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2020 06 04 STVRP AD-HOC1 SHORT-TERM VACATION RENTAL PROGRAM JUNE 4, 2020 AD-HOC COMMITTEE AGENDA Short-Term Vacation Rental Program Ad- Hoc Committee agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING THURSDAY, JUNE 4, 2020 AT 4:00 P.M. ****************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, and N-35-20, executed by the Governor of California in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the Short-Term Vacation Rental Program Ad-Hoc Committee, the City Manager, City Attorney, City Staff, and City Consultants may participate in this meeting by teleconference. Additionally, pursuant to the above- referenced executive orders, the public is not permitted to physically attend at City Hall the meeting to which this agenda applies, but any member of the public may listen or participate in the open session of this meeting as specified below. Members of the public wanting to listen to this meeting may do so by tuning- in live via http://laquinta.12milesout.com/video/live. 2 SHORT-TERM VACATION RENTAL PROGRAM JUNE 4, 2020 AD-HOC COMMITTEE AGENDA Members of the public wanting to address the Short-Term Vacation Rental Program Ad-Hoc Committee, either for public comment or for a specific agenda item, or both, are requested to send written comments ONLY by email to the Short-Term Vacation Rental Program Ad-Hoc Committee Secretary Lori Lorett at LLorett@LaQuintaCA.gov, and specify the following information: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written Comments The email “subject line” must clearly state “Written Comments.” Written public comments must be emailed to the Ad-Hoc Committee Secretary no later than 12:00 p.m. on the day of the meeting. Written public comments, received prior to 12:00 p.m. the day of the meeting, will be distributed to the Short-Term Vacation Rental Program Ad-Hoc Committee, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Short-term vacation Rental Program Ah-Hoc Committee Chairperson, a brief summary of any public comment is asked to be read, to the extent the Short-Term Vacation Rental Program Ad-Hoc City Staff can accommodate such request. ****************************** CALL TO ORDER ROLL CALL Committee Members Best, Butler, Caldwell, Church, Coronel, Franco, Grotsky, Jonasson, McDonough, Monroe, Navarro, Schutz, Shelton, Spinney and Tamm PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Please email “Written Public Comments” to LLorett@LaQuintaCA.gov and limit your comments to approximately 350 words. The Committee values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda. 3 SHORT-TERM VACATION RENTAL PROGRAM JUNE 4, 2020 AD-HOC COMMITTEE AGENDA DISCUSSION ITEMS 1. APPROVE MINUTES OF MARCH 5, 2020 2. APPOINT TWO MEMBERS TO SERVE AS COMMITTEE CHAIRPERSON AND VICE- CHAIRPERSON FOR THE DURATION FOR WHICH THE COMMITTEE REMAINS ACTIVE 3. REVIEW COMMITTEE OBJECTIVES 4. DISCUSS AMENDMENT FIVE TO CITY EXECUTIVE ORDER NO. 7 RELATED TO SHORT-TERM VACATION RENTAL GUIDELINES 5. DISCUSS LIST OF TOPICS FOR COMMITTEE TO COVER 6. DISCUSS POST COVID-19 BEST PRACTICES GOING FORWARD 7. TOPICS TO COVER FOR NEXT MEETING - OVERVIEW OF SHORT-TERM VACATION RENTAL PROGRAM INCLUDING CODE ENFORCEMENT ADJOURNMENT The next regular meeting of the Short-Term Vacation Rental Program Ad-Hoc Committee is scheduled for Thursday, July 9, 2020. DRAFTShort-Term Vacation Rental Program Ad-Hoc Committee Meeting Minutes March 5, 2020 MEETING MINUTES Short-Term Vacation Rental Program Ad-Hoc Committee Meeting Thursday, March 5, 2020 CALL TO ORDER A regular meeting of the Short-Term Vacation Rental Program Ad-Hoc Committee was called to order at 4:01 p.m. by Lori Lorett. ROLL CALL PRESENT: Committee members Best, Butler, Caldwell, Church, Coronel, Franco, Grotsky, Jonasson, McDonough, Monroe, Navarro, Schutz, Shelton, Spinney, and Tamm ABSENT: None STAFF PRESENT: Design & Development Director Danny Castro, Hub Manager Tommi Sanchez, Management Specialist Missy Mendoza, Permit Technician Michelle Lopez, Administrative Assistant Lori Lorett, Public Safety Manager Martha Mendez, Code Compliance Supervisor Kevin Meredith, and Community Resources Director Chris Escobedo POINTS OF DISCUSSION 1. Welcoming committee members and the public. 2. Short-term vacation rental program mission statement and ad-hoc committee objective. 3. Explanation of committee role; to provide suggestions to Council. 4. Meeting format: • Meet monthly (first Thursday of every month, for 12 months) • Agenda – available the Monday before each meeting • Develop plan for next meeting – committee will decide the topics to cover • Appointing a Chair and Vice Chair to help facilitate meetings – roles and responsibilities were explained. Committee will appoint at next meeting. 