HomeMy WebLinkAboutResolution 2016-183 N.C.S. 12/05/2016Resolution No. 2016-183 N.C.S.
of the City of Petaluma, California
ISSUING LEGISLATIVE SUBPOENAS TO WEBSITES ADVERTISING
SHORT-TERM RESIDENTIAL RENTAL PROPERTIES LOCATED IN THE
CITY OF PETALUMA TO INVESTIGATE AND OBTAIN COMPLIANCE WITH
PETALUMA ZONING CODE ORDINANCE NO. 2300, SECTION 7.110 AND
PETALUMA MUNICIPAL CODE CHAPTER 4.24.
WHEREAS, California Revenue and Taxation Code section 7280 authorizes a city to
levy a transient occupancy tax ("TOT") on the short-term privilege of occupying a room in a
hotel, inn, tourist home or house, motel, or other lodging within the city limits unless the
occupancy is for a period of more than thirty days; and
WHEREAS, the Petaluma City Council enacted Petaluma Municipal Code chapter 4.24,
entitled "Uniform Transient Occupancy Tax Law" (TOT); and
WHEREAS, Petaluma Municipal Code chapter 4.24 requires hotel operators in the City
to collect the TOT and to remit the proceeds to the City tax administrator on a monthly basis; and
WHEREAS, in accordance with Petaluma Implementing Zoning Ordinance section
7.110(c)(4), short-term vacation rentals are subject to and must satisfy all applicable
requirements of the City's transient occupancy tax; and
WHEREAS, Petaluma Implementing Zoning Ordinance section 7.110 requires short-
term vacation rentals to obtain a Short -Term Vacation Rental Permit and business license
through the City of Petaluma; and
WHEREAS, to date, the City has issued twenty-one Short -Term Vacation Rental
permits; however, a review of websites which advertise vacation rentals in the City of Petaluma
reveals that there may be approximately one hundred residences in the City which are operating
as private short-term rentals; and
WHEREAS, staff has attempted to identify all properties that are advertised for short-
term rentals in the City, however, additional information is needed to consistently enforce
Municipal Code chapter 4.24 and Implementing Zoning Ordinance section 7.110; and
WHEREAS, California Government Code section 37104 authorizes a city council to
issue legislative subpoenas "requiring attendance of witnesses or production of books or other
documents for evidence or testimony in any action or proceeding pending before it"; and
WHEREAS, the City Council finds that enforcement of the City's transient occupancy
tax ordinance and short-term rental ordinance is a proper legislative concern; and
WHEREAS, case law interpreting section 37104 confirms that matters relating to the
investigation and enforcement of tax measures are proper legislative concerns; and
Resolution No. 2016-183 N.C.S. Page 1
WHEREAS, a legislative subpoena pursuant to Government Code section 37104 may be
authorized by a resolution of the city council, and issued by the mayor; and
WHEREAS, if the subpoenaed party does not comply once served, Government Code
section 37106 authorizes the mayor to submit a report to the Superior Court reporting the
noncompliance and failure to appear.
NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows:
The above -recitals are hereby declared to be true and correct and adopted as findings
of the City Council of the City of Petaluma; and
2. The Mayor is authorized and directed to issue the legislative subpoenas attached
hereto as Exhibit A, directed to the Custodian of Records of Airbnb, Inc. and
HomeAway.com, Inc., and commanding their appearance before the City Council
and/or production of documents; and
City staff is directed to serve both legislative subpoenas promptly in accordance with
all legal requirements for service of subpoenas; and
If any custodian of records fails to comply with a legislative subpoena authorized by this
resolution, the Mayor is authorized and directed to submit a report of noncompliance to the
Sonoma County Superior Court.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approtv6J'as to
Council of the City of Petaluma at a Regular meeting on the 21ST day of November, orm•/
2016, by the following vote:
City Attorney
AYES: Albertson, Barrett, Healy, Kearney, Vice Mayor King, Miller
NOES: None
ABSENT: Mayor Glass
ABSTAIN: None
a
ATTEST: &a't_) �/�/v (�f�
City Clerk Vice Mayor
Resolution No. 2016-183 N.C.S. Page 2
To: Custodian of Records for AirBNB, Inc.
