Pandemic precaution: restriction on STRs

STVRs-Letter-03-2020Today the City of Oceanside issued new temporary restrictions on the operation of Short Term Rentals:

March 31, 2020

Dear Short-Term Rental Owner/Manager:

We hope you are staying safe during this challenging time. The City of Oceanside, along with our county, state and federal partners, is working to slow the spread of COVID-19. As such, this is a reminder about the contents of the Governor’s Executive Order with regard to accommodations.

Short-term rentals that are used for commercial purposes are not considered part of critical infrastructure under the governor’s order. Short-term rental units may only operate:

• To provide COYID-1 9 mitigation and containment measures (for example, isolation and quarantine or the housing of displaced persons or the homeless);

• To provide housing for essential critical infrastructure workers; and

• For use by the property owner and his/her immediate family members.

It has come to the City’s attention that some short-term rentals in Oceanside are being advertised during this time for “retreats” and “family getaways.” This type of message is counter to the Governor and the County of San Diego Public Health Officer’s requirements, and local enforcement will be exercised if this practice continues. You are also reminded that gatherings of more than ten persons are restricted, and those with less than ten people must practice social distancing.

Gatherings are defined by the San Diego County Public Health Officer as any event or convening that brings together ten or more people in a single room or single space, indoors or outdoors. Gatherings of fewer than ten people are strongly encouraged to maintain social distancing.

Social distancing is defined by the San Diego County Public Health Officer as maintaining a six-foot separation from all persons except for family members.

We look forward to the time when health officials amend the current orders to once again allow for leisure travel and other such activities. Until then, it is critical to the health and safety of our community that you adhere to the Governor’s Executive Order and those from the San Diego County Public Health Officer. If you have any questions about this information, please contact Code Enforcement Officer Zack Barnes at (760) 435-3947 or zpbarnes@oceansideca.org .

Sincerely,

Deanna Lorson
City Manager

Residents aware of violations of this policy should directly contact Barnes, the STVR code enforcement officer.

Below is the e-mail ad — sent March 21 — that prompted a complaint to the city.

STVR-ad-March21

 

Council should delay Buccaneer decision to next month

At Wednesday’s council meeting (Item #9), the city is planning to allocate $449,150 to spend on designing the Rail Trail over Loma Alta Creek. (Technically, the council is voting on approving spending up to $100k of city money to go with a $400k SANDAG grant).

While Save South O has for years advocated completing the rail trail for many years, we are strongly opposed to this being approved this month. We have three reasons: budget, transparency and public participation.

To resolve these issues, we ask that the city postpone this item 2-4 weeks (until its April 8 or April 22 meeting) so these issues can be addressed. We ask that you email the council to support this postponement, and send the same information to the city clerk.

1. Budget Uncertainties

The city, state, country and world are in uncharted territory with the economic dislocations created by efforts to fight COVID-19. While health officials can learn from earlier pandemics, economists don’t know the impact of widespread suspension of business by California and other states.

In 2019-2020, 64% of the city’s revenues come from four sources: property tax, hotel (TOT) tax, and regular and Prop X sales tax. These total $110.91m of the $173.48m budget, or 64%.

Oside Budget 18-20

We can expect that hotel, bar and sit-down restaurant revenues will nearly zero as long as the state mandated shutdowns (which began March 15) continue. The most optimistic predictions have life returning to normal in April or May, but on Saturday the county’s health department said county residents should be prepared for the shutdown to last 3-4 months, i.e. into July. In addition, many workers laid off from these businesses will be struggling to make basic purchases like food or housing (neither of which generate sales tax), let alone dining out or shopping for cars, clothes or consumer electronics (which are taxed).

Second, the city’s budget for next year assumes a 7.9% increase in property tax revenues. Some of that would come from new properties, but other aspects depend on increases in property valuation. With the stock market falling by one-third (so far) in the past month — and the newly laid off workers — residential prices are likely to fall as they did in 2006-2011 (even if not as far). The likely bankruptcy of retail businesses will also hurt commercial property tax revenues.

Oside Budget 20-25

All considered, it seems likely that the city will have a $5-15m shortfall in calendar 2020, i.e. the last 4 months of 19-20 and the first 6 months of 20-21.

The city is considering promising up to $100k (20% match to SANDAG’s $400k grant) for this work. The prudent thing to do is to wait a few weeks so that the finance staff can prepare revised budget projections based on the dramatic change in the local economic conditions.

