HomeMy WebLinkAboutCity Position Supporting Senate Bill 510 - Rental Mobile H Dept ID AD-13-020 Page 1 of 3
Meeting Date 8/5/2013
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CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/5/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Fred A Wilson, City Manager
SUBJECT: Approve City Position regarding Senate Bill 510 - Rental Mobile Home Park
Conversions and Assembly Bill 1092 - Building Standards for Electric Vehicle
Charging Stations as recommended by the Intergovernmental Relations
Committee (IRC)
Statement of Issue
On July 9, 2013, the Intergovernmental Relations Committee (IRC) (Hardy and Carchio present)
recommended positions on certain legislation
• SB 510 (Jackson) Land Use/Subdivisions — Rental Mobile Home Park Conversions
• AB 1092 (Levine) Building Standards — Electric Vehicle Charging Stations
In addition to taking positions on the above legislation, the Committee also discussed the following
matters
• Federal Lobbyist Agreement expiring on September 30, 2013
• West Orange County Water Board (WOCWB) - Request by City Council (6-3-13 Council
Meeting) to examine Huntington Beach's relationship with the WOCWB
• Possible Polices/Platforms for Legislative Advocacy
Financial Impact
Not Applicable
Recommended Action
A) Authorize the Mayor to sign a letter of Support for SB 510 (Jackson) Land use/Subdivisions —
Rental mobile home park conversions, and,
B) Authorize the Mayor to sign a letter of Support for AB 1092 (Levine) Building Standards —
Electric Vehicle Charging Stations
Alternative Action(s)
Not approve the recommended positions on certain legislation and direct staff accordingly
Analysis
HB -83- Item 4. - I
Dept ID AD-13-020 Page 2 of 3
Meeting Date 8/5/2013
SIB 510 (Jackson) - This bill would provide that the local agency is required to consider the results
of the of support of residents of the mobile home park for the proposed conversion in making Its
decision to approve, conditionally approve, or disapprove the map, and that the agency is
authorized to disapprove the map if it finds that the results of the survey have not demonstrated the
support of at least a majority of the park's homeowners This bill would provide that local legislative
bodies may, by ordinance or resolution, implement the survey requirements
SB 510 was re-referred to the Local Government Committee where it has been postponed
AB 1092 (Levine) - This bill would require the commission, commencing with the next triennial
edition of the California Building Standards Code adopted after January 1, 2014, to adopt, approve,
codify, and publish mandatory building standards for the installation of future electric vehicle
charging infrastructure for parking spaces in multifamily dwellings and nonresidential development
The bill would require the Department of Housing and Community Development to propose
mandatory building standards for the installation of future electric vehicle charging infrastructure for
parking spaces in multifamily dwellings and submit the proposed mandatory building standards to
the commission for consideration The bill would require the department and the commission, in
proposing and adopting the mandatory building standards, to use specified sections of the
California Green Building Standards Code as the starting point for the mandatory building
standards and to actively consult with interested parties
AB1092 was re-referred to the Appropriations Committee and is on calendar for August 12, 2013
The following matters were also discussed by the IRC
Federal Lobbyist Agreement (Ferguson Group) - In November of 2007, the City entered into an
agreement wit the Ferguson Group to provide Federal Lobbyist services Since that time, three
amendments have been approved, including the most recent which extends the original agreement
until September 30, 2013 The Ferguson Group has provided excellent service to the City
However, pursuant to the City's policies and procedures, it is necessary to issue a Professional
Services Request for Proposal (RFP) for Federal Lobbyist Services Staff will work with the
Finance Department to prepare and distribute the RFP
West Orange County Water Board (WOCWB) - At the June 3, 2013, Council Meeting, the City
Council amended a motion regarding the adoption of a the WOCWB Budget to refer the City's
relationship with the WOCWB to the IRC for discussion The Committee agreed that it is best to
leave the current structure of the Board as-is and took no action on the matter
Possible Polices/Platforms for Legislative Advocacy_- Often, by the time the City's position on
legislative matters is considered by the IRC and the City Council, the legislation has already been
heard at the State or Federal level In order to make the city's position known earlier in the
process, IRC was presented with information regarding the current procedure, as well as some
alternatives for consideration After some discussion, Council Member Hardy suggested that when
immediate action must be taken in order for the City's position to be heard, a process used in
previous years be followed whereby the Mayor, in concurrence with the Chair of the IRC, is
authorized to send letters on behalf of the City No formal action was taken by the IRC
Environmental Status
Not Applicable
Strategic Plan Goal
Enhance economic development,
Item 4. - 2 xB -84-
Dept ID AD-13-020 Page 3 of 3
Meeting Date 8/5/2013
Attachment(s)
1 Assembly BIII 510
2 Assembly BIII 1092
HB -85- Item 4. - 3
ATTACHMENT # 1
,tema 4 HB K.
