a
customer for a specific appoinhnent time, and the customer's presence is required for
establishing new service, a billing inquiry, or meter installation, SCE will amve 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 te1ms 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 stmm 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 stonn outage. In some cases, processing may take 90-120 days
(heavy storm season).
Safety Net Program
We understand how inconvenient it is for customers 'vho 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
" P G & E w i l l p r o v i d e p a y m e n t s t o r e s i d e n t i a l c u s t o m e r s w e d e t e n n i n e w e r e w i t h o u t p o w e r
f o r m o r e t h a n 4 8 h o u r s d u e t o a s e v e r e s t o r m .
" T h e p a y m e n t s w i l l r a n g e f r o m $ 2 5 u p t o $ 1 0 0 , d e p e n d i n g o n t h e l e n g t h o f t h e o u t a g e .
E l i g i b i l i t y
" T h e S t o r m I n c o n v e n i e n c e P a y m e n t p r o v i s i o n o f t h e S a f e t y N e t P r o g r a m a p p l i e s t o
r e s i d e n t i a l c u s t o m e r s o n l y ( r a t e s c h e d u l e s E - 1 , E - 6 , E - 7 , E - 8 , E - 9 , E M , E S , E S R , E T , a n d
E V ) ; c u s t o m e r s a l s o m a y b e e n r o l l e d i n p r o g r a m s s u c h a s C A R E a n d m e d i c a l b a s e l i n e .
" B u s i n e s s e s , a g r i c u l t u r a l a c c o u n t s , m u l t i - f a m i l y b u i l d i n g c o m m o n a r e a s , s t r e e t l i g h t s , a n d
a l l o t h e r c u s t o m e r s o t h e r t h a n r e s i d e n t i a l c u s t o m e r s a r e i n e l i g i b l e f o r S t o r m
I n c o n v e n i e n c e P a y m e n t s .
" S t o r m I n c o n v e n i e n c e P a y m e n t s w i l l n o t b e i s s u e d t o c u s t o m e r s i n a r e a s w h e r e a c c e s s t o
P G & E ' s e l e c t r i c f a c i l i t i e s w a s b l o c k e d ( m u d s l i d e s , r o a d c l o s u r e s o r o t h e r a c c e s s i s s u e s ) .
A l s o , i f c u s t o m e r e q u i p m e n t p r e v e n t e d r e s t o r a l o r e x t e n d e d c u s t o m e r o u t a g e ( e x .
w e a t h e r h e a d , s e r v i c e d r o p , e t c . ) .
" T h e o u t a g e m u s t h a v e o c c m T e d d u r i n g a m a j o r w e a t h e r - r e l a t e d e v e n t t h a t c a u s e d
s i g n i f i c a n t d a m a g e t o P G & E ' s e l e c t r i c d i s h i b u t i o n s y s t e m .
" T h e o u t a g e m u s t h a v e l a s t e d m o r e t h a n 4 8 h o u r s .
" S t o r m I n c o n v e n i e n c e P a y m e n t s a r e i n i n c r e m e n t s o f $ 2 5 ( $ 1 0 0 m a x i m u m p e r e v e n t ) .
P a y m e n t l e v e l s a r e b a s e d o n t h e l e n g t h o f t h e c u s t o m e r ' s o u t a g e :
o 4 8 t o 7 2 h o u r s $ 2 5
o 7 2 t o 9 6 h o u r s $ 5 0
o 9 6 t o 1 2 0 h o u r s $ 7 5
o 1 2 0 h o u r s o r m o r e $ 1 0 0
" B o t h b u n d l e d - s e r v i c e a n d d i r e c t - a c c e s s r e s i d e n t i a l c u s t o m e r s q u a l i f y f o r S t o r m
I n c o n v e n i e n c e P a y m e n t s .
" S t o r m I n c o n v e n i e n c e P a y m e n t s w i l l b e i s s u e d t o t h e c u s t o m e r o f r e c o r d .