2a. Transparency on Buccaneer

In the past 10 months, Save South O has been trying to get the city to show all its cards on plans for Buccaneer.  It has five projects in various stages of completion:

  1. The rail trail across the east side of the park
  2. Restoring Loma Alta Creek
  3. Replacing the bathrooms
  4. Building a lift station to replace the La Salina Wastewater Treatment Plant
  5. Repurposing the remaining 7 acres of La Salina for condos, a hotel, parkland, or something else

We have met with the respective project managers, city official, and three members of the council. The city still refuses to provide a master plan for these five Buccaneer projects — a map and schedule — show how all of these impact each other. For example, whether the bathroom (or lift station) is built may become obsolete if later uses on the rest of the park mean it’s blocking public access to part of the park. This plan for the Buccaneer area needs to be made consistent with the city’s new Parks and Recreation Master Plan approved by the city in Fall 2019.

We do not believe it’s fiscally prudent to continue spending until these issues are resolved. Save South O will continue to testify against spending any money on planning or implementing permanent improvements at Buccaneer until the city shows the public how all the pieces fit together.

2b. Transparency on the Rail Trail

The city held a public “information meeting” on May 13, 2017 for the rail trail at Buccaneer Park, and has not held a notice public hearing on the design. However, while  the city last updated its project disclosures on its website in October 2017, it has since been sharing information with specific interest groups — which may or may not be the same as was posted in 2017. But the 2017 drawings show the trail will cut off the easternmost stripof the existing park, with no plan to replace that lost acreage.

CRT Final PSR_2017-10-12-p21-100dpi
Dokken Engineering, Project Study Report, October 2017, p. 21
CRT Final PSR_2017-10-12-p28-29
Composite of 2017 Project Study Report, pp. 28-29

None of this information is in the staff packet. The city knows what it wants Dokken do, but a) this is not in the packet b) the city has not held a noticed public hearing on this project since March 14, 2018 (when it voted to apply for the SANDAG grant).

Therefore, we ask the council to postpone allocating the funds until there is a public hearing on the status of the project and future plans.

3. Public Input

Wednesday will be the city’s first full council meeting since the COVID-19 crisis, under new rules that ban in-person participation by the public (in response to state mandates).

The city has put into place new rules for public participation:

Due to applicable Public Health Orders issued by the County Health Officer, the City Council chambers will not be open to the public and City Council members have the option of participating telephonically. Members of the public are strongly encouraged to watch the meeting on KOCT Cox Channel 19 (live streaming service available at www.koct.org/channel-19) and provide written comments on agenda items via email at cityclerk@oceansideca.org .Comments will be received until the Mayor calls the item. All timely received comments will be provided to the City Council.

Members of the public may also provide telephonic comments on each agenda item. In order to provide a telephonic comment, members of the public may call (760) 435-5999. When prompted, the caller should identify the agenda item they wish to speak about and leave a message not to exceed three minutes. All timely received telephonic comments will be shared with the members of the City Council and will be made publicly available at on the city’s webpage at http://www.ci.oceanside.ca.us/gov/council/ac.asp The deadline to leave a telephonic comment is noon on March 25, 2020.

For the first meeting, it is not clear how these policies will work. Will any of them be included in the public broadcast of the hearing? Will every council member hear every comment and read every written submission, the way that in person public testimony is heard?

Therefore, we ask that this item be postponed at least one session so the public can understand how the new process will work.

4. Enough Slack to Make the Change

The city staff may argue that the item cannot be postponed, because it’s tied to the $400k SANDAG grant that expires June 13, 2021. There are several reasons why this does not prevent a 2- or 4-week continuance of this item:

  • The current executive director of SANDAG has made alternative transportation a priority, and thus wants cities to build projects that promote bicycle use.
  • The last schedule task in the contract ends May 3, 2021 — 41 days (almost 6 weeks) before the grant ends. A 2- or 4-week delay is not going to prevent finishing on time
  • Oceanside is not the only SANDAG city facing severe economic dislocation, with unexpected public safety costs, widespread layoffs and wide swath of businesses at risk of bankruptcy. If Oceanside needs a one- or two-month contract extension so that this spring it can make more prudent long-term decisions, it seems as though it will not be alone in needing extra time.