5. Committee agreed during open discussion to aim for meetings to last one hour; 1.5 hours maximum, unless extended time is needed for specific topics. DRAFTShort-Term Vacation Rental Program Ad-Hoc Committee Meeting Minutes March 5, 2020 6. The committee agreed to give the public the opportunity to speak about items not on the agenda at the start of each meeting. 7. All emails requesting information and/or documents for meetings should be directed to city staff member Lori Lorett at LLorett@laquintaca.gov 8. Data regarding short-term rentals, a printout of the committee objective, a map of the City of La Quinta to show saturations of short-term rentals in each area, and a recap at the end of the committee duration to show accomplishments by the committee were all requested to be provided. 9. Committee member questioned the short-term vacation rental hotline, asking if calls are logged an if they can see list of complaints. Code Compliance will work to get this information to committee members. 10. A list of topics was created to cover throughout the duration of the committee over the next year. This list was documented by City staff to use for future meetings. 11. Staff to provide at next meeting: • Overview of the short-term vacation rental process/program • Statistics on the short-term vacation rental program for the City of La Quinta • City Code Enforcement overview ADJOURNMENT Respectfully submitted, LORI LORETT, Committee Secretary City of La Quinta, California SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE OBJECTIVE Review Short-Term Vacation Rental Program related information and provide recommendations for Council consideration: • Historical Information • Outreach and Marketing • Compliance and Enforcement • Application process • Online Access • Enhancement Alternatives *** IMPORTANT SHORT-TERM VACATION RENTAL UPDATE *** On May 29, 2020, the Executive Order #7 for Short-Term Rentals was amended (fifth amendment). Please see below for a summary of the changes: • Rentals allowed in private homes where the guest rents the entire home and does not share any common areas with others. Home-sharing is not allowed. • No events or group gatherings are permitted until approved by the State of California. Only guests registered for the home should be on premise. • Complete a deep cleaning after each rental, using products and protocols outlined by the Centers for Disease Control and Prevention. • Ensure a 24-hour reservation gap between when a guest departs and a new arrival. 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 EXECUTIVE ORDER NO. 7 AS AMENDED by this FIFTH AMENDMENT ORDER GOVERNING ALL SHORT TERM, VACATION, HOTEL, MOTEL, TIME-SHARE, AND SIMILAR LODGING RENTALS FOR 30 DAYS OR LESS IN THE CITY EFFECTIVE IMMEDIATELY Original Date of Executive Order: March 26, 2020 Date AS AMENDED: April 3, 2020 Date of SECOND AMENDMENT: April 8, 2020 Date of THIRD AMENDMENT: May 12, 2020 Date of FOURTH AMENDMENT: May 20, 2020 Date of FIFTH AMENDMENT: May 29, 2020 Pursuant to Chapter 2.20 of the La Quinta Municipal Code and City Council Resolution No. EM 2020-001, the City Manager for the City of La Quinta hereby ORDERS the following: 1. This order applies to all “short-term rentals” in the City of La Quinta, which are defined as any and all facilities, including short-term rentals, vacation rentals, timeshares, hotels, motels, and other short-term lodgings, which provide lodging or accommodations to persons for a time period of 30 days or less. This definition includes any definition set forth in the La Quinta Municipal Code, including Sections 3.24.020 and 3.25.030, that provide for a rental timeframe of 30 days or less, and otherwise refer to short-term lodgings or short-term vacation rentals. 2. In further explanation of Paragraph 1 above, “short-term rentals” subject to this order includes all of the following: (A) “Hotels,” “group hotels,” and “time-share occupancies,” as those terms are defined in Section 3.24.020 of the La Quinta Municipal Code; (B) “Short-term vacation rental units” as OFFICE OF THE CITY MANAGER TEL (760) 777-7100 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 defined in Section 3.25.030 of the La Quinta Municipal Code; and (C) Any other lodging areas, structures, improvements, mobile or immobile units, rooms, or enclosed spaces located within the City of La Quinta available for use and occupancy, or used and occupied by, persons for a time period of 30 