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Search Results
Tuesday, July 16r 2013
SB 510 (Jackson D) Land use: subdivisions: rental mobilehome park conversion.
(Amended. 4/30/2013)
Status: 6/26/2013-Hearing postponed by committee
Location: 6/19/2013-A L. GOV.
2YeariDeskiPolicylFiscaliFlooriDeskiPolicylFiscalI Conf Enrolled Vetoed Chaptered
Dead 1st House Floor 2nd House Conc
Summary: The Subdivision Map Act requires a subdivider, at the time of filing a tentative
or parcel map for a subdivision to be created from the conversion of a rental mobrlehome
park to resident ownership, to avoid the economic displacement of all nonpurchasing
residents by following specified requirements relating to the conversion in this regard,
existing law requires that the subdivider obtain a survey of support of residents of the
mobrlehome park for the proposed conversion, that the results of the survey be submitted
to the local agency for consideration, as specified, and that the subdivider be subject to a
hearing by the legislative body or advisory agency that is authorized to approve,
conditionally approve, or disapprove the map This bill would provide that the local agency
is required to consider the results of the survey in making its decision to approve,
conditionally approve, or disapprove the map, and that the agency Is authorized to
disapprove the map if it finds that the results of the survey have not demonstrated the
support of at least a majority of the park's homeowners. This bill would provide that local
legislative bodies may , by ordinance or resolution, implement the survey requirements
This bill contains other related provisions.
Attachments:
58 510 Oackson) Notice of Support in Concept
Policy Committee Primary Lobbyist 2nd Lobbyist
(primary)
Housing Community Kolpitcke, Kirstin
and Economic
Development
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Support in Concept
Total Measures: 1
Total Tracking Forms: 1
70612013 8 « 07 AM
HB http.//ct3kl caprtoltrack com/public/search.aspx?iG au, -, Item 4. - 5
,99-37cd-42cd-82l7-dI9b4d25 .. 7/16/2 i
LEAGUE
01 Cr1 I_l U R i A 1400 K Street, Suite 400•Sacramento, California 95814
1 Phone 916.658 8200 Fax 916 658 8240
�._ www cacities.org
April 12, 2013
The Honorable Hannah-Beth Jackson
California State Senate
State Capitol, Room 5080
Sacramento, CA 95814
RE: SB 510 (Jackson).Land use: subdivisions: rental mobilehome park
conversion. (As Introduced)
NOTICE OF SUPPORT IN CONCEPT
Dear Senator Jackson
The League of California Cities (League) is pleased to support in concept SB 510 (Jackson)
which would authorize local agencies to disapprove a map for conversion of a mobilehome park
if the results of a survey have not demonstrated the support of at least a majority of the
homeowners
The League has a history of supporting legislation regarding the issue of surveys for mobilehome
park conversions However, recently there have been a series of mobilehome park cases litigated
with differing outcomes (Goldstone v County of Santa Cruz, Chino v City of Chino, and
Monarch Countiy v Goleta which was not published) As a result of these cases, the League
created a working group of city attorneys with a background on mobilehome park conversion to
further review the issue to see if additional guidance in the form of legislation is necessary and if
so, if the legislative tip, should look like SB 510. The League's City Attorney Annual
Conference is in early May We hope to be able to provide the expert feedback after that
conference to either support SB 510, as is, or provide amendments that we believe would
improve the bill by providing local control and clarifying an issue that places cities squarely in
the middle of a legal tug-of-war
For these reasons, the League supports in concept SB 510 If you have any questions about our
position, you can reach me at (916) 658-8250
Sincerely,
%4ZIV,full
Kirstin Koipitcke
Legislative Representative
cc* Chair and Members, Senate Transportation and Housing Committee
Carrie Cornwell, Chief Consultant, Senate Transportation and Housing Committee
Ryan Eisberg, Consultant, Senate Republican Caucus
Item 4. - 6 xB -88-