1. You are ordered to appear in person and produce true and correct copies of the
documents specified in Attachment 1 at the Regular City Council Meeting for the City
of Petaluma ("City") at 11 English Street, Petaluma, Ca 94952, on January 9, 2017 at
7:00 p.m. (or as soon thereafter as the matter may be heard).
2. You are not required to appear in person and produce the requested documents, if by
Wednesday, January 4, 2017 you deliver the documents described in Attachment 2 to:
City Clerk
City of Petaluma
11 English Street
Petaluma, CA 94952
707-778-4362
All documents produced to the City shall be accompanied by a declaration or affidavit
warranting to their accuracy and completeness sufficient to meet the requirement of
Code of Civil Procedure section 20200.430. The City will pay all reasonable
documented costs associated with photocopying the requested documents. If costs
exceed $100 please contact Jordan Green before copying.
The City requires these records to assist it in evaluating its transient occupancy tax, codified in
the City of Petaluma's Municipal Code section 4.24 et al. and compliance therewith. The
documents requested are material and good cause exists for their production as described in
Attachment 3. This subpoena is issued pursuant to California Government Code section 37104
and authorized by the City Council of Petaluma.
Disobedience of this subpoena will be referred to the Superior Court for enforcement and is
punishable as contempt pursuant to Government Code section 37109. Should you have any
questions regarding this subpoena please contact:
Jordan M. Green
Assistant City Attorney for the City of Petaluma
Resolution No. 2016-183 N.C.S. Page 8
LEGISLATIVE SUBPOENA
IN THE MATTER OF FACTUAL INQUIRY)
(Government Code §§ 37107 etseq
RELATED TO INVESTIGATION OF )
CHAPTER 4.24 OF THE )
Date: January 9, 2017
CITY OF PETALUMA MUNICIPAL CODE)
Time: 7:00 p.m.
AND IMPLEMENTING ZONING )
Place: City of Petaluma City Hall
ORDINANCE SECTION 7.110 )
11 English Street
Petaluma, CA 94952
To: Custodian of Records for AirBNB, Inc.
1. You are ordered to appear in person and produce true and correct copies of the
documents specified in Attachment 1 at the Regular City Council Meeting for the City
of Petaluma ("City") at 11 English Street, Petaluma, Ca 94952, on January 9, 2017 at
7:00 p.m. (or as soon thereafter as the matter may be heard).
2. You are not required to appear in person and produce the requested documents, if by
Wednesday, January 4, 2017 you deliver the documents described in Attachment 2 to:
City Clerk
City of Petaluma
11 English Street
Petaluma, CA 94952
707-778-4362
All documents produced to the City shall be accompanied by a declaration or affidavit
warranting to their accuracy and completeness sufficient to meet the requirement of
Code of Civil Procedure section 20200.430. The City will pay all reasonable
documented costs associated with photocopying the requested documents. If costs
exceed $100 please contact Jordan Green before copying.
The City requires these records to assist it in evaluating its transient occupancy tax, codified in
the City of Petaluma's Municipal Code section 4.24 et al. and compliance therewith. The
documents requested are material and good cause exists for their production as described in
Attachment 3. This subpoena is issued pursuant to California Government Code section 37104
and authorized by the City Council of Petaluma.
Disobedience of this subpoena will be referred to the Superior Court for enforcement and is
punishable as contempt pursuant to Government Code section 37109. Should you have any
questions regarding this subpoena please contact:
Jordan M. Green
Assistant City Attorney for the City of Petaluma
Resolution No. 2016-183 N.C.S. Page 8
City of Petaluma, City Attorney's Office
11 English Street
Petaluma, CA 94952
(707) 778-4362
DATED this day of 2016.
City Council, City of Petaluma Attest:
B
Yt);�6SBY
David Glass Claire Cooper
Mayor, City of Petaluma City Clerk, City of Petaluma
APPROVED AS
r
By: rr
FORM:
Eric W. Danl
CityAttorney
City of Petaluma
Resolution No. 2016-183 N.C.S.