" A c u s t o m e r w i t h m u l t i p l e r e s i d e n t i a l s e r v i c e s s u c h a s a p r i m a r y r e s i d e n c e a n d a v a c a t i o n
h o m e i s e l i g i b l e f o r S t o n n I n c o n v e n i e n c e P a y m e n t s a t e a c h l o c a t i o n w h e r e t h e r e w a s a
s t o r m - r e l a t e d o u t a g e o f m o r e t h a n 4 8 h o u r s .
" C u s t o m e r s m u s t h a v e a n o p e n a c c o u n t ( s e r v i c e a g r e e m e n t ) i n g o o d s t a n d i n g a t t h e t i m e o f
t h e o u t a g e a u d a t t h e t i m e p a y m e n t i s i s s u e d ( g e n e r a l l y 4 5 t o 6 0 d a y s a f t e r t h e e v e n t ) .
" F o r m a s t e r - m e t e r e d a c c o u n t s s u c h a s m o b i l e h o m e p a r k s , t h e c u s t o m e r o f r e c o r d w i l l
r e c e i v e t h e S t o r m I n c o n v e n i e n c e P a y m e n t f o r t h e m a s t e r m e t e r o n l y .
S e r v i c e G u a r a n t e e P r o g r a m
G a s a n d e l e c t r i c i t y a r e e s s e n t i a l t o k e e p y o u r l i f e n m n i n g s m o o t h l y , s a f e l y a n d e f f i c i e n t l y . W h e n
y o u r s e r v i c e i s i n t e 1 r u p t e d o r i n n e e d o f r e p a i r , y o u e x p e c t a r e a s o n a b l e a n d t i m e l y r e s p o n s e . T o
e n s u r e t h a t w e p r o v i d e t h i s t o y o u , P G & E h a s i m p l e m e n t e d s e r v i c e g u a r a n t e e s , w h i c h s p e l l o u t
o u r c o m m i t m e n t t o p r o m p t c u s t o m e r s e r v i c e f o r o u r c u s t o m e r s :
" G u a r a n t e e 1 : M i s s e d A p p o i n t m e n t s : P G & E w i l l m e e t t h e a g r e e d u p o n a p p o i n h n e n t
t i m e s e t w i t h o u r c u s t o m e r d u r i n g c o n t a c t w i t h o u r C a l l C e n t e r o r a u t o m a t i c a l l y c r e d i t
y o u r a c c o u n t $ 3 0 .
" G u a r a n t e e 2 : N o n - E m e r g e n c y I n v e s t i g a t i o n s : P G & E w i l l i n v e s t i g a t e n o n - e m e r g e n c y
s i t u a t i o n s ( c h e c k m e t e r ) a n d c o m m u n i c a t e r e s u l t s t o a c u s t o m e r w i t h i n s e v e n d a y s o f a
c u s t o m e r ' s r e q u e s t . C h e c k - m e t e r a p p o i n t m e n t s b e t w e e n O c t o b e r 1 5 a n d D e c e m b e r 1 5 o f
e a c h y e a r w i l l b e s c h e d u l e d w i t h i n 1 0 w o r k d a y s . I f a n o f f - s i t e m e t e r t e s t i s r e q u i r e d ,
P G & E w i l l c o m m u n i c a t e t h e r e s u l t s t o t h e c u s t o m e r w i t h i n 3 0 d a y s . I f a c c e s s i s r e q u i r e d
t o t h e c u s t o m e r ' s p r e m i s e s , t h e n a n a p p o i n t m e n t i s n e c e s s m y . F a i l u r e t o m e e t t h e s e r v i c e
g u a r a n t e e w i l l r e s u l t i n a $ 3 0 c r e d i t t o t h e c u s t o m e r ' s a c c o u n t . A n a u t o m a t i c c r e d i t t o t h e
c u s t o m e r ' s a c c o u n t w o u l d a p p l y o n l y i f P G & E m i s s e s a s c h e d u l e d a p p o i n t m e n t d a t e . I f
2 1
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 cutTently 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 I 0 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 tum-ons or antomatically credit your account $50.