AMENDED IN SENATE APRIL 30,2013
SENATE BILL No. 510
Introduced by Senator Jackson ,
(Coauthors•Assembly Members Alejo and Williams)
February 21, 2013
An act to amend Section 66427 5 of the Government Code,relating
to land use
LEGISLAI IVE COUNSEL'S DIGEST
SB 510, as amended, Jackson Land use subdivisions rental
mobilehome park conversion
The Subdivision Map Act requires a subdivider, at the time of filing
a tentative or parcel map foi a subdivision to be created from the
conversion of a rental mobilehome park to resident ownership,to avoid
the economic displacement of all nonpurchasing residents by following
specified requirements relating to the conversio , meleding
In this regard, existing low requires that the subdivider
obtain a survey of support of residents of the mobilehome park for the
proposed conversion, Elie requttern that the results of the survey be
submitted to the local agency for consideration, as specified, and-the
that the subdivider be subject to a hearing by the legislative
body or advisory agency that is authorized to approve, conditionally
approve, or disapprove the map
This bill would provide that the local agency is required to consider
the results of the survey in making its decision to approve,conditionally
approve, or disapprove the map, and that the agency is authorized to
disapprove the map if it finds that the results of the survey have not
demonstrated the support of at least a majority of the park's
homeowners This bill would provide that local legislative bodies may
98
xB -89- Item 4. - 7
SB510 --2—
by ordinance or tesolutton, implement the
survey requirements.
This bill would set forth the findings and declarations of the
Legislature that the changes made by this act do not constitute a change
in, and are declaratory of, existing law, and would state the intent of
the Legislature to clarify the intent of certain provisions of the act
Vote majority Appropriation no Fiscal corrunittee: no
State-mandated local program- no
The people oJthe State of California do enact asJollow5
I SECTION 1. Section 66427 5 of the Government Code is
2 amended to read
3 66427 5 At the time of filing a tentative or pal cel map for a
4 subdivision to be created from the conversion of a rental
5 mobtlehorne park to resident ownership,the subdivider shall avoid
6 the economic displacement of all nonpui chasing residents in the
7 following manner
8 (a) The subdivider shall offer each existing tenant an option to
9 either purchase his or her condominium or subdivided unit,which
10 is to be created by the conversion of the pal k to resident ownership.
l l or to continue residency as a tenant
12 (b) The subdivider shall file a report on the impact of the
13 conversion upon residents of the mobilehome park to be converted
14 to resident owned subdivided interest
15 (c) The subdivider shall make a copy of the report available to
16 each resident of the mobilehome park at least 15 days prior to the
17 hearing on the map by the advisory agency or, if these is no
18 advisory agency, by the legislative body.
19 (d) (1) The subdivider shall obtain a survey of support of
20 residents of the mobilehome park for the pi oposed conversion
21 (2) The survey of support shall be conducted in accordance with
22 an agreement between the subdivider and a resident homeowner s'
23 association, if any, that is independent of the subdivider or
24 mobilehome park owner.
25 (3) The survey shall be obtained pursuant to a wiaten ballot
26 (4) The survey shall be conducted so that each occupied
27 mobilehome space has one vote
28 (5) The results of the survey shall be submitted to the local
29 agency upon the filing of the tentative or parcel map, to be
9R
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Item 4. - 8 xB -90-
-3— SB 510
1 considered in the agency's decision as to whether to approve,
2 conditionally approve,or disapprove the map,and the agency may
3 disapprove the map if it finds that the results of the survey have
4 not demonstrated the support of at least a majority of the park's
5 homeowners
6 (6) Local legislative bodies may , by
7 ordinance or resolution, implement the requirements of this
8 subdivision.