days or less. 3. Notwithstanding any provisions in Chapters 3.24, 3.25, or any other provisions in the La Quinta Municipal Code to the contrary, commencing from the original date of this order and for as long as the Local Emergency relating to COVID-19 remains in place, all short-term rentals are hereby suspended, and shall not be available for use or occupancy, nor used or occupied by, any person unless in compliance with this order. The fourth amendment to this order was expressly intended to apply on and after May 20, 2020. All terms and conditions in this order that were in effect prior to the date of this fifth amendment, including those set forth in the second and third amendments, remain applicable to any decision made by the city when those terms and conditions were in effect; provided, however, modifications to those prior decisions may be made by the city that are consistent with this fifth amendment. In explanation of and support for continued application of terms and conditions from prior amendments, the original intent of this order was and remains (a) To prevent the spread of COVID-19 by applying the statewide “stay at home” order (California Governor Executive Order N-33-20, as supplemented by Executive Order N-60-20) to transitory or temporary rentals and lodging ordinarily available in the City of La Quinta but for the Local Emergency; (b) To completely suspend, for a temporary period, all short-term rentals in the City of La Quinta for the duration of the Local Emergency as proclaimed by the City Council, and (c) To permit use or occupancy of short-term rentals only in extremely limited situations, and only with clearly convincing evidence in support that such use or occupancy is necessary for COVID-19 relief efforts in the City of La Quinta. With the issuance of California Governor Executive Order N-60-20, the state authorized the re-opening of industries and delegated to the California Department of Public Health (DPH) the responsibility for re- opening and allowing operations of industries in four (4) 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 stages; as of the effective date of the fourth amendment, the state was in “Stage 2” of re-opening and allowing operations of certain industries; the intent of the fourth amendment, as modified by the fifth amendment, is to align this order with the legal ability to use and occupy short-term rentals in the City of La Quinta as may be authorized by, and consistent with, requirements by the DPH and the County of Riverside pursuant to the DPH’s grant to the county of a variance for re- opening industries within the county. 4. Upon the effective date of the fifth amendment, any short- term rental that meets the criteria for Short Term Vacation Rental set forth in Pages 9-11 of the Riverside County Safe Reopening Guidelines dated May 28, 2020, attached hereto as Exhibit “A” and incorporated by reference (County Guidelines), including a short-term rental used for hospitality and guests, may operate pursuant to this order (which includes the requirements set forth in Exhibit “A” for a Short Term Vacation Rental). As set forth in the County Guidelines, hotels, motels, or inns that are situated on a single property with multiple guest rooms may not be used as short-term rentals pursuant to the County Guidelines, as the State has yet to determine when those specific facilities will be allowed for non COVID-19 related use. 5. Except for short-term rentals subject to Paragraph 4 above, all other short-term rentals in the City of La Quinta may open and operate, and shall be used and occupied, as authorized by, and consistent with, California Governor Executive Order N- 60-20 and the requirements of the DPH set forth and available at the following (and any other applicable) Web sites, as may be updated from time to time: https://covid19.ca.gov/industry-guidance/; https://covid19.ca.gov/roadmap/; https://covid19.ca.gov/stay-home-except-for-essential- needs/#top; https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID- 19/County_Variance_Attestation_Form.aspx. 6. Any short-term rental authorized to be opened, operated, used and occupied pursuant to this order: (A) shall have a minimum 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 of 24 hours between the time of a person(s) departure and the time of check-in and new occupancy by any different person(s), and (B) shall comply with Chapters 3.24, 3.25, and any other provisions in the La Quinta Municipal Code that ordinarily would be applicable to the short-term rental. 