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2020 08 19 STVRP AD-HOC Special MeetingSTVR PROGRAM AD-HOC COMMITTEE 1 AUGUST 19, 2020 SPECIAL MEETING NOTICE AND CALL OF SPECIAL MEETING OF THE LA QUINTA SHORT-TERM VACATION RENTAL PROGRAM AD HOC COMMITTEE TO THE MEMBERS OF THE LA QUINTA SHORT-TERM VACATION RENTAL PROGRAM AD HOC COMMITTEE AND TO THE COMMITTEE SECRETARY: NOTICE IS HEREBY GIVEN that a Special Meeting of the La Quinta Short-Term Vacation Rental Program Ad Hoc Committee (Committee) is hereby called to be held on Wednesday, August 19, 2020, starting at 4:00 p.m.; at La Quinta City Hall located at 78495 Calle Tampico, La Quinta, CA 92253. 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 Committee, City Staff, and City Consultants may participate in this special meeting by teleconference. The special meeting is called for the following purpose. REPORTS AND INFORMATIONAL ITEMS 1. PUBLIC MEETINGS AND COMMITTEE ROLES AND RESPONSIBILITIES BUSINESS SESSION 1. APPROVE ENFORCEMENT SUB-COMMITTEE RECOMMENDATIONS STUDY SESSION 1. DISCUSS DENSITY SUB-COMMITTEE REPORT AND UPDATE Dated: August 17, 2020 /s/ Gavin Schutz GAVIN SCHUTZ, Chairperson Attest: LORI LORETT Committee Secretary STVR PROGRAM AD-HOC COMMITTEE 2 AUGUST 19, 2020 SPECIAL MEETING DECLARATION OF POSTING I, Lori Lorett, Committee Secretary, do hereby declare that the foregoing notice for the Special Committee meeting of August 19, 2020 was posted on the outside entry to the Council Chamber at 78495 Calle Tampico and on the bulletin boards at 51321 Avenida Bermudas and 78630 Highway 111 on August 17, 2020. DATED: August 17, 2020 Lori Lorett, Committee Secretary STVR PROGRAM AD-HOC COMMITTEE 1 AUGUST 19, 2020 SPECIAL MEETING 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 SPECIAL MEETING WEDNESDAY, AUGUST 19, 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 Ad-Hoc Committee (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. STVR PROGRAM AD-HOC COMMITTEE 2 AUGUST 19, 2020 SPECIAL MEETING Members of the public wanting to address the Committee, either for public comment or for a specific agenda item, or both, are requested to send written comments ONLY by email to the 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 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 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 Committee Chairperson, a brief summary of any public comment is asked to be read, to the extent City Staff can accommodate such request. ****************************** CALL TO ORDER ROLL CALL Committee members Best, Butler, Caldwell, Church, Coronel, Franco, Grotsky, Jonasson, McDonough, Monroe, Navarro, Shelton, Spinney, Tamm, and Chairperson Schutz PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Please email “Written Public Comments” to Committee Secretary Lori Lorett at LLorett@LaQuintaCA.gov and limit your comments to three minutes (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. CONFIRMATION OF AGENDA STVR PROGRAM AD-HOC COMMITTEE 3 AUGUST 19, 2020 SPECIAL MEETING REPORTS AND INFORMATIONAL ITEMS 1.PUBLIC MEETINGS AND COMMITTEE ROLES AND RESPONSIBILITIES BUSINESS SESSION 1.APPROVE ENFORCEMENT SUB-COMMITTEE RECOMMENDATIONS STUDY SESSION 1.DISCUSS DENSITY SUB-COMMITTEE REPORT AND UPDATE CHAIRPERSON AND COMMITTEE MEMBER ITEMS ADJOURNMENT The next regular meeting of the Committee is scheduled for Thursday, September 3, 2020. DECLARATION OF POSTING I, Lori Lorett, Committee Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the Committee’s special meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on August 14, 2020. DATED: August 14, 2020 LORI LORETT, Committee Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call The Hub division of the Design and Development Department at (760) 777-7125, twenty-four (24) hours in advance of the meeting and accommodations will be made. STVR PROGRAM AD-HOC COMMITTEE 4 AUGUST 19, 2020 SPECIAL MEETING If special electronic equipment is needed to make presentations to the Committee, arrangements should be made in advance by contacting The Hub Division of the Design and Development Department at (760) 777-7125. A one (1) week notice is required. If background material is to be presented to the Committee during a Committee meeting, please be advised that fifteen (15) copies of all documents, exhibits, etc., must be supplied to the Committee Secretary for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Committee regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. August 13, 2010 Dear Short-Term Vacation Rental Program Ad-Hoc Committee Members, The City of La Quinta would like to thank you for your dedicated service and remarkable commitment to our community. I’d like to take this opportunity to remind you that the Clerk’s Office staff is always available as a resource to you, in addition to your department staff liaison, should you have any questions about the protocol for conducting public meetings and open deliberations. As public servants, we all have a responsibility to maintain the highest standards of ethical conduct in our official duties, and I’d like to provide you with a few key reminders: Meetings must be Open and Public (Brown Act – Government Code Sections 54950 – 54963) Please note that the Brown Act guarantees the public’s right to attend and participate in public meetings. A meeting is defined as any gathering of a quorum of the Committee to discuss or transact business under the body’s jurisdiction. Serial meetings are prohibited. Serial meetings are ones which typically consist of a series of communications, each of which involves less than a quorum of the Committee, but which taken as a whole involves a majority of Committee Members. For example, in a five-member Committee, if Committee Member A talks to Committee Member B who then talks to Committee Member C, then a serial meeting has occurred. Attendance at conferences, social and ceremonial events, where no business of the Committee is discussed are not deemed to be a meeting. City Commissions, Boards, and Committees are governed by the attached Rules of Procedure for Council Meetings (Resolution 2015-023) ROLES AND RESPONSIBILITIES Understand the scope and authority of your Committee and strive to work within that scope. Reports & Informational Item No. 1 Represent the overall public good, not the exclusive point of view of any sole group or interest. Serve as a steward of the public interest. Committee Members shall not appear on behalf of the private interests of third parties before the Council or any of the City’s Commissions, Boards, or Committees, or proceedings of the City. Keep all lines of communication open. Each Committee Member serves as a communication link between the community, the City Council, and staff. Citizen input is key and disseminated to Committee Members prior to meetings in order to consider all interests, attitudes, and differences of opinion expressed by the public. Do your homework and be prepared. Committee Members should become familiar with items under consideration prior to the meetings in order to be fully prepared to discuss, evaluate, and act on matters on the agenda. Feel free to seek additional information, advice, or assistance from staff in advance of a meeting. Establish a good working relationship with fellow Committee Members, the City Council and your staff liaison. Be a participant, an active representative and be enthusiastic. Committee Members who find that they can no longer devote the necessary time to their duties should resign and let someone else provide input into the process rather than being an inactive participant. Please do not hesitate to contact the Clerk’s Office should you need additional information or have clarifying questions. Your enthusiasm for, and commitment to the City are greatly appreciated. We look forward to working with you. Respectfully, Monika Radeva City Clerk Reports & Informational Item No. 1 Presentation ‐ August 19, 2020 1 SHORT-TERM VACATION RENTAL AD-HOC COMMITTEE ROLES & RESPONSIBILITIESPUBLIC MEETINGS August 19, 2020 BALANCED DIVISION OF POWERS City Council - Policy Establish vision & direction for the community’s future Boards & Commissions (permanent)–Advisory Committees (temporary) –Advisory Advise Council on matters within their area of expertise; liaisons, & ambassadors City Clerk - Process Ensures the decision-making process is transparent to the public; it is properly recorded; & is in compliance City Manager & Staff - Product Deliver good & services that the taxpayers cannot provide for themselves 1 2 Presentation ‐ August 19, 2020 2 BOARDS, COMMISSIONS, AND COMMITTEES “Board” means a group of council-appointed persons who provide advice on city issues. (Advisory) “Commission” means a group of council-appointed persons having limited legislative powers to make decisions or recommendations to the council on city issues. (Legislative) “Committee” means a temporary group of persons chosen by the council to give special consideration, investigation, and prepare a report on a pending city issue. (Ord. 516 § 1, 2013) (Advisory) ROLES & RESPONSIBILITIES Community Liaison and Ambassador Steward of public interest Understand the scope & authority of your Committee, & strive to work within that scope Members’ individual expertise Meeting preparation – be familiar with items under consideration Active participant Individual Members do not represent the entire Committee 3 4 Presentation ‐ August 19, 2020 3 STATE LAWS GOVERNING COMMISSIONS Ralph M. Brown Act (GC § 54950 et seq.) Open and Public Meetings Decorum and Order Regular Meetings Serial Meetings Gatherings that are not “meetings” Ceremonial Events Conferences Publicized Community Meetings Brown Act (1953) California Government Code § 54950 et seq. Ralph M. Brown Open & Public Meetings “The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for the people to know. The people insist on remaining informed so they may retain control over the governing instruments they have created.” Guarantees the public’s right to attend and participate in meetings of the local legislative bodies 5 6 Presentation ‐ August 19, 2020 4 TIME TO POST THE AGENDA? Regular Meetings 72 hours prior to the meeting Special Meetings 24 Hours Prior to Meeting Agenda Packet = Agenda & Staff Reports Before every meeting, staff shall prepare and publish an agenda containing a brief description of all items to be acted upon; these items are further elaborated on in a staff report which provides recommended action(s) as well as background on the necessity and implications of the action to be taken. The Agenda Packet shall be made available to the public at the same time it is delivered to the Committee. PUBLIC MEETINGS Meeting – a gathering of a majority of the members ofthelegislativebodyatthesametimeandlocation to hear, discuss, or take action on any item that is within the subject matter jurisdiction. Quorum – required to hold a meeting and sufficient to conduct business as usual. Motion – motions are passed by a majority vote; it does not need to be unanimous. Public Comment – public comment is available on any matter within the City’s jurisdiction. Actions may be taken ONLY on matters listed on the agenda. 7 8 Presentation ‐ August 19, 2020 5 PUBLIC MEETINGS Serial Meetings – deprive the public of an opportunity for meaningful participation in the legislative decision-making. 1. “Chain” Example: Member A contacts Member B Member B contacts Member C Member C contacts Member D, and so on … The Brown Act is violated as soon as a quorum of the members have discussed, deliberated, or taken action on an item within the legislative body’s subject matter jurisdiction. 