9 (e) The subdivider shall be subject to a hearing by a legislative
10 body or advisory agency, which is authorized by local ordinance
I to approve, conditionally approve, or disapprove the map The
12 scope of the hearing shall be limited to the issue of compliance
13 with this section
14 (f) The subdivider shall be required to avoid the economic
15 displacement of all nonpurchasing residents in accordance with
16 the following
17 (1) As to nonpurchasing residents who are not lower income
18 households,as defined in Section 50079 5 of the Health and Safety
19 Code, the monthly rent, including any applicable fees or charges
20 for use of any preconversion amenities, may increase from the
21 preconversion rent to market levels, as defined in an appraisal
22 conducted in accordance with nationally recognized professional
23 appraisal standards, in equaI annual increases over a four-year
24 period
25 (2) As to nonpurchasing residents who are lower income
26 households,as defined in Section 50079 5 of the Health and Safety
27 Code, the monthly rent, including any applicable fees or charges
28 for use of any preconversion amenities, may increase from the
29 preconversion rent by an amount equal to the average monthly
30 increase in rent in the four years immediately preceding the
31 conversion, except that in no event shall the monthly rent be
32 increased by an amount greater than the average monthly
33 percentage increase in the Consumer Price Index for the most
34 recently reported period
35 SEC 2 (a) The Legislature finds and declares that the
36 amendments to Section 66427 5 of the Government Code made
37 by this act do not constitute a change in,but rather are declaratory
38 of, existing law
39 (b) It is the intent of the Legislature to clarify that the legislative
40 intent underpinning paragraphs (1) and (5) of subdivision (d) of
98
HB -91- Item 4. - 9
SB 510 —4-
1 Section 66427 5 of the Government Code has been,and continues
2 to be,to require a local agency to consider, in making the decision
3 to approve, conditionally approve, or disapprove the tentative or
4 parcel map, the level of resident support for the proposed
5 conversion, and that those provisions authorize the agency, at its
6 discretion, to disapprove the map if it finds that the results of the
7 survey have not demonstrated the support of at least a majority of
8 a park's homeowners
O
98
Item 4. - 10 HB -92-
ATTAC H M E N T #2
Page 1 of 1
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• Search Results
Tuesday, July 16, 2013
B,B L (Levine D) Building standards: electric vehicle charging infrastructure.
(Amended 6/10/2013)
Status: 7/3/2013-From committee Do pass and re-refer to Com on APPR (Ayes 7 Noes
2 ) (July 3) Re-referred to Com on APPR
Location: 7 3 2013-S. APPR
2Year Desk Po1ic Fiscal Floor Desk Policy Fiscal Floo Conf Enrolled Vetoed Chaptered
Dead I 1st House I 2nd House Conc
Calendar: 8/12/2013 10 a m - John L. Burton Hearing Room (4203)
SENATE APPROPRIATIONS, DE LE6N, Chair
Summary:
The California Building Standards Law provides for the adoption of budding standards by
state agencies by requiring all state agencies that adopt or propose adoption of any
building standard to submit the building standard to the California Building Standards
Commission for approval and adoption In the absence of a designated state agency, the
commission is required to adopt specific building standards, as prescribed. Existing law
requires the commission to publish, or cause to be published, editions of the code in its
entirety once every 3 years
This bill would require the commission, commencing with the next triennial edition of the
California Building Standards Code adopted after January 1, 2014, to adopt, approve,
codify, and publish mandatory building standards for the installation of future electric
vehicle charging infrastructure for parking spaces in multifamily dwellings and
nonresidential development The bill would require the Department of Housing and
Community Development to propose mandatory budding standards for the installation of
future electric vehicle charging infrastructure for parking spaces in multifamily dwellings
and submit the proposed mandatory budding standards to the commission for
consideration. The bill would require the department and the commission, in proposing and
adopting the mandatory budding standards, to use specified sections of the California
Green Building Standards Code as the starting point for the mandatory building standards