7. Notwithstanding any provisions in Chapters 3.24, 3.25, or any other provisions in the La Quinta Municipal Code to the contrary, and to the maximum extent allowable under state law, any person who violates this order shall be subject to a fine of $5,000 per violation and an immediate suspension of any and all City permits that authorize the use of the short- term rental for one (1) year from the date of suspension. Citations and suspensions of permits may be issued by the City any time the day after the effective date of the second amendment, and such citation and suspensions of permits may take effect immediately upon issuance to a short-term rental in violation of this order. Payment for any citation shall be due and payable immediately or as set forth in the citation. Any applicable time periods relating to the submittal, processing, and decision of an administrative appeal for the issuance of a citation or other decision of a city officer available under the La Quinta Municipal Code, including Chapters 1.09, 2.08, 3.24, and 3.25, shall be tolled and shall not commence until the date the Local Emergency, as determined by the City Council, is no longer in effect. 8. Any and all advertising for a short-term rental shall not be inconsistent with this order for as long as this order remains in effect. This requirement shall be in addition to any other requirements for advertising a short-term rental set forth in Chapters 3.24, 3.25, or any other provisions in the La Quinta Municipal Code. 9. This order is issued to best protect the public health and welfare and follows the most recent orders and directives from the California Department of Public Health as implemented by Riverside County Public Health Office. Any subsequent order from the City Manager to remove the suspension on, and allow full use and occupancy of, short-term rentals subject to this order shall be based on further direction, if and when issued, 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 from the DPH or the Riverside County Public Health Officer, including any further direction on the Internet Web site for the California Department of Public Health, at: https://covid19.ca.gov/ and https://covid19.ca.gov/stay- home-except-for-essential-needs/#top, and Riverside County Public Health Office at: https://www.rivcoph.org/coronavirus, or successor Web sites established by the state department or county public health office. 10. The Assistant to the City Manager is hereby directed to coordinate, deploy, and monitor the suspension of, and limited use and occupancy of, short-term rentals, subject to this order, with notices to the public and any other reasonable means necessary or appropriate. 11. This order shall remain in effect until terminated or amended by subsequent order from the City Manager. This Executive Order is issued because a Local Emergency, as defined in Section 2.20.020 of the La Quinta Municipal Code, has been proclaimed by the City Council of the City of La Quinta to exist due to the threat of the existence and spread of novel coronavirus disease 2019 (COVID-19) in and throughout the city. All of the findings set forth in the recitals to Resolution No. EM 2020-001 adopted by the City Council are hereby incorporated by reference into this Executive Order. This Executive Order is issued, pursuant to Sections 3, 5, and 8 of Resolution No. EM 2020-001 and Section 2.20.100, Subsections (A) and (B), of the La Quinta Municipal Code, under which the City Manager has the authority and power to issue executive orders for any matters related to the Local Emergency. This Executive Order is issued in furtherance of the authority and power to address the Local Emergency as provided in the California Emergency Services Act, Chapter 7 (commencing with Section 8550) of Title 2 of the Government Code, and implemented by Chapter 2.20 of the La Quinta Municipal Code. Any violation of this Executive Order may be determined to be a misdemeanor and punishable by a fine or imprisonment, or both, pursuant to Section 8665 of the Government Code, Section 2.20.140 of the 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 La Quinta Municipal Code, the provisions in this order, and any other state or city law as may be applicable. EXECUTED BY: _______________________________ Jon McMillen, City Manager City of La Quinta, California SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE TOPICS TO COVER: • What are the rules that are already established? • Explanation of enforcement? Regulations? • Discuss limitations…STR density, noise issues, expectations for neighbors. • Noise - Not just music • 3 strikes policy • Special event permits • Verifying information on