2. “Hub & Spoke” Example: An intermediary, such as the City Manager or City Attorney, contacts at least a quorum of the members to develop a collective concurrence (or communicate each member’s respective positions) on an action to be taken by the legislative body. The Brown Act is NOT violated if a majority of the members attend a conference or similar gathering; purely social or ceremonial occasions; open and noticed meetings of another body of the local agency; publicized meetings to address a topic of local community concern, provided that the majority of the members do NOT discuss amongst themselves, other than as part of the scheduled program, business of a specific nature that is within their subject matter jurisdiction. SERIAL MEETINGS Send information to staff to distribute Do NOT “Reply All” to emails F A E B D C A or 3rd party 9 10 Presentation ‐ August 19, 2020 6 FOCUSED SUBCOMMITTEES Do not constitute a quorum of the Committee’s membership. Focused on a limited subject matter which constitutes only a part of the Committee’s overall scope of purview. Research, findings, and recommendations are discussed during a public meeting of the Committee. Can NOT take action on matters within the Committee’s scope of purview. CONDUCT DURING MEETINGS Committee Members All remarks & questions shall be addressed to the Presiding Officer & not to any other individual Member, staff, or other person. All comments must be within the scope of the subject matter jurisdiction of the Committee. Represent the overall public good, not the exclusive point of view of any sole group or interest. Respect conflicting points of view. Be hones, positive, and mindful of the goals of the Committee, which are for the benefit of the community and are meant to produce something positive. 11 12 Presentation ‐ August 19, 2020 7 CONDUCT DURING MEETINGS Public Any member of the public may address the Committee and provide public comments. He/she shall state name, address, company he/she represents, if any. All remarks & questions shall be addressed to the Presiding Officer & not to any other individual Member, staff, or other person. All comments must be within the scope of the subject matter jurisdiction of the Committee. CONDUCT DURING MEETINGS Staff May assist the Presiding Officer in conducting the meeting in accordance with the Brown Act: Verbally announcing the motion and vote (if omitted by the Presiding Officer) Steering the discussion to the subject matter under consideration if it has gone “off-track” If division of opinion between the Members is apparent, staff shall provide alternative options (i.e. continuing the matter, revising the motion, adding conditions of approval to address concerns raised at the meeting, etc.) 13 14 Presentation ‐ August 19, 2020 8 PLACING ITEMS ON FUTURE AGENDAS Make a request during a meeting under “Committee Members’ Items” section, and obtain Committee consensus to direct staff to place the item on a future agenda Contact Department Liaison Committee Chair or Department Director QUESTIONS & DISCUSSION 15 16 City of La Quinta STVR AD HOC COMMITTEE: August 19, 2020 STAFF REPORT AGENDA TITLE: APPROVE ENFORCEMENT SUB-COMMITTEE RECOMMENDATIONS RECOMMENDATION Continue deliberations on the enforcement recommendations. SUMMARY At the July 9, 2020 meeting of the STVR Ad Hoc Committee, an enforcement subcommittee was formed to review and make recommendations on STVR enforcement regulations. Several enforcement related topics were listed by the STVR Ad Hoc Committee as topics for review and study. The enforcement subcommittee members are Mary Caldwell, Michele McDonough, Malia Monroe, Sally Shelton, and Gavin Schutz. City staff in attendance are Chris Escobedo, Martha Mendez, Danny Castro, Kevin Meredith, and Tommi Sanchez. The assignment of the enforcement subcommittee is to focus on the issue of enforcement regulations of STVRs in La Quinta, research and study this topic and to report back their recommendations to the full (parent) Committee. At the request of the Council, an update of the subcommittee findings was presented at the August 4, 2020 Council meeting, and the subcommittee findings were reported back to the parent Committee at the August 6, 2020 meeting. The Committee will continue to deliberate on the enforcement recommendations. Ultimately, the final recommendations of the Committee will be reported to the City Council. Attachment: Recommendations on Enforcement BUSINESS SESSION ITEM NO. 1 Page 1 of 9 City of La Quinta STVR Committee Recommendations on Enforcement Rev 4 This report contains specific recommendations adopted by the Ad Hoc STVR Committee. Only enforcement recommendations are addressed here – additional recommendations will be presented as they are addressed by the Committee. The overall issues surrounding enforcement can be divided into three main groups: Each of these groups contain issues that must be addressed as part of a comprehensive enforcement process. This document provides a starting point for the Committee in identifying the main enforcement issues. It provides a brief discussion on each issue and outlines recommendations that will provide a solution to that specific issue. In some cases, a single recommendation may provide solutions to several problems (for example, trained and dedicated enforcement personnel). Finally, the document provides a priority matrix for discussion on suggested prioritization of recommendations. Sourcing for this document comes directly from the original list (“Lori List”) of issues identified by the Committee at its first meeting. Only issues relating directly to enforcement are covered here: other discussion topics not related to enforcement are outside the scope if this subcommittee. Issues before an enforcement event: •Communicating with the City / Verifying a Complaint •STVR Homeowner not Registering with the City •STVR Owner not aware of the rules •Renters not aware of the rules •Neighbors (or community at large) not aware of the rules •Knowledge level or outsourced services City of La Quinta STVR Committee Enforcement Subcommittee Page 2 of 9 The enforcement event: •No contact with Owner / Representative •Noise / behavior / party events •Occupancy Limit violations •Parking •Trash •Sensitive neighbors After the enforcement event: •Repeat offenders / 3 Strikes Issues before an enforcement event Issue: Communicating with the City / Verifying a complaint Discussion: STR Owner/Managers and homeowners have expressed frustration with the City hotline. The hotline is often unmanned in times of most critical need. Even when manned the latency between phoning in and having an issue addressed is often hours (sometimes longer). Frequently, because of this delay, the issue being reported resolves itself before the City responds, but after a homeowner has endured several hours of pain. When it eventually responds, the City may therefore find no evidence of any issues, resulting in a false negative incident report, frustrating homeowners and leading to inaccurate violation statistics. Anecdotal evidence indicates this tends to be a bigger issue in STVR properties that are managed by non-resident owners (i.e. management companies). Also, if the City calls property management (starting the clock on the 45-minute rule) it simply hands off, and little or no follow up checking is done with the reporting homeowner (or STVR Owner) to confirm the issue is resolved. Also, in the case of STVR owners employing property managers, sometimes the actual owner doesn’t even know there has been a complaint. Effective and timely communications between STVR property owners, renters and neighbors with respect to notification and enforcement represents a critical path in getting the community to work together harmoniously. Recommendation: •Staff the hotline with live, (local, trained) personnel who are familiar with La Quinta geography and empowered and equipped to initiate complaint resolution immediately. City of La Quinta STVR Committee Enforcement Subcommittee Page 3 of 9 •Increase field enforcement staffing by at least two additional full time STVR trained officers available for immediate dispatch during times of need. •Hotline and enforcement staff should be dynamically managed: more staff when the hotline is heavily used (evenings and weekends) and less staffing at times when complaints tend to be low (weekday mornings and afternoons). •Require a code inspection be performed on a property prior to granting an STVR license. This inspection should be for the purposes of verifying accuracy with respect to the application, particularly in the areas of occupancy limits (number of bedrooms) and living arrangements (room conversions, etc.). Issue: STVR Homeowner not Registering with the City Discussion: A significant number of homeowners who rent property do not register with the City, thereby avoiding paying fees, oversight and TOT. Enforcement of the City mandate requiring STVR owners to register is difficult as the City is often unaware of their business unless a complaint is filed against the property. Recommendation: •Require that a City of La Quinta STVR permit number be included in all property advertisements on all platforms (VRBO, print, web, etc.). •Publicize the registration requirements regularly on the web site and through social media outlets. •Include mail inserts to all residents in any surface mailings sent out to residents. •Where possible, partner with HOA communities and Management Companies to exchange information on STVR rental activities. •Assess significant monetary penalties for non-compliance. These penalties must be paid before an STVR license can be obtained. Issue: STVR Owner not aware of the rules Discussion: Some owner/operators/managers do not read the relevant statutes/ordinances governing how properties may be rented even though this is a requirement of registration. Recommendation: •Applicants, any individuals listed as contacts for the property, and any designated Management Company representatives who directly manage a property must attend a compulsory workshop prior to the issuance of permits. Applicants must sign a document asserting they have attended the workshop, understand the rules and agree to be bound by them. City of La Quinta STVR Committee Enforcement Subcommittee Page 4 of 9 •STVR Owners, any individuals listed as contacts for the property, and any designated Management Company representatives who are directly responsible for managing a property that has been assessed a violation must retake the compulsory workshop at their own expense before a license for that property can be renewed. •This training workshop should also be open to the public so that interested parties (neighbors, potential new STVR licensees) can familiarize themselves with the requirements and responsibilities of STVR ownership. •False advertising (i.e. number of bedrooms, sleeping capacity, occupancy limits) will result in a citation, and count as a strike against the property. Issue: Renters not aware of the rules Discussion: Many renters who occupy STVR units are not aware of the rules for conduct or behavior. While the City ordinance requires STVR owners to provide a copy of the relevant documents, they are often ignored by many renters. When renters first occupy the property, it is often not their priority to stop and read documents. In many cases, the renters only become aware of the rules after they have caused a disruption with neighbors, which is too late. Recommendation: •The City require the property owner/manager assert that a renter has been provided with all current City ordinances governing expected behavior in advance of allowing that renter to occupy the property. •A condensed copy of the relevant ordinance(s) must be permanently fixed to a prominent location inside the property. This document will be generated by the City and outline the relevant rules in plain language. •Update and strengthen the “Good Neighbor” brochure to include specific language relating to noise and personal behavior requirements. Require a copy be included as part of every rental agreement. •Changes to City ordinances, including adoption of temporary orders must be posted in a prominent location inside the property within 48 hours of adoption, and before the property can be rented again. Issue: Neighbors not aware of the rules Discussion: Neighbors are often ill-informed about the specifics regarding STVR rules and ordinances that affect them. Many have unreasonable expectations regarding ill- defined and vaguely defined concepts such as “quiet enjoyment” and what exactly constitutes “noise levels of greater than 60dBA”. Differences between daytime and nighttime restrictions are also not well understood. (Note this issue may also apply to STVR owners and renters). Parking requirements and trash pickup rules City of La Quinta STVR Committee Enforcement Subcommittee Page 5 of 9 are sometimes not clear (and may conflict with HOA rules in managed communities). For