and to actively consult with interested parties
Policy committee Primary Lobbyist 2nd Lobbyist
(primary)
Housing Community Kolpitcke, KErstin
and Economic
Development
Transportation,
_Communications
_and _Public_Works
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Watch
Total Measures: 1
Total Tracking Forms: 1
7/16/201 3 8 27 31 AM
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Item 4. - 12 HB -94-
._.._.11,.41111 ,*„1traAe rr,m/nuhlic/search aspx?ia=duz+o.3199-37cd-42cd-8217-d19b4d25.. 7/16/2013
AMENDED IN SENATE JUNE 10, 2013
AMENDED IN ASSEMBLY MAY 2, 2013
AMENDED IN ASSEMBLY APRIL 8, 2013
AMENDED IN ASSEMBLY APRIL 2, 2013
CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION
ASSEMBLY BILL No. 1092
Introduced by Assembly Member Levine
February 22,2013
An act to add Section 18941 10 to the Health and Safety Code,
relating to building standards
LEGISLATIVE COUNSEL'S DIGEST
AB 1092, as amended, Levine Building standards electric vehicle
charging infrastructure
The California Building Standards Law provides for the adoption of
building standards by state agencies by requiring all state agencies that
adopt or propose adoption of any building standard to submit the
building standard to the California Building Standards Commission foi
approval and adoption In the absence of a designated state agency,the
commission is required to adopt specific building standards, as
prescribed Existing law requires the commission to publish, or cause
to be published,editions of the code in its entirety once every 3 years
This bill would require the commission, commencing with the next
triennial edition of the California Building Standards Code adopted
after January 1,2014,to adopt,approve,codify,and publish mandatory
building standards for the installation of future electric vehicle charging
infrastructure for packing spaces in multifamily dwellings and
9s
HB -95- Item 4. - 13
AB 1092 —2—
nonresidential development The bill would require the Department of
Housing and Community Development to propose mandatory building
' standards for the installation of future electric vehicle charging
infrastructure for parking spaces in multifamily dwellings and submit
the proposed mandatory building standards to the commission for
consideration The bill Mould' require the department and the
commission, in pioposing and adopting the mandatory building
standards, to use specified sections of the California Green Building
Standards Code as the starting point for the mandatory building
standards and to actively consult with interested parties
Vote- majority. Appropriation no Fiscal committee yes
State-mandated local prograrn no
The people of the State of California do enact asfollows
1 SECTION 1 Section 18941 10 is added to the Health and
2 Safety Code, to read
3 18941 10 (a) (1) The commission shall, coininenc►ng with
4 the next triennial edition of the Califomia Budding Standards Code
5 (Title 24 of the California Code of Regulations) adopted after
6 January 1, 2014, adopt, approve, codify, and publish mandatory
7 budding standards for the installation of future electric vehicle
8 charging infrastructure for parking spaces in multifam►ly dwellings
9 and nonresidential development
10 (2) Foi purposes of paragrapli (1), the Department of Housing
1 1 and Community Development shall propose mandatory building
12 standards for the installation of future electric vehicle charging
13 infastructure for packing spaces in multifamily dwellings and
14 submit the proposed mandatory budding standards to the
15 commission for consideration
16 (b) (1) In proposing and adopting mandatory budding standards
17 under this section, the Department of Housing and Community
18 Development and the commission shall use Sections A4 106 6,
19 A4 106.6 1, A4 106.6 2, A5 106 5 I, and A5 106 5 3 of the
20 California Green Building Standards Code(Part I I of Title 24 of
21 the California Code of Regulations) as the starting point for the
22 mandatory building standards and amend those standards as
23 necessary
24 (2) In proposing and adopting mandatori building standaids
25 under this section the Department of Housing and Communitn
95
Item 4. - 14 HB -96-
—3— AB 1092
1 Development and the commission shall actively consult with
2 interested parties, including, but not limited to, investor-owned
3 utilities, municipal utilities, manufacturers, local building ofcrals,
4 commercial building and apartment owners, and the building
5 industry
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xB -97- Item 4. - 15