McMillan, Acquanette (Netta)
From:
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Carol Ebbinghouse
Sunday, February 5, 2023 3:24 PM
PublicComment-AutoResponse
Subject: Agenda Report No. 6, on Monday's City Council Consent Calendar re PTBID Some people who received this message don't often get email from Learn why this is important CAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is safe. Report phish using the Phish Alert Button. Learn more ....
To: The Honorable Mayor Gordo and members of the City Council From: Carol Ebbinghouse, Pasadena resident and home sharer Re: Agenda Report No. 6, on Monday's City Council Consent Calendar re PTBID Date: February 4, 2023
The proposed resolution of intent to renew the term of the Pasadena TBID would, I believe, illegally sweep short-term rental (STR) properties into the Pasadena Tourist Business Improvement District (PTBID).
On pages 21-22 (of 24) of Attachment A, the PTBID Management District Plan dated November 16, 2022, provides the text of the California Streets and Highways Code section 36632(c):
State of Californiai
STREETS AND HIGHWAYS CODE
Section 36632
( c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. (Amended by Stats. 2003, Ch. 763, Sec. 13. Effective January 1, 2004.) Pasadena passed Pasadena Ordinance 7317ii in 2018:
SECTION 2. Pasadena Municipal Code, Title 17, Article 5, Chapter 17.50, Section
17.50.296 (Short-Term Rentals) is added as follows: "17 .50.296- Short-Term Rentals A. Applicability. The following standards apply to short-term housing rentals whereby a dwelling unit is shared, in whole or in part, for transient occupancy as a way of generating rental income.
Pasadena Ordinance 731 7 defines home-sharing:
1 2/6/2023
Item 6
Home-Sharing. An accessory use of a primary residence for the purposes of providing temporary lodging, for compensation, for periods of 30 consecutive days or less Since primary residences are in residential zones I respectfully request that the resolution renewing the Pasadena Tourism Business Improvement District (PTBID) exclude any references to short-term rentals or any Pasadena residents that are sharing their homes.
Respectfully,
Carol Ebbinghouse
i You can locate a certified authentic copy of the current California Streets and Highways Code section 36632(c) on the California Legislature's website at:
h ttps: / / leginfo. legislature. ca. gov/ faces/ codes displaySection.xh tml ?sectionN um =36632&law Code=SHC or www.leginfo.legislature.ca.gov [Click on the PDF link above the text of the code section for certification of authenticity.]
ii A copy is available at: image8384.pdf (cityofpasadena.net) 2 Jomsky, Mark
To: Official Records - City Clerk
Subject: FW: TBID Renewal - Contact Request from Website From: Michael Ross
Sent: Monday, February 6, 2023 2:28 PM
To: Jens Weiden; Jomsky, Mark; Hawkesworth, Matthew; Marquez, Miguel Cc: Cheung, Lesley
Subject: TBID Renewal - Contact Request from Website
All:
Attached is the response from our consultant that has many years of experience creating TBID's throughout the state. As you can see from her response there is not an issue with the renewal of the Pasadena TBID. Can someone make sure the City Council is made aware of the findings?
Thank you. Mike
Michael W. Ross I CEO
Pasadena Civic Auditorium I Convention Center I Convention & Visitors Bureau From: Gina Reed
Sent: Monday, February 6, 2023 1:21 PM
To: Kristin McGrath
Cc: Michael Ross
Subject: RE: City Attorney - Contact Request from Website Hello,
As you know, the Property and Business Improvement District law of 1994 (94 law) allows for the creation of both property-based and business-based districts.
Section 36632, subsection c, is referring to property-based districts (such as the Playhouse District), where the assessment is levied on real property. The '94 law excludes residential properties from being included in property based districts.
Because the Pasadena TBID levies an assessment on businesses, this section does not pertain to TBIDs that levy an assessment on businesses.
As an FYI. about 23 other TBIDs in California include STRs in their district. let me know if you have any further questions on this matter.
Also, are there any special instructions for the meeting tonight? Should I just listen live? Thanks,
Gina
1 2/6/2023
Item 6
••• • •
Gina Reed
CIVITAS
Senior Project Manager
Civitas
PARTMERSMIPS • PROGRESS • PROSPERITY
From: City Web <cityweb@cityofpasadena .net >
Date: Februa ry 5, 2023 at 3:36 :46 PM PST
To: "Moya, Jesica"
Cc: Carol Ebbinghouse
Subject: City Attorne y - Contact Request from Website
Reply-To: Carol Ebbinghouse
Recipient
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City Attorney
Issue with Renewal of Pasadena's TBID; copy of letter to Mayor and Council To: The Honorable Mayor Gordo and members of the City Council From : Carol Ebbinghouse, Pasadena resident and home sharer Re: Agenda Report No. 6, on Monday 's City Council Consent Calendar Date: February 4, 2023
The proposed resolution of intent to renew the term of the Pasadena TBID would , I believe, illegally sweep short-term rental (STR) properties into the Pasadena Tourist Business Improvement District (PTBlD).
On pages 21-22 (of24) of Attachment A, the PTBID Management District Plan dated November 16, 2022 , provides the text of the California Streets and Highways Code section 36632(c):
State of Californiai
STREETS AND HIGHWAYS CODE
Section 36632
( c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall no be subject to any assessment pursuant to this part. (Amended by Stats. 2003, Ch. 763, Sec. 13. Effective January 1, 2004 .)
Pasadena passed Pasadena Ordinance 7317ii in 2018:
2 Do you
want us to
contact
you
regarding
your
comment?
NAME
Referrer
SECTION 2. Pasadena Municipal Code, Title 17, Article 5, Chapter 17.50, Section 17.50 .296 (Short-Term Rentals) is added as follows: "17.50 .296- Short-Term Rentals A. Applicability. The following standards apply to short-term housing rentals whereby a dwelling unit is shared, in whole or in part, for transient occupancy as a way of generating rental income.
Pasadena Ordinance 7317 defines home-sharing :
Home-Sharing . An accessory use of a primary residence for the purposes of providing temporary lodging, f. compensation, for periods of 30 consecutive days or less Since primary residences are in residential zones I respectfully request that the resolution renewing the Pasadena Tourism Business Improvement District (PTBID) exclude any references to short-term rentals or any Pasadena residents that are sharing their homes .
Respectfully,
Carol Ebbinghouse
You can locate a certified authentic copy of the current California Streets and Highways Code section 36632(c) on the California Legislature's website at:
https: //leginfo.legislature.ca .gov/faces/codes displaySection .xhtml ?sectionNum=36632&lawCode=SHC or www.leginfo .legislature.ca.gov [Click on the PDF link above the text of the code section for certification of authenticity.]
A copy ofOrdinance 7317 is availab le at: image8384.pdf(cityofpasadena .net) Yes - I would like to provide my contact information
Carol Ebbinghouse
https://www.cityofpasadena .net/city-attorney/contact/
3