Page 9
ATTACHMENT 1
The following documents must be produced to the City:
Request #1: Documents sufficient to identify all persons that through any website or
property owned or controlled by Airbnb, Inc. (including, but not limited to,
www.airbnb.com) have rented, or offered to rent, any HOTEL for a period of 30
consecutive days or less for dwelling, use, lodging, or sleeping purposes in the City of
Petaluma, California during the period from October 1, 2015 through the present.
"Hotel" means any structure or any portion of any structure which is occupied or intended
or designed for occupancy by transients for dwelling, lodging or sleeping purposes and
includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging
house, rooming house, apartment house, dormitory, public or private club, mobile home or
house trailer at a fixed location or other similar structure or portion thereof.
Request #2: Documents sufficient to provide the following information for each person
identified in response to Request #1:
a. The name, physical address, email address, and any other contact information for
each person.
b. The url for each website which the person used to list a HOTEL.
c. The address of the person's HOTEL that has been rented, or offered to rent, for
dwelling, use, lodging or sleeping purposes in the City of Petaluma through any
website or property owned or controlled by Airbnb, Inc. during the period from
October 1, 2015 through the present ("PROPERTY" means the HOTEL(S) rented as
described in this paragraph by the person).
d. The dates and duration of stay for each time the PROPERTY was rented since
October 1, 2015 to present.
e. The rate charged and funds collected for each time the PROPERTY was rented since
October 1, 2015 to present.
f. The method of payment, including name of institution and type of account, for each
time the PROPERTY was rented since October 1, 2015 to present.
g. The name of any person who rented any PROPERTY from a person identified in
Request #1, since October 1, 2015 to present as well as the renter's physical address,
email address and other contact information.
h. The total gross revenue generated by the person renting the PROPERTY as a result of
that renting since October 1, 2015 to present.
If documents do not exist sufficient to provide all of the information requested, the City
requests that you produce electronically stored information that is sufficient to provide all
of the information requested. This information must be provided in pdf, Microsoft Word
or Microsoft Excel Format. If production in this manner is not feasible then it must be
produced in a different format agreed to by the City.
Resolution No. 2016-183 N.C.S. Page 10
ATTACHMENT 2
(1) Alternatively, and in lieu of the documents requested in Attachment 1, you may
provide a list identifying all persons that through any website or property owned or
controlled by Airbnb, Inc. (including, but not limited to, www.airbnb.com) have rented,
or offered to rent, any HOTEL for a period of 30 consecutive days or less for dwelling,
use, lodging or sleeping purposes in the City of Petaluma, California during the period
from October 1, 2015 through the present. This list must also include the following
regarding these rentals:
a. The name, physical address, email address, and any other contact information for
each person.
b. The url for each website which the person used to list a HOTEL.
c. The address of the HOTEL.
d. The dates and duration of stay for each time the HOTEL was rented.
e. The rate charged and funds collected for each time the HOTEL was rented.
f. The method of payment, including name of institution and type of account, for each
time the HOTEL was rented.
g. The name of any person who rented any HOTEL, as well as their physical address,
email address and any other contact information.
h. The total gross revenue generated by the person renting the HOTEL.
Resolution No. 2016-183 N.C.S. Page 11
ATTACHMENT 3
[Agenda Report and City Council Resolution]
Resolution No. 2016-183 N.C.S. Page 12
IN THE MATTER OF FACTUAL INQUIRY
RELATED TO INVESTIGATION OF
CHAPTER 4.24 OF THE
CITY OF PETALUMA MUNICIPAL CODE
AND IMPLEMENTING ZONING
ORDINANCE SECTION 7.110
Exhibit A to Resolution
LEGISLATIVE SUBPOENA
(Government Code §§ 37107 etseq)
Date: January 9, 2017
Time: 7:00 p.m.
Place: City of Petaluma City Hall
11 English Street
Petaluma, CA 94952
To: Custodian of Records for HomeAway.com, Inc.
You are ordered to appear in person and produce true and correct copies of the
documents specified in Attachment 1 at the Regular City Council Meeting for the City
of Petaluma ("City") at 11 English Street, Petaluma, Ca 94952, on January 9, 2017 at
7:00 p.m. (or as soon thereafter as the matter may be heard).