applications • STR Policy discussions – Gray areas • False accusations from neighbors • TOT – Recognition of where money comes from and how it benefits the City • Trash solutions • Control investors with STR’s • Noise technology • Response times • Limitations on how many times a property can be rented • Reduce negativity regarding STR • Marketing of STR • Creating STR map for City of La Quinta • Occupancy issues (day vs night) • Ordinance – What’s working vs what’s not? • Impact on neighborhoods • Cap on multiple violations, rentals, etc. • Staff to provide facts and numbers for STR • How can we get everyone to report TOT? • Workshops for new STR owners • Better information distribution to the public regarding STR – provide positive benefits for City • Room conversions • Define noise restrictions • Factual information from complaint calls • New website • Education • Guest expectations • STR guests vs homeowners guests WRITTEN PUBLIC COMMENTS SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE MEETING JUNE 4, 2020 1 Lori Lorett From: Sent:Thursday, June 04, 2020 12:38 PM To:Lori Lorett Subject:RE: Short term Ad Hoc meeting at 4:00pm today ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening  attachments, clicking links or responding to requests for information. **  Lori,  Sorry,  I would like to as one question…  Why didn’t the city allow any Ad hoc meetings when we needed them most…. March1st – May 30th?    Why couldn’t we short term home owners and short term rental managers provide some feedback and have a  discussion instead of the city completely cutting all of us out of all discussions?  Many of us would have loved to have a discussion and be heard.    Most of us want to be good partners and you cut us  out.  It is super disrespectful  WHY would you do this?    I think we deserve an answer or at least a response.  Thank you.  Sincerely,  David Dinnel  POWER POINTS STVR AD-HOC COMMITTEE MEETING JUNE 4, 2020 STVR Ad‐Hoc Committee Regular Meeting 6/4/2020 1 SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE June 4, 2020 1 2 STVR Ad‐Hoc Committee Regular Meeting 6/4/2020 2 IT’S TIME TO NOMINATE… COMMITTEE CHAIRPERSON & COMMITTEE VICECHAIR 3 4 STVR Ad‐Hoc Committee Regular Meeting 6/4/2020 3 SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE OBJECTIVE: Review Short-Term Vacation Rental Program related information and provide recommendations for Council consideration: •Historical Information •Outreach and Marketing •Compliance and Enforcement •Application Process •Online Access •Enhancement Alternatives On June 3, 2020 the Executive Order #7 for Short- Term Rentals was amended (sixth amendment). The following are a summary of the changes made: •Rentals allowed in private homes where the guest rents the entire home and does not share any common areas with others. Home-sharing is not allowed. •No events or group gatherings are permitted until approved by the State of California. Only guests registered for the home should be on premise. •Complete a deep cleaning after each rental, using products and protocols outlined by the Centers for Disease Control and Prevention. •Ensure a 24-hour reservation gap between when a guest departs and a new arrival. •Removal of $5,000 citation for violation and removal of 1-year suspension for violation. 5 6 STVR Ad‐Hoc Committee Regular Meeting 6/4/2020 4 CODE UPDATE Total cases = 368 Currently Open = 93 Currently Closed = 275 (75% closure rate) Total Complaints = 543 Since March 17, 2020… COMMITTEE TOPICS 7 8 STVR Ad‐Hoc Committee Regular Meeting 6/4/2020 5 COVID-19... NOW WHAT? WHAT PRECAUTIONS CAN BE DONE TO ENSURE THE SAFETY OF STVR GUESTS AND HOMEOWNERS POST COVID-19? Proper cleaning and disinfecting of Short-Term Vacation Rentals is important to protect guests and homeowners against the spread of germs. TIPS FROM THE CDC THAT CAN APPLY TO SHORT-TERM RENTALS: Always wear gloves for cleaning and disinfection Clean surfaces using soap and water, then use disinfectant Clean and disinfect high touch surfaces after each guest such as: tables, hard backed chairs, doorknobs, light switches, remote controls, handles, toilets, and sinks Towels and linens should be collected wearing gloves and washed in the warmest appropriate water setting and dry all items completely Always wash hands thoroughly when removing gloves Visit cdc.gov for more cleaning and disinfecting tips and tools 9 10 STVR Ad‐Hoc Committee Regular Meeting 6/4/2020 6 THANK YOU FOR JOINING US! OUR NEXT SCHEDULED MEETING IS: THURSDAY JULY 9, 2020 TOPICS FOR NEXT MEETING: OVERVIEW OF SHORT-TERM VACATION RENTAL PROGRAM, INCLUDING CODE ENFORCEMENT 11