• Guarantee 6: Electric Service Disruptions: PG&E will respond to customer calls
reporting electric service intermptions 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 Interniptions: PG&E shall provide at least three days' notice
of a planned intermption 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 dete!Tnine ifPG&E's commitment to notify customers 72 hours in
advance of planned intermptions was missed. Customers notified of planned service
intenuptions 72 hours in advance may have their service intermpted on multiple
occasions on the date(s).
• Guarantee 10: Service Termination in Error: Impacted customers will be eligible for
a $100 credit adjustment ifPG&E te1minates service in mror.
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
caused by a moderate. severe. or catastrophic stonn 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 fi"om $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 elech·ical 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 m1planned 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 territmy, 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 elechical power outage compensation programs.
o Municipal utility elecmcal power outage compensation programs.
o Role of the California Public Utilities Commission.
Existing League Policy:
In response to the energy c1isis of 200 I, the League of California Cities established extensive policy and
guiding principles related to the elech·ic industry. However, there is no existing policy that pertains to
prolonged power outages or compensating customers for damages incuned during a prolonged power
outage.
23
---·---. . /\>r .\t<>, (0;'l'~~~\ THE CITY OF ARTESIA, CALIFORNIA --1,•i~';[/ il --=-==--=-=-::_=_::,=1:..:8::.:74=7:::C::.:LAR=z_K_:D::.:AL~E-A_V_E_:N_U_E_:, AR~T_E_S_IA_,_C_A_L_IF_O_R_N_IA_9_0_70_1 __ _
~~O}"t~~Jc/ Telephone 562 I 865-6262
--=C---FAX 562 I 865-6240
~service Builds Tomorrow's Progress"
July 15, 2015
President Stephany Aguilar
League of California Cities
1400 K Street Suite 400
Sacramento, CA 95814
Fax: (916) 658-8240
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,
LETTERS OF CONCURRENCE
Resolution No.3
Residential Rentals, Support for SB 593 (McGuire)
regarding short-term residential rentals and a helpful regulatory framework that local governments rnay
choose in lieu of exercising their existing authority.
For the reasons as stated above, the City of Napa supports the proposed Resolution.
Sincerely, ::::r \.J)..Q_ ---r:; LA.J_
Jill Techel
Mayor
CITY OF NAPA
JT/dr
cc: City of Napa City Councilmembers
Meg Desmond, League of California Cities, mdesmond@cacities.org
John Leonard, City of West Hollywood, jleonard@weho.org
City Manager Mike Parness
Community Development Director Rick Tooker
~--1'f~----
.r-----
CITY Of
SANTACRUZ
~
MAYOR AND CITY COUNCIL
809 Center Street, Room 10, Santa Cruz, CA 95060 • (831) 420-5020 • Fax: (831) 420-5011 • citycouncil@cityofsa!ltacruz.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 CONTINUEDLOCAL 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 patt of the emerging "shared economy."
The short-tenn rental of residential houses, rooms, condominiums, and apmtments 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
'
Ms. Stephany Aguilar, Presiuv,,t
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.
I believe SB 593, as referenced in the proposed resolution, acknowledges existing local authority in
this area and provides tl1e necessary data for local jurisdictions to enforce fueir 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.
~incerel~, /~
\i . 'i-/
/1'B;ZJ7c~·
Don-Lane
Mayor
cc: Meg Desmond, League of California Cities, mdesmond@cacities.org
John Leonard, City of West Hollywood, jleonard@weho.org
P:\CMAD\ Word(Wpfilcs)\SUZANNEUIJvfayordl 2014-201 S\Lettcrs\SB 593. Aguilar.docx
LETTERS OF CONCURRENCE
Resolution No. 4
Compensation for Prolonged Electrical Power Outages