2. You are not required to appear in person and produce the requested documents, if by
Wednesday, January 4, 2017 you deliver the documents described in Attachment 2 to:
City Clerk
City of Petaluma
11 English Street
Petaluma, CA 94952
(707) 778-4362
3. All documents produced to the City shall be accompanied by a declaration or affidavit
warranting to their accuracy and completeness sufficient to meet the requirement of
Code of Civil Procedure section 20200.430. The City will pay all reasonable
documented costs associated with photocopying the requested documents. If costs
exceed $100 please contact Jordan Green before copying.
The City requires these records to assist it in evaluating its transient occupancy tax, codified in
the City of Petaluma's Municipal Code section 4.24 et al. and compliance therewith. The
documents requested are material and good cause exists for their production as described in
Attachment 3. This subpoena is issued pursuant to California Government Code section 37104
and authorized by the City Council of Petaluma.
Disobedience of this subpoena will be referred to the Superior Court for enforcement and is
punishable as contempt pursuant to Goverti hent Code section 37109. Should you have any
questions regarding this subpoena please contact:
Resolution No. 2016-183 N.C.S. Page 3
Jordan M. Green
Assistant City Attorney for the City of Petaluma
City of Petaluma, City Attorney's Office
11 English Street
Petaluma, CA 94952
(707) 778-4362
DATED this day of , 016.
City Council, City of Petaluma
By;a
David Glass
Mayor, City of Petaluma
APPROVED AS TO, FORM:
x
By:
Eric W. Danly
City Attorney
City of Petaluma
Attest:
ME
Claire Cooper
City Clerk, City of Petaluma
Resolution No. 2016-183 N.C.S. Page 4
ATTACHMENT 1
The following documents must be produced to the City:
Request #1: Documents sufficient to identify all persons that through any website or
property owned or controlled by HomeAway.com, Inc. (including, but not limited to,
www.vrbo.com) have rented, or offered to rent, any HOTEL for a period of 30
consecutive days or less for dwelling, use, lodging, or sleeping purposes in the City of
Petaluma, California during the period from October 1, 2015 through the present.
"Hotel" means any structure or any portion of any structure which is occupied or
intended or designed for occupancy by transients for dwelling, lodging or sleeping
purposes and includes any hotel, inn, tourist home or house, motel, studio hotel,
bachelor hotel, lodging house, rooming house, apartment house, dormitory, public
or private club, mobile home or house trailer at a fixed location or other similar
structure or portion thereof.
(1) Request #2: Documents sufficient to provide the following information for each person
identified in response to Request #1:
a. The name, physical address, email address, and any other contact information for
each person.
b. The url for each website which the person used to list a HOTEL.
c. The address of the person's HOTEL that has been rented, or offered to rent, for
dwelling, use, lodging or sleeping purposes in the City of Petaluma through any
website or property owned or controlled by HomeAway.com, Inc. during the period
from October 1, 2015 through the present ("PROPERTY" means the HOTEL(S)
rented as described in this paragraph by the person).
d. The dates and duration of stay for each time the PROPERTY was rented since
October 1, 2015 to present.
e. The rate charged and funds collected for each time the PROPERTY was rented since
October 1, 2015 to present.
f. The method of payment, including name of institution and type of account, for each
time the PROPERTY was rented since October 1, 2015 to present.
g. The name of any person who rented any PROPERTY from a person identified in
Request #1, since October 1, 2015 to present as well as the renter's physical address,
email address and other contact information.
h. The total gross revenue generated by the person renting the PROPERTY as a result of
that renting since October 1, 2015 to present.
(2) If documents do not exist sufficient to provide all of the information requested, the City
requests that you produce electronically stored information that is sufficient to provide all
of the information requested. This information must be provided in pdf, Microsoft Word
or Microsoft Excel Format. If production in this manner is not feasible then it must be
produced in a different format agreed to by the City.
Resolution No. 2016-183 N.C.S. Page 5
ATTACHMENT 2
(3) Alternatively, and in lieu of the documents requested in Attachment 1, you may
provide a list identifying all persons that through any website or property owned or
controlled by HomeAway.com, Inc. (including, but not limited to, www.vrbo.com) have
rented, or offered to rent, any HOTEL