example, some communities require parking in the driveway before street parking may be used. Another example is many neighbors have expectations that any audible noise is cause for complaint. Some are unaware of the 10:00 p.m. curfew on amplified noise, while others believe that any noise after 10:00 p.m. is unacceptable. Recommendation: •ALL neighbors adjacent to (on all sides) and across the street from an STVR property be notified by the city and supplied with the same documents the Owner is required to furnish to the renter. (This could be a requirement placed on the STVR owner if the City feels it is appropriate – as long as the neighbor gets the information). These documents must include: o A copy of the City STVR Ordinance o A Copy of the “Good Neighbor” brochure o Contact information for complaints to the City. o Contact information for the Property owner and the Property Manager if applicable. o A link to the City STVR website where interim rule changes are posted. •These documents should be refreshed annually as part of the license renewal process. •A document should be provided to the neighbor explaining the meaning of any technical terms. Where possible real-life examples should be used to illustrate the terms used. This document should be provided to renters as well. The Enforcement Event Issue: No contact with Owner/Representative Discussion: In cases where a complaint is received by the City, the current process is to call the STVR owner or property management representative. This begins a 45-minute clock as required by the City ordinance. In the event the City is unable to contact the responsible party within a 45-minute window, the escalation process is to report the issue to RCS and handoff to them. This process has proven ineffective as the RCS often takes significant time to respond – if at all. In the meantime, the City has no way of verifying the complaint, and the neighbor continues to endure the problem. The issue seems to predominantly affect STVR properties where there is a non- resident or externally managed property (needs to be verified by City statistics). City of La Quinta STVR Committee Enforcement Subcommittee Page 6 of 9 While a fine may be issued to the STVR property owner after the 45-minute window has expired, this does not help at all with enforcement of the actual issue being reported. In addition, the fine may be dismissed as simply a “cost of doing business” by the property owner and absorbed by them (or passed on to the offending renter if possible). Recommendation: •Implement an escalation process whereby if the first call to the designated contact goes unanswered within a 30-minute window, a call is made to RSO and a mandatory citation is issued. •As described above, increase the number of trained and dedicated enforcement personnel to levels that can actively address the situation with or without the homeowner / property manager. Issue: Noise/ Behavior/Party events Discussion: Noise and behavior related disturbances represent a significant portion of overall complaints (need to incorporate City data). Also, these complaints tend to be high profile and very visible in the community, as they potentially impact all neighbors surrounding the property and interfere directly with neighborhood quality of life. Often there is a three-way knowledge gap (STVR homeowner, renter and neighbor) about exactly how much noise is too much, and what conduct is acceptable during daylight or nighttime hours. City and county statues/ordinances are definitive and objective in this regard, however they are of little use as they rely on technical specifications such as dB(A) ratings etc., and do not supply enough guidance for measurement. This leads to deeply subjective interpretation of the relevant rules and unrealistic expectations from neighbors about exactly how much noise is acceptable. Recommendation: •A document should be prepared and provided to all parties clarifying definitively the meaning of any technical measurements and how these measurements should be interpreted. (See also above). •Enforcement personnel should be provided with and trained to use relevant noise level meters and other tools that enhance objective measurement of noise. They should also be trained to explain the results of these measurements to neighbors and renters in the event of a complaint. •Where possible, real-life examples should be used to illustrate the terms used. This document should be provided to renters as well. City of La Quinta STVR Committee Enforcement Subcommittee Page 7 of 9 •The City should implement tutorial workshops that clarify what the noise and behavior rules are. These workshops should open to all community members and conducted on a regular basis (perhaps once every calendar quarter). •Quiet hours shall be between the hours of 10:00 pm and 8am. No amplified noise shall be permitted between the hours of 8pm to 8am. Issue: Occupancy Limit violations Discussion: The City places occupancy limits on all occupied dwellings, however enforcement is difficult in most cases because of privacy issues. In the case of STVR properties, the most visible issue results from parties or renters allowing additional occupants overnight on the property. This problem is also difficult to manage from an STVR owner’s perspective as often the renter declares substantially fewer occupants on the lease than actually show up. Enforcement is difficult when there are no other issues with the rental property, however when a complaint is issued, the City is empowered to ask (and verify) how many occupants are on property. (need to check legality of this). This problem is seldom an isolated issue: it usually arises as part of a complaint involving noise, vandalism, trespassing (i.e. people in pools) or some other behavior. From an STVR rental issue, this problem may not need to be addressed unless it is the cause of some other complaint. However, if such a complaint is filed (particularly in evening or nighttime hours), the City has a responsibility to respond. Recommendation: •Empower and require enforcement personnel to ask and verify (subject to legal applicability) the number of occupants at time of a complaint. •Notify the STVR owner or property manager immediately if a citation will be issued. This is will enable recovery of any fines from the occupants before security deposits are refunded, etc. •Limit overnight parking for STVR properties (see also below). (This is the way some HOA communities manage occupancy issues) Issue: Parking City of La Quinta STVR Committee Enforcement Subcommittee Page 8 of 9 Discussion: Excessive vehicle parking in and around the property is disruptive to neighbors and represents safety issues on smaller, narrower streets. Often, mailboxes and fire hydrants are obstructed in violation of city codes. Recommendation : •Require the Owner/Contact person/Property Manager obtain a list of vehicle license plate numbers for renters occupying the property. This list must be available to the compliance officer upon demand. Failure to provide this list will result in a citation. •Limit the number of vehicles that may be parked on the street to a maximum of three vehicles during times the property is rented. Issue: Trash Discussion: Trash is sometimes left out on the street when renters exit the property, creating an objectionable look and possibly a health hazard. Also, trash policies can vary depending on location within the city. For example, certain HOA communities may have different trash regulations from other non HOA communities. Recommendation: •Current regulations are adequate for dealing with this issue, however during the process of getting a license, the STVR applicant should be specifically made aware of the current trash collection policy, including the availability of larger capacity bins and concierge collection services, as well as the fines associated with non-compliance. •The STVR owner must inform the renter in writing of the property specific trash policy as part of the rental agreement. After the enforcement event Issue: Repeat offenders /3 Strikes Discussion: There is evidence that while some STVR properties are repeat offenders, a vast majority of properties are not unduly disruptive from an enforcement perspective. This means that many of the enforcement issues discussed here result from a relatively small proportion of STVR properties. (Note: The issue of STVR Density, the effects on quality of life and community perspectives etc. are outside the scope of this Enforcement Subcommittee and will be addressed by the main group). City of La Quinta STVR Committee Enforcement Subcommittee Page 9 of 9 Therefore, there should be a heavy focus on enforcement of repeat offenders, as they contribute disproportionately to how the overall program is perceived. The City already has measures in place that deal with “threepeat” offenders. Anecdotal evidence suggests these measures are not being used. One reason may be because the City does not have adequate dedicated resources to manage the enforcement program, allowing repeat offenders to get away with multiple offenses. It also disrupts the neighborhood, provides negative press and denies the City access to substantial revenues from the program (see above). Recommendation: •Reduce the current 3-strike rule to a 2-strike rule for noise and personal conduct violations. •In the event an STVR permit is suspended for any cause, the City shall notify the Owner, and any contact person or Property Management firm associated with the property. In addition, a notification of suspension shall be sent to all neighbors adjacent to (on all sides) and across the street from of the suspended property. •Staff the hotline with a live, (local) person who is familiar with La Quinta geography and empowered and equipped to initiate complaint resolution immediately. (See previously). •Increase field enforcement staffing by at least two full time STVR trained officers available for immediate dispatch during times of need. (See previously). City of La Quinta STVR AD HOC COMMITTEE: August 19, 2020 STAFF REPORT AGENDA TITLE: DISCUSS DENSITY SUB-COMMITTEE REPORT AND UPDATE RECOMMENDATION The density subcommittee will provide an update of their findings and seek input from the full (parent) Committee. SUMMARY At the August 6, 2020 meeting of the STVR Ad Hoc Committee, a density subcommittee was formed to review and make recommendations on the issue of density/over-concentration of STVRs. The STVR Ad Hoc Committee listed density/over-concentration of STVRs as one of the topics for review and study. The density subcommittee members are Lawrence Best, Mary Caldwell, Stella Church, Derek Spinney, and Gavin Schutz. City staff members in attendance are Danny Castro, Tommi Sanchez, Lori Lorett, and Michelle Lopez. The density subcommittee had its first meeting on Friday, August 14, 2020. The assignment of the density subcommittee is to focus on the issue of density/overconcentration of STVRs in La Quinta, research and study this topic and to report back their recommendations to the full (parent) Committee. The subcommittee will periodically report back their findings to the parent Committee while they continue to work through their assignment. Ultimately, the Committee will deliberate on the subcommittee’s work and make its final recommendations for consideration by the City Council. STUDY SESSION ITEM NO. 1 WRITTEN PUBLIC COMMENTS STVR AD-HOC COMMITTEE MEETING AUGUST 19, 2020 From: To:Lori Lorett Subject:STVR Date:Thursday, August 6, 2020 12:35:16 PM ** 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. ** Hi! I am in the mortgage business here and my husband is broker / realtor. We are in favor of the Short Term Rentals as it helps bring income to the city during times that the owners may not be here. We are a vacation community so we should allow our homeowners who are not here full time to be able to rent to bring funds into the valley throughout the year. These are real part of our local economy. Please don't remove more income from our city. Losing the events this year has been a huge impact to our businesses! Erin Dibble La Quinta Resident STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT ERIN DIBBLE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR Cove Neighborhood Steering Committee La Quinta Cove August 14, 2020 Dear Mayor Evans, Mayor Pro Tem Peña, Councilwoman Fitzpatrick, Councilman Radi, Councilman Sanchez, and City Manager McMillen: The La Quinta Cove Neighborhood Association Steering Committee has been paying close attention to the rapidly increasing unease created by the explosive and unregulated growth of Short Term Vacation Rentals (STVRs).  This is an issue we have brought up through the years with the City and now is out of hand.  Because of  the growing criticism of STVRs the community is expressing, and our own direct experience, we felt the need to address you directly to voice our concerns. We live in a residential area.  It is zoned as a residential area.  People invest their lives here.  They raise their children and retire here.  For many, their homes are their life’s investment.  People moved here because of everything they originally found desirable here; they became part of a community, a neighborhood.  STVR investors never asked if they could come in and exploit that.  Neighbors were not asked for permission.  Through no fault of their own, neighborhoods have been turned into commercial zones.  It doesn’t matter if guests are liquored up partiers or sedate workers from “home.”  STVRs are commercial enterprises, there for the profit of one, at the expense of the many. They are anathema to “neighborly” or “community.” We are speaking as citizens of the Cove neighborhood.  There are communities in La Quinta that have their own HOA’s that can regulate STVRs however they decide as a group.  The Cove, however, relies on you to defend our best interests.  11 out of 12 in our group advocate for the complete elimination of all STVRs, phasing them out within a set amount of time.  We all agree that the density issue and strict enforcement need to be addressed immediately. We have listened to our friends and neighbors in the Cove and have come up with these recommendations.  We have studied the emergency measures including the 90 day moratorium on the issuance of new STVR licenses.  The Steering Committee unreservedly supports Executive Orders #9 and #10, with the following amendments, mindful that the majority of us are seeking the phasing out and elimination of STVRs: 1)The 90 day moratorium should be extended, perhaps indefinitely. 2)Some of our neighborhoods are so saturated that the majority of their “neighbors” are a constant flow of strangers.  There is no “neighborhood” for them.  Many cities, having banned STVRs outright, have allowed Home Sharing.  When Home Sharing is allowed, there are saturation limits in place.  If  Home Sharing continues, perhaps there can be something like one every 500 feet.  If  Home Sharing, or STVRs temporarily, are allowed to continue in any capacity in The Cove neighborhood, we recommend that it be restricted to one rental per owner/investor, that they be a resident of La Quinta, and STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY COVE NEIGHBORHOOD STEERING COMMITTEE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR perhaps limit it to their primary residence.  Density is a key component.  Seniority should be considered when revoking the permits where STVR density is most egregious. 3)We enthusiastically endorse the emergency measures’ ban on amplified music from STVRs.  This has been an effective tool in other cities and we hope this is a permanent issuance. 4)Parking restrictions need greater enforcement. 5)Violations of STVR regulations should be rigorously enforced.  We recommend a 2 strike policy; first offense met with a heavy fine, the second offense results in a permanent revocation of their STVR license.  This will help cull STVRs.  An appeals process should be implemented that does not allow continued use of the business until the appeal is complete. There will be some loss of TOT; however, with the existing communities in La Quinta that welcome STVRs, the new hotels opening, and the institution of significant fines, there will be enough money to support enforcement personnel that we certainly need. The consequences of the pandemic have brought about circumstances that evolved rapidly.  An onslaught of STVRs are threatening our once peaceful Cove neighborhood.  Please help us restore it. We are at your service if we can be of any assistance with regard to this urgent matter. Sincerely, Cove Neighborhood Steering Committee Edward Armendarez, Katie Barrows, Toby Browning, Edie Hylton, Mishael Patton, Nancy Salvatierra, Jeff Smith, Val Smith, Linda Williams, Kay Wolff, Doriel Wyler STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY COVE NEIGHBORHOOD STEERING COMMITTEE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:FW: Short Term Rental Date:Thursday, August 6, 2020 12:38:28 PM ** 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. ** Sent from Mail for Windows 10 From: Sent: Thursday, August 6, 2020 12:27 PM To: lloret@laquintaca.gov Subject: Short Term Rental I have sent several comments about the short term rental next door at Jack Nicklaus Blvd. La Quinta. The person renting this property lives in Dana Point, Ca and does not visit more than two or three days each year. I have lived more than two years next door at Jack Nicklaus Blvd. He has broken all rules many times including parking, number of visitors, driving golf carts across my back yard, going on private golf course. I have talked to him many times and he says I should call him when it happens. It is not my responsibility to manage his property. He leases this property about 200 or more days and continues today when the virus is at all time high. I have brought this issue up several times to the city manager and others. This is a business next door and probably breaks a zoning law of having a business in a community. I believe the city is more interested in taxes than the safety of Its residents. At some point we may need the community to ban together and sue the City to get your attention This is an easy fix. If your require short term rentals to live their homes a minimum of four months each year you will eliminate just investors but allow homeowners to recover some of their expenses when they are here only part time. AS long as real estate companies support these individuals, as in this instance, the decisions become political. I understand the person next door looks after 15 short term rentals. Please step up take care of this problem and show you care about your people that elected you. Don Alexander Sent from Mail for Windows 10 We STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT DON ALEXANDER PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Cc: Subject:Public Comment on PROPOSED City of LaQuinta Executive Order 10 - Order Imposing 90-Day Moratorium on Processing Any New Applications for Short Term Vacation Rentals Date:Thursday, August 6, 2020 12:44:14 PM ** 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. ** To the City of La Quinta Short Term Vacation Rental Committee: I am writing to you today to request that the city NOT issue a moratorium on short term vacation rental licenses. I am a property owner at Legacy Villas in La Quinta purchasing our condominium in 2012, but we have visited and enjoyed vacationing in La Quinta (and the surrounding Coachella Valley) since the mid-1980s. We enjoy sharing the beauty of the area with our friends, family and guests and take great pride in owning our property in La Quinta. A moratorium on short term vacation rental licenses – particularly on properties such as Legacy Villas with long term rental restrictions – will devastate the value of the properties and impact my income. Furthermore why push away valuable visitors to La Quinta and the revenue they generate for the city? Given the crushing impact of COVID-19 on the city’s finances, it does not make good economic sense. Every single cent of the transient occupancy tax my guests pay goes directly to the city, and the city (and the surrounding residents) benefit when my guests support local shops, eateries, and businesses. I urge the city to reject the proposal to issue a moratorium on short term vacation rental licenses. Thank you. Kurt Petersen STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT KURT PETERSEN PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:STVR opinion Date:Thursday, August 6, 2020 12:49:05 PM ** 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. ** To whom it may concern, I am local Realtor and work with a short term vacation management team. In my opinion this 90 day Moratorium is bad idea as it has already negatively effected La Quinta property values and created more uncertainty in our very fragile economy and markets. I personally am involved in two sales that will probably fall thru because of the decision to suspend the STVR applications. I agree that some reform may be necessary and stricter policies put in place but this last minute suspension, without warning, will create financial harm to many. So many of the sales that took place past few month were at all time highs for La Quinta and only took place because they we intended for short term rentals. Many of the buyers did their due diligence with the city and didn’t have any notice that this may happen. I fear that law suites may be coming to city. If I recall correctly, Palm Desert gave notice 1 year in advance before they ended there short term rental program. In my opinion, the recent increase of issues are mostly coming from non-professionally managed units, where guest are not provided the rules and regulation and are not greeted by a host at checkin-in. Also, I think the influx in summer rentals is temporary and result of the current shut downs in large cities like LA and San Diego or people just wanting out of the city. Local hotel and resorts being closed or limited occupancy is also pushing people to homes. Thank you for taking the time to read my thoughts. I do have many more points but only saw today’s notice 20 minutes before the noon deadline that you were accepting the communities opinions. Regards, Kasey Lund Windermere Desert Living Direct La Quinta CA 92253 STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT KASEY LUND PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:La Quinta STR Date:Thursday, August 6, 2020 12:52:13 PM ** 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. ** Please find the following email urging NOT to have any restrictions or moratoriums on short term rentals in La Quinta as this is imperative to our economy here and income as well as real estate. Jolie Leydekkers Windermere Homes & Estates STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT JOLIE LEYDEKKERS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:We ask the City to reject the proposal to issue a moratorium on short term vacation rental licenses Date:Thursday, August 6, 2020 2:32:03 PM ** 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. ** We have owned a three-bedroom condo in Legacy Villas in La Quinta since 2012, and have enjoyed living part time in La Quinta (and the surrounding Coachella Valley) since the mid- 1980s. In order to afford to live here part of the time, we bought our home at Legacy Villas with the option and ability to generate income from the condo when we are out of town. Legacy Villas was designed and intended to be rented to short-term guests (initially as an overflow from La Quinta Resort and Spa, but then as a stand-alone community). As you may know, long term leases (over 30 days) are banned in Legacy Villas. We value our condo and oppose efforts that would reduce its value to produce some income for us. We are both retired and live on a fixed income that needs to be supplemented. A moratorium – even a temporary one – on short term vacation rental licenses will have a significant detrimental impact on property values in La Quinta overall and on our condo in Legacy Villas. No one will be sure that it will be temporary or expanded. We understand that the City is justifying the moratorium as a response to COVID-19, but our HOA is more than capable of making sure social distancing is enforced to the extent it needs to be. Use of the pools is the one area where people can congregate but pools have chlorine and the large volume of water dilutes what small amount of the virus survives the heat, sunlight and chlorine. There is no evidence that the virus has spread here (or anywhere) by pool use. Most of the other uses by short term guests do not involve large gatherings, which can be dealt with without a blanket and drastic ban on short term rentals. Government has a Constitutional responsibility to protect long-standing property rights not to diminish them, especially when other less intrusive means are available. Finally, a moratorium will not only negatively impact the value of the properties in La Quinta, it will have a significant negative impact on City’s finances. All of the transient occupancy tax our guests pay goes directly to the City, and the City benefits when our guests support local shops, eateries, and businesses. What will be next? A tax increase to make up for an ill- advised moratorium that reduces City finances and our property values and our supplemental retirement income? Will the moratorium pave the way for continued restrictions or a total ban? Don’t start down this path, especially when other means of dealing with the virus exist. We ask the City to reject the proposal to issue a moratorium on short term vacation rental licenses. Very truly yours, Steve and Jeanyne Marshall La Quinta, 92253 STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENTS STEVE & JEANYNE MARSHALL PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:STVR Date:Thursday, August 6, 2020 4:25:32 PM ** 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. ** Do not restrict my rights as a property owner. Buy me out if you want to change the rules. Lawrence Van Pelt Keller Williams Realty STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT LAWRENCE VAN PELT PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Vacation LQ Subject:THANK YOU! Date:Thursday, August 6, 2020 10:23:31 PM ** 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. ** I wanted to thank the City Manager for finally adding more restrictions to the owners of vacation rentals. I live in between two vacation rentals that are very busy. Every week there are different occupants staying in these houses. Sometimes it's more than once a week, the noise has been a tremendous problem. Often times I am not able to sleep as my bedroom is facing one of the house's backyard and pool. The tenants are usually loud and the owners of the house have installed very bright lights that stay on all night. In fact, the lights are so bright that the glare shines in to my bedroom. I understand people coming from out of town helps our local economy, but I feel as if I am living next to two hotels. It also upsets me that people are purchasing houses in the Cove to utilize them as a businesses. For instance, the owner that rents his house next to mine doesn’t live in the valley, and the owners' that rent their house behind me, have two very popular listings on Airbnb in the Cove. These houses are no longer homes, they are businesses. I always said that I wouldn’t want to live anywhere else in the valley, other than the Cove, but with different people constantly staying in the vacation rentals' next to me, it has become harder for me to feel safe in my house. To the point where I am strongly considering selling my house and moving out of the area. I am hoping that the new restrictions will help slow the spread of vacation rentals and I hope that I don’t have to sell my house and leave the Cove that I love so much. Thank you Yoled Hernadez STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT LOLA HERNANDEZ PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett; Linda Evans Subject:Short Term Rental Information Date:Friday, August 7, 2020 2:19:40 PM Attachments:excerpt of Village letter.pdf Williams College Short Term Rental home value.pdf Comparison Evening Star 5.2019 to Evening Star 4.2020.pdf Airbnb Map.pdf ** 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. ** To: City of La Quinta Re: Short Term Rental Data Date: 8/7/2020 I was on the Ad-hoc Zoom call yesterday and thought the following information may be helpful based on actual experience. The attached is an excerpt of a letter that was sent to homeowners in a community in Indian Wells to educate them on Short Term Rentals. There were many comments being made with no supporting documentation. Due to this, a group including members of the board researched the issue and put together the Village letter and data. It included the attachments for the Williams College Department of Economics STR study and the Airbnb United States chart on rentals. Since the Opt-Out of the Indian Wells ban by this community, there may be up to a 26% increase in the value of a home (not all can be attributed to the Opt-out) based on an offer that I received and declined in 5/2019 ($490K after being on market since 9/2018) and a recent sale of the same model on 4/2020 ($619K) after the Opt-out (see attached). Both properties were remodeled. Although I do not have access to data to support this, it appears that many of the problem properties are either in communities with no HOA governance or the HOA does not have the support of the homeowners to support enforcement. In our Indian Wells community, there are strict guidelines and a deposit for fines that is held by the HOA. I have reached out to a board member and he stated these funds have not been needed. As you know, we are experiencing a significant increase in demand for both rentals and purchase of homes in La Quinta. I track sales, active and pending monthly up to $700,000. We currently have an active inventory of only 154 homes. This is down from 395 homes in 4/2019. A moratorium of 90 days will impact sales due to uncertainty of future rental potential. I have just received notification that a property in PGA West that was supposed to close on 8/20/2020 is now being canceled due to the uncertainty. I hope this information will be helpful in rescinding the moratorium quickly so we do not further impact the potential sales and price of our homes. I’m available to discuss or further clarify any of this information should you have any questions. STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT GARY MORLOCK PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR Thank you, Gary Gary Morlock Berkshire Hathaway Home Services STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT GARY MORLOCK PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Jon McMillen; Kathleen Fitzpatrick Cc:Lori Lorett Subject:STVR - Resident Feedback Date:Monday, August 10, 2020 4:43:43 AM ** 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. ** Hi, This is from a resident of La Quinta, please share with AdHoc committee and council council members. Thank you, Rod McGuire I am not sure if you saw my posts but I really hope that the real issue with STVRs is addressed by the owners before we end up in a huge divide. I would rather have neighbors than renters but at this point the horse is out of the barn. The city does NOT have the resources to manage the issues and I have said over and over to folks that have these STVRs regardless of their situation that they NEED to form their OWN policing arm and make sure they go after the violators themselves and get the city to seriously fine and take licenses from the poor stewards - and to BAN large gatherings in neighborhoods not meant for it. This committee or enforcement arm needs to be made up of STVR owners that LIVE within city boundries FULLTIME so they can immediatly witness/respond to constant issue properties and it should be required that anyone in that committee get the WRITTEN endorsement from any and all neighbors abutting the property and that they NOT have any violations for at least a five year period. These owners have a chance to save their own rear ends before the politicians realize there are still enough irritated residents that WILL vote them out. We all don’t live in gated communities and we expect the city to enforce zoning laws. I think the legal ramifications of trying to ban people from filing to get an STVR license is a waste of time - legal precedents have already shown in other areas it is not considered fair. I think as residents that LIVE here we have a chance to help these folks realize we are not going to tolerate our community ambience and small town feel being flushed down the toilet so they can make money off a second home. There are a few STVR owners who are bullies and do everything they can to try to intimidate and badmouth residents, belittling legitimate concerns. None of us purchased homes to live next to hotels or serve as watchdogs or doormats for folks that put money before neighbors. Please, let’s at least TRY to help them understand bashing us is just going to end up putting them in the position of Palm Springs and Palm Desert STVR owners who are so restricted now they are all trying to buy here. Our city may get revenue, and it is clear from these boards many STVR owners who say things like “ they know people” (sorry, had to share that little gem - one in my neighborhood is well known for this particular phrase ) and seem to think having dubious relationships with some in the city will somehow protect their businesses. The ugly truth they don’t realize is that not enough of them live here or are registered to vote here to sway the tide should La Quinta full time residents get pissed enough to vote STVR friendly council members out. COVID has helped many realize just how many DTVRs there are, and just how poorly some are managed or how little some owners care, since many have continued to allow parties and out of town rentals not only during the actual band, but now - and some even lie about it and claim they are family or essential workers ( I reported five violations STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RON MCGUIRE ON BEHALF OF LA QUINTA RESIDENT PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR in my area that I absolutely know beyond a doubt we’re illegal and the city had to take their owners word - that is the kind of bs is bringing all the STVR challenge and dissatisfaction in our area quickly to a head. In Highland Palms I and other residents have witnessed full blown pool parties during banned rental periods, a neighbor of mine took photos of a fire illegal fireworks some idiot renters on Crestview set on July 4 ( thank goodness it was in an area with so little brush it went out - but we all know how quickly that can go South) and that same neighbor and I again reported a large STVR setting off fireworks less than five days later. Honestly, I think if we both did not have video to show the poor Sheriffs responding they would not have written tickets but thank goodness the idiot finally admitted it when the police shared we had them. This kind of constant irritant is NOT something normal neighbors or long term renters engage in because if they did the entire neighborhood would be after them to the point where it WOULD eventually stop. It is the revolving door nature of STVRs that allows this poor behavior and as I said a few bad apple owners that lie and deny rather than correctly manage or get their renters. Anyway, a long post but if you follow this issue and have read this far like me you love La Quinta and live here or maybe are an STVR owner realizing you maybe need to LISTEN to local residents and DO SOMETHING to save the sweet situation La Quinta has allowed this far. However, I was a reporter long ago before I was a teacher and covered politics in many tourist areas. Please, STVR owners, heed this group sentiment and h lol La Quinta become a national model of how STVRs can work with communities to enhance them versus becoming another statistic- a bunch of second how owners and investors stuck with homes they can only rent a month at a time. I am a retired local teacher and have was one of the first if not the very first community member to bring this up at council. Sadly, my interest was sparked early since I live next to one STVR that has many, many issues with noise, traffic and large events not appropriate for the area. That, combined with an owner that attacks anyone that dare “ interfere” with their cash cow has led to some difficult situations in the area for other STVR owners- many who do a great job of managing their properties and are caught between a rock and a hard place. They don’t want to piss a fellow STVR owner off but they see where this is headed. In fact, their current committee the city HAS formed sprang from a meeting I requested years ago due to a problem STVR in my area. Unfortunately, it SEEMS more focused on minimizing the issues and promoting La Quinta as an STVR haven than doing what full time residents want and need done Let’s encourage these STVR owners to do the RiGht and prudent financial thing and get off their rear ends and police themselves. If they continue ue to leave it to the city, we all know they do NOT have the resources to manage it - and before long those owners will be crying because all the money they spent setting up their businesses is wasted when our local politicians follow the lead of Palm Springs and Palm Desert elected officials, who realized if they did not end the issues all the bed tax in the world would not keep them in office come election time Well, you have two months to get your act together and start making a VALID self- policing committee STVR owners. I suggest you get busy- and be sure you get actual decent STVR owners on that board - because if you fill it with those folks that talk a lot and already have had issues, it’s a good asteroid of time. When I was a teacher, Inwould use humor and consequences to make sure one or two kids acting out did not “ hijack” the class. Experienced teachers know sending kids out is truly a last resort as no matter what you THINK the message is - most kids simply think “ you can’t handle me” I urge STVR owners to take a tip from a three- time teacher of the year - don’t expect the principal ( the city) to “ handle” your problem children. They’ll do it, but you may not like how that works out for you in the long run- so handle your own problems. Good luck - the full time residents of La Quinta are watching - but we are no longer waiting. Hurry up and clean up your bad apples or we will be voting out the whole darned pie, period. STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RON MCGUIRE ON BEHALF OF LA QUINTA RESIDENT PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Chris Escobedo; Lori Lorett Cc:Jon McMillen; Subject:Fwd: STVR Ad Hoc Committee Letter from Cove Neighbor Date:Monday, August 10, 2020 1:24:38 PM ** 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. ** HI All, I received this from Linda Hagood and she's asked that I forward to the STVR AD-HOC Committee to include in our study. Please forward to anyone else you feel should be informed of this input from a Cove neighbor and Airbnb Host.. Thanks, Sally Shelton Hi Sally, As to my input to the Committee, I would hope there is recognition of the difference between the shared home listing and the entire home listing. Air BNB is the only platform that I am aware of that allows such listings. I would suggest the following: 1. STVR registration should include the host identification if the listing is shared with the host remaining in the home during the reservation. 2.Shared home listings do not impact the surrounding neighborhood any more than a resident having friends and family visit. The guests are not likely to have loud parties or park multiple cars. 3. Perhaps all hosts could attest to compliance with City regulations during the registration process. The various platforms do request posting of any required registration of licensing but I don't know if this is confirmed by the platform. 4. The City of LA is having a big problem with illegal or unregistered and untaxed STR. The lack of code inspection and compliance is the primary reason for the problem. 5. Unless the City wants to consider banning all STR or phase out like Cathedral City, more funding of compliance needs to be allocated. I am happy to share my 5 year experience with the Global Air BNB Host Community which has educated me about the rise and fall of STR business all over the world. Linda STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT LINDA HAGOOD PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:STR"S address National Dr. LaQuinta PGA West Greg Norman 8-12-20 Date:Wednesday, August 12, 2020 7:53:55 AM ** 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. ** The last two weekends resulted in 5 calls on 8-8-20 and, 4 calls to security on 8-7-2020. On 7-31-2020 I called 4 times for noise complaints. Twice the PGA west security came and the sherrif's department came twice. Everytime security left, the loud music returned after about one minute. We saw 15 people walking on the 12th green around 7pm on 8-7-20. This is trespassing The same people had 6 cars, two in the garage, two in the drive way, and two on the street both Friday and Saturday.The 15 people in that property is not with in the guidelines. These violations are a recurring concern for my neighbors and family. I have yet to see anyone practicing social distancing or wearing face masks. This has got to stop. If you have any ideas or solutions,please llet me know. Sincerely Chuck Meadows STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT CHUCK MEADOWS PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:ad hoc special meeting - questions Date:Tuesday, August 18, 2020 11:06:26 AM ** 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. ** Hello Lori, Can you distribute this to the members: Hello ad hoc community members: Is it true that Gavin did not advise or discuss a proposal in the ad hoc committee’s name to place a 90 – moratorium on short term rentals??? Even if the city council wanted to or pushed for this proposal to be submitted, how could Gavin or a sub group actually submit this without discussing this major proposal with the other members? Is this not a derelection of duty and a complete betrayal to the members of this group who thought this was supposed to be a committee that would be fair, reasonable, and consulted? Why is Gavin not removed as the leader of this group? People have graciously donated their time and expertise to this group and this action will likely and justifiably create division, distrust, and anger within the group. Jelena, thank you for reminding the group that the vast majority of guests are courteous and respectful guests when it comes to sound. Re: Executive order #9 and 45 or 30 minute notice and financial responsibility???? 1.The sound bans are way too strict. Many owners have 5+ bedroom homes and anyone who lives at the homes whether they rent for a few days or 31+ days should have the ability to play an iphone, people should have the ability to laugh, they should be able to splash water in a pool. It seems like the new rules are almost a form of tyranny. Harassment of short term rental guests, targeting them, and a war on sound at a short term rental is wrong, just like a massive party at a short term rental is wrong. 2.Is it true that code enforcement and possibly sheriffs are “targeting” short term rental homes by pro-actively patrolling them? Can anyone on the call confirm whether this or is not happening? 3.What is the procedure for code enforcement or cops to write a citation? What ever happened to the 45 minute call from the city? Is code enforcement and sheriff following proper procedures? Are owners/property managers receiving calls about any sound issues? I have a noise monitor and security cameras. I get pinged if sound is too loud in my back yard. If code enforcement doesn’t notify me and alert me to an issue, what is the procedure for them to contact me and verify what my noise meter is showing. I want the ability to verify if sound is loud or if my home and guests are being targeted. If my home STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT DAVID DINNEL PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR receives a ticket I need to know the time and date in immediately so I can verify or document the sound. 4.Without the city citing guests, there is not much more an owner can do to get guests to settle down. I agree with Jelena that somewhere between 97-99% of the guests coming to the city are very polite and are not trouble makers and if alerted to sound being a little higher than hoped for, will change their behavior to be a good courteous guest. 5.I want to be a great partner with the city but I and all other owners deserve the city to consider us as a partner and give us a little respect as well. If the city really wants a little better situation, then we must have guests know that they and not the owner will receive the citation. A rowdy guest likely won’t care and won’t change their behavior if the guest does not receive a citation. 6.31+ day renter vs. a two day renter: If the city can charge a 31 day renter, not the owner for sound issues, then why can’t they charge a 2 day renter and not the owner? This make no sense when Gavin dismisses this as an option to charge the 2 day guest just like the 31 day guest. This group should address this important issue, work with the city, put together verbiage that we can provide the info to guests and provide a citation to the guest and not the owner. 7.Penalties for frivolous calls to the city: Where is the $1,000 citation to the residents who make frivolous calls to code enforcement of sheriffs? 8.Some short term owners and their tenants are being harassed by the community. What is the process we can take to stop this? Sincerely, David Dinnel STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT DAVID DINNEL PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:Public Comments/Questions for STVR AD-HOC COMMITTEE - SPECIAL MEETING Date:Wednesday, August 19, 2020 12:38:01 AM ** 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. ** Good evening (or morning by the time you get this) – I was told that I could submit public comments that could be addressed by the committee during the meeting. My name is Brian Kidd and it has been a dream of mine for years to have a 2nd home in La Quinta. The beautiful scenery, the restaurants and of course the golf have always drawn me to your city. I own a real estate company in Orange County and I have spent lots of time researching various communities, speaking with numerous property managers and doing additional research online. I realized we could make our dream become a reality by choosing the right place in a community that allows short term vacation rentals. I found that the perfect place for myself is in PGA West. The homes are gorgeous, the golf is amazing and they allow STVRs. There is no doubt in my mind that the homes in PGA West are more expensive because they allow STVR. I would rather by a $1 million home in PGA West then a 800K, 700K, 600K and even under $500K home that does not allow STVRs. It makes the homes affordable. I have been looking for the right home for the past 5-6 months and I have come across plenty of homes that would be a perfect fit based on the look and amenities and at a much cheaper price. Every time I would call the broker I would ask “does the HOA allow short term vacation rentals” and the answer was always no. The fact that STVR’s makes a home more affordable and makes someone like myself, who is a real estate broker, not care as much about the price of the home because I know I can cover a good chunk of expenses means that the pool of buyers is greater and the prices are driven up compared to other neighborhoods. I would buy the $1 million home in PGA West all day over the $700K equivalent home in a neighboring community that does not allow STVR’s. I know I am not alone in my thinking, so there is no doubt in my mind that the fact that PGA West allows STVRs is helping home prices. Now for my main concern…. After the 5-6 month search, we found the perfect home and had our offer accepted on 8/3/20. The next day the 90 day memorandum that freezes new STVR applications comes out which I found out about 5 days later. By this time escrow is opened, I’m paying for home inspections and appraisals. This is putting a huge amount of stress on myself and the other family who is buying this home with me. Can the committee please discuss making a recommendation to the city council that all buyers in our situation be exempt from this STVR permit freeze? Or better yet, propose to lift the freeze entirely? It seems like a very unfair thing that took place. Yes I do realize that STVR is never a given and administrations can create new laws, but I’ve done my research on La Quinta and they have been a city dedicated to STVR’s, it provides a lot of income to the City as well as creating a lot of more people eating at your restaurants and shopping at your shops. La Quinta recently also invested time and money into streamlining the process with a new STVR permitting website. Knowing all of this made me feel confident that STVRs will be around for a while in La Quinta and this memorandum feels like the rug was pulled from under our feet. I appreciate you guys taking the time to serve on this committee and taking the time to read this email. I’d be happy to have further discussions with any one of you. STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT BRIAN KIDD PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR Side note: We plan to be great neighbors, we are respectful and courteous. I plan to meet those who live around our new home and exchange phone numbers in case they ever need anything. I plan to choose our short term renters wisely and will use a management company who responds immediately when needed and I plan to do the same. Please help, my kids are SO EXCITED about getting this home and so am I =) Brian Kidd Canyon Realty Broker/Owner – Cell STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT BRIAN KIDD PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR From: To:Lori Lorett Subject:Re: La Quinta STVR Program Ad-Hoc Committee Date:Wednesday, August 19, 2020 7:30:44 AM Attachments:image002.png image003.png ** 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, Thanks for reaching out to me. I have been gathering evidence from my past guests in which they were falsely accused of violating the Good Neighbor Policy. I have also contacted a lawyer in regard to this as I’m tired of being blamed for noise when the Code Enforcement Officer only stands in front of a home to verify hearing noise. They do not ring the doorbell, they do not go into the backyard to verify if it is indeed my guests causing the disturbance, they cannot see into the backyard, then based on seeing cars in front of one’s home they then assume they are staying there which is untrue. I was also told that they see a light on the side of my home. That is correct as I have an outside security system with a 40- watt bulb on the side of my home for my guest’s safety and my security camera. Having a side light does not constitute that someone is outside. Once again, the Code Enforcement Officer says based on the light, says that someone is there when he can clearly see the side area and verify that there is no one there unless they are taking out the garbage. Most of my guests are families and come with 2-3 cars parking them in the garage or driveway. The extra cars the Code Enforcement Officer has seen did not belong to my guests and were from the home next door. To say the least, I’m very disturbed at what is going on with the lack of real proof or concern of the City in protecting my rights and I’m not going to accept inaccurate accusations going forward. I will follow up shortly with more information. Check your records, you will see that for the past few years I have had no complaints. All the complaints started after the City lifted their ban on short term rentals and my neighbor started renting his home to party people where I rent to mainly families with kids, grandparents, etc. Even the police when standing in front of my home, could not identify where the noise was coming from until they rang my doorbell and work up my guests. They then realized that the noise was coming from my neighbor. Another time my guests had not even arrived yet. In the most recent complaint, a mother was sleeping in the bedroom with her two little kids while three cousins were watching a movie in the living room with two of them asleep. The other guests were all at a casino when the Code Enforcement Officer was there and heard noise. This has gone on long enough and the City needs to deal with it and the neighbor who keeps calling in the complaints reporting it for my home which is incorrect. Ted Cohen La Quinta Desert Oasis .... a Desert Vacation Rental Property Your Home in the Desert STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENT TED COHEN PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR August 18, 2020 City of La Quinta STVR Ad Hoc Committee c/o Lori Loret Subject: STVR & Merion Hello, We are writing this letter to the Committee to explain our concerns with the STVR’s at PGA West here in La Quinta and the impact that some of them have on our community disturbing the peace and imposing on our privacy and rights as stated in the Executive Order. Especially with the influx of renters since the previous restrictions were lifted and being allowed to rent STVR’s for only 2 nights at minimum. In addition the concern of renters from out of town spreading the Covid virus as a lot of them come here to mingle and party with non family members. We have quite a few rentals around us and most of the time they are quiet and are families having fun in the pool except for one house in particular at Merion that almost every weekend there are renters that are there to party. The house is also unfortunately right adjacent to the tee box which makes it obnoxious for golfers with the noise and distractions. Below is some but not all of the notes from the last month or so: 7/4 there were naked singing dancing girls on the fountain/pool wall in the afternoon at the edge of the property 7/15 the day the latest STVR Executive Order went into effect there was loud music and partying in the afternoon and evening, so we called the Hotline and PGA West Security. Since then I have been told even though it was effective at noon they did not get a fine or strike because it had not been published/emailed yet. The renters also were playing golf on the golf hole # 13 of the Nicklaus Private Course a few times when the course was closed. 8/14 called Hotline and PGA West Security at 1:31 am for loud partying outside. Held on the hotline phone for over 30 min on 2 different phone lines and got no answer. Called PGA West Security and they came. Also went online and entered a complaint on Lodging Revs since we couldn’t get a hold of anyone. STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENTS KURT & MARY LINDQUIST PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR 8/15 8:53 am Called STR Hotline to ask why no one answered last night and was told had no idea. They could see where I called and filed complaint online. They suggested I try videotaping noise. 8/15 5:15 pm Called STR Hotline for loud noise complaint (beer pong next to pool) and no one answered Hotline and it forwarded call to Sheriff Dept. Dispatcher had no idea why they were getting call but said they would send Deputy out. Before Deputy arrived the party moved out onto the private golf course and tee box for a group frisbee game. As PGA West asks us to… we called Golf Course Security and they came and talked to them and the party then moved inside the house. They closed all the shades and were actually still up and partying at 4 am as all the lights were on inside. This house was made to be a rental party house by owners as they have a pool table in the dining room. As suggested by hotline I went out and recorded the beer pong game noise from across the fairway where we live. We don’t even live next door and the noise makes it so we can’t have a relaxing time in our backyard/pool. 8/16 10:23 am I called Hotline to see if anyone would answer and it went to Sheriff. I then filed another complaint online and included the sound clip from the beer pong game. We have been doing everything PGA West and the info we get from the City of La Quinta suggests to help control these STVR rentals and noise problems yet this house is yet to get a fine or strike. It should have gotten 2 strikes from the above and yet we continue to be so frustrated and unhappy that we have to deal with this over and over when we absolutely shouldn’t have to! All because someone wants to make some $ and doesn’t care about their neighbors since they never stay there. It’s not fair or right. This is not why people in La Quinta buy their homes. When there are no partying renters in that house its so quiet and enjoyable here as it should be. We love La Quinta for many reasons and have had a home here for over 15 years and are now here almost fulltime and want to be here for many more years but the STVRs need to be better controlled by PGA West and the City so that EVERYONE can enjoy. Thank you for your time and consideration. Sincerely Kurt and Mary Lindquist STVR AD-HOC COMMITTEE SPECIAL MEETING - AUGUST 19, 2020 - PUBLIC COMMENTS BY RESIDENTS KURT & MARY LINDQUIST PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR POWER POINT STVR AD-HOC COMMITTEE MEETING AUGUST 19, 2020 STVR Ad-Hoc Committee Special Meeting August 19, 2020 1 SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE August 19, 2020 1 2 STVR Ad-Hoc Committee Special Meeting August 19, 2020 2 SHORT-TERM VACATION RENTAL PROGRAM AD-HOC COMMITTEE ROLES & RESPONSIBILITIES PUBLIC MEETINGS August 19, 2020 BALANCED DIVISION OF POWERS City Council - Policy Establish vision & direction for the community’s future Boards & Commissions (permanent) – Advisory Committees (temporary) – Advisory Advise Council on matters within their area of expertise; liaisons, & ambassadors City Clerk - Process Ensures the decision-making process is transparent to the public; it is properly recorded; & is in compliance City Manager & Staff - Product Deliver good & services that the taxpayers cannot provide for themselves 3 4 STVR Ad-Hoc Committee Special Meeting August 19, 2020 3 BOARDS, COMMISSIONS, AND COMMITTEES “Board” means a group of council-appointed persons who provide advice on city issues. (Advisory) “Commission” means a group of council-appointed persons having limited legislative powers to make decisions or recommendations to the council on city issues. (Legislative) “Committee” means a temporary group of persons chosen by the council to give special consideration, investigation, and prepare a report on a pending city issue. (Ord. 516 § 1, 2013) (Advisory) ROLES & RESPONSIBILITIES Community Liaison and Ambassador Steward of public interest Understand the scope & authority of your Committee, & strive to work within that scope Members’ individual expertise Meeting preparation – be familiar with items under consideration Active participant Individual Members do not represent the entire Committee 5 6 STVR Ad-Hoc Committee Special Meeting August 19, 2020 4 STATE LAWS GOVERNING COMMISSIONS Ralph M. Brown Act (GC § 54950 et seq.) Open and Public Meetings Decorum and Order Regular Meetings Serial Meetings Gatherings that are not “meetings” Ceremonial Events Conferences Publicized Community Meetings Brown Act (1953) California Government Code § 54950 et seq. Ralph M. Brown Open & Public Meetings “The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for the people to know. The people insist on remaining informed so they may retain control over the governing instruments they have created.” Guarantees the public’s right to attend and participate in meetings of the local legislative bodies 7 8 STVR Ad-Hoc Committee Special Meeting August 19, 2020 5 TIME TO POST THE AGENDA? Regular Meetings 72 hours prior to the meeting Special Meetings 24 Hours Prior to Meeting Agenda Packet = Agenda & Staff Reports Before every meeting, staff shall prepare and publish an agenda containing a brief description of all items to be acted upon; these items are further elaborated on in a staff report which provides recommended action(s) as well as background on the necessity and implications of the action to be taken. The Agenda Packet shall be made available to the public at the same time it is delivered to the Committee. PUBLIC MEETINGS Meeting – a gathering of a majority of the members of the legislative body at the same time and location to hear, discuss, or take action on any item that is within the subject matter jurisdiction. Quorum – required to hold a meeting and sufficient to conduct business as usual. Motion – motions are passed by a majority vote; it does not need to be unanimous. Public Comment – public comment is available on any matter within the City’s jurisdiction. Actions may be taken ONLY on matters listed on the agenda. 9 10 STVR Ad-Hoc Committee Special Meeting August 19, 2020 6 PUBLIC MEETINGS Serial Meetings – deprive the public of an opportunity for meaningful participation in the legislative decision-making. 1. “Chain” Example: Member A contacts Member B Member B contacts Member C Member C contacts Member D, and so on … The Brown Act is violated as soon as a quorum of the members have discussed, deliberated, or taken action on an item within the legislative body’s subject matter jurisdiction. 2. “Hub & Spoke” Example: An intermediary, such as the City Manager or City Attorney, contacts at least a quorum of the members to develop a collective concurrence (or communicate each member’s respective positions) on an action to be taken by the legislative body. The Brown Act is NOT violated if a majority of the members attend a conference or similar gathering; purely social or ceremonial occasions; open and noticed meetings of another body of the local agency; publicized meetings to address a topic of local community concern, provided that the majority of the members do NOT discuss amongst themselves, other than as part of the scheduled program, business of a specific nature that is within their subject matter jurisdiction. SERIAL MEETINGS Send information to staff to distribute Do NOT “Reply All” to emails F A E B D C A or 3rd party 11 12 STVR Ad-Hoc Committee Special Meeting August 19, 2020 7 FOCUSED SUBCOMMITTEES Do not constitute a quorum of the Committee’s membership. Focused on a limited subject matter which constitutes only a part of the Committee’s overall scope of purview. Research, findings, and recommendations are discussed during a public meeting of the Committee. Can NOT take action on matters within the Committee’s scope of purview. CONDUCT DURING MEETINGS Committee Members All remarks & questions shall be addressed to the Presiding Officer & not to any other individual Member, staff, or other person. All comments must be within the scope of the subject matter jurisdiction of the Committee. Represent the overall public good, not the exclusive point of view of any sole group or interest. Respect conflicting points of view. Be hones, positive, and mindful of the goals of the Committee, which are for the benefit of the community and are meant to produce something positive. 13 14 STVR Ad-Hoc Committee Special Meeting August 19, 2020 8 CONDUCT DURING MEETINGS Public Any member of the public may address the Committee and provide public comments. He/she shall state name, address, company he/she represents, if any. All remarks & questions shall be addressed to the Presiding Officer & not to any other individual Member, staff, or other person. All comments must be within the scope of the subject matter jurisdiction of the Committee. CONDUCT DURING MEETINGS Staff May assist the Presiding Officer in conducting the meeting in accordance with the Brown Act: Verbally announcing the motion and vote (if omitted by the Presiding Officer) Steering the discussion to the subject matter under consideration if it has gone “off-track” If division of opinion between the Members is apparent, staff shall provide alternative options (i.e. continuing the matter, revising the motion, adding conditions of approval to address concerns raised at the meeting, etc.) 15 16 STVR Ad-Hoc Committee Special Meeting August 19, 2020 9 PLACING ITEMS ON FUTURE AGENDAS Make a request during a meeting under “Committee Members’ Items” section, and obtain Committee consensus to direct staff to place the item on a future agenda Contact Department Liaison Committee Chair or Department Director QUESTIONS & DISCUSSION 17 18 STVR Ad-Hoc Committee Special Meeting August 19, 2020 10 - UPDATED - Enforcement Sub-Committee Recommendations ISSUE 1: Communicating With The City / Verifying A Complaint RECOMMENDATION: Staff the hotline with a live, (local, trained) personnel who are familiar with La Quinta geography and empowered and equipped to initiate complaint resolution immediately. Increase field enforcement staffing by at least two additional full time STVR trained officers available for immediate dispatch during times of need. Hotline and enforcement staff should be dynamically managed: more staff when the hotline is heavily used (evenings and weekends) and less staffing at times when complaints tend to be low (weekday mornings and afternoons). Require a code inspection be performed on a property prior to granting a STVR license. This inspection should be for the purposes of verifying accuracy with respect to the application, particularly in the areas of occupancy limits (number of bedrooms) and living arrangement (room conversions, etc.). 19 20 STVR Ad-Hoc Committee Special Meeting August 19, 2020 11 ISSUE 2: STVR Homeowner Not Registering With The City RECOMMENDATION: Require that a City of La Quinta STVR permit number be included in all property advertisements on all platforms (VRBO, print, web, etc.). Publicize the registration requirements regularly on the web site and through social media outlets. Include mail inserts to all residents in any surface mailings sent out to residents. Where possible, partner with HOA communities and Management Companies to exchange information on STVR rental activities. Assess significant monetary penalties for non-compliance. These penalties must be paid before an STVR license can be obtained. ISSUE 3: STVR Owner Not Aware Of The Rules RECOMMENDATION: Applicants, any individuals listed as contacts for the property, and any designated Management Company representatives who directly manage a property must attend a compulsory workshop prior to the issuance of permits. Applicants must sign a document asserting they have attended the workshop, understand the rules and agree to be bound by them. STR Owners, any individuals listed as contacts for the property, and any designated Management Company representatives who are directly responsible for managing a property that have been assessed a violation must retake the compulsory workshop at their own expense before a license for that property can be renewed. This training workshop should also be open to the public so that interested parties (neighbors, potential new STVR licensees) can familiarize themselves with the requirements and responsibilities of STVR ownership. False advertising (i.e. number of bedrooms, sleeping capacity, occupancy limits) will result in a citation, and count as a strike against the property. 21 22 STVR Ad-Hoc Committee Special Meeting August 19, 2020 12 ISSUE 4: Renters Not Aware Of The Rules RECOMMENDATION: The City to require the property owner/manager assert that a renter has been provided with all current City ordinances governing expected behavior in advance of allowing that renter to occupy the property. A condensed copy of the relevant ordinance(s) must be permanently fixed to a prominent location in the property. This document will be generated by the City and outline the relevant rules in plain language. Update and strengthen the “Good Neighbor” brochure to include specific language relating to noise and personal behavior requirements. Require a copy be included as part of every rental agreement. Changes to City ordinances, including adoption of temporary orders must be posted in a prominent location inside the property within 48 hours of adoption, and before the property can be rented again. ISSUE 5: Neighbors Not Aware Of The Rules RECOMMENDATION: ALL neighbors adjacent to (on all sides) and across the street from an STVR property be notified by the city and supplied with the same documents the Owner is required to furnish to the renter. (This could be a requirement placed on the STVR owner if the City feels it is appropriate – as long as the neighbor gets the information). These documents must include: A copy of the City STVR Ordinance A Copy of the “Good Neighbor” brochure Contact information for complaints to the City. Contact information for the Property owner and the Property Manager if applicable. A link to the City STVR website where interim rule changes are posted. These documents should be refreshed annually as part of the license renewal process. A document should be provided to the neighbor explaining the meaning of any technical terms. Where possible, real-life examples should be used to illustrate the terms used. This document should be provided to renters as well. 23 24 STVR Ad-Hoc Committee Special Meeting August 19, 2020 13 ISSUE 6: No Contact With Owner / Representative RECOMMENDATION: Implement an escalation process whereby if the first call to the designated contact goes unanswered within a 30-minute window, a call is made to RSO and a mandatory citation is issued. As described above, increase the number of trained and dedicated enforcement personnel to levels that can actively address the situation with or without the homeowner / property manager. ISSUE 7: Noise / Behavior / Party Events RECOMMENDATION: A document should be prepared and provided to all parties clarifying definitively the meaning of any technical measurements and how these measurements should be interpreted. (See above). Enforcement personnel should be provided with and trained to use relevant noise level meters and other tools that enhance objective measurement of noise. They should also be trained to explain the results of these measurements to neighbors and renters in the event of a complaint. Where possible, real-life examples should be used to illustrate the terms used. This document should be provided to renters as well. The City should implement tutorial workshops that clarify what the noise and behavior rules are. These workshops should open to all community members and conducted on a regular basis (perhaps once every calendar quarter). Quiet hours shall be between the hours of 10:00 pm and 8am. No amplified noise shall be permitted between the hours of 8pm to 8am. 25 26 STVR Ad-Hoc Committee Special Meeting August 19, 2020 14 ISSUE 8: Occupancy Limit Violations RECOMMENDATION: Empower and require enforcement personnel to ask and verify (subject to legal applicability) the number of occupants at time of a complaint. Notify the STVR owner or property manager immediately if a citation will be issued. This is will enable recovery of any fines from the occupants before security deposits are refunded, etc. Limit overnight parking for STVR properties (see below). This is the way some HOA communities manage occupancy issues. ISSUE 9: Parking RECOMMENDATION: Require the Owner/Contact person/Property Manager obtain a list of vehicle license plate numbers for renters occupying the property. This list must be available to the compliance officer upon demand. Failure to provide this list will result in a citation. Limit the number of vehicles that may be parked on the street to a maximum of three vehicles during times the property is rented. 27 28 STVR Ad-Hoc Committee Special Meeting August 19, 2020 15 ISSUE 10: Trash RECOMMENDATION: Current regulations are adequate for dealing with this issue, however, during the process of getting a license, the STVR applicant should be specifically made aware of the current trash collection policy, including the availability of larger capacity bins and concierge collection services, as well as the fines associated with non-compliance. The STVR owner must inform the renter in writing of the property specific trash policy as part of the rental agreement. ISSUE 11: Repeat Offenders / 3 Strikes RECOMMENDATION: Reduce the current 3-strike rule to a 2-strike rule for noise and personal conduct violations. In the event an STVR permit is suspended for any cause, the City shall notify the Owner, and any contact person or Property Management firm associated with the property. In addition, a notification of suspension shall be sent to all neighbors adjacent to (on all sides) and across the street from of the suspended property. Staff the hotline with a live, (local) person who is familiar with La Quinta geography and empowered and equipped to initiate complaint resolution immediately. (See previously). Increase field enforcement staffing by at least two full time STVR trained officers available for immediate dispatch during times of need. 29 30 STVR Ad-Hoc Committee Special Meeting August 19, 2020 16 Density Sub-Committee Update THANK YOU FOR COMING! OUR NEXT SCHEDULED MEETING IS: THURSDAY SEPTEMBER 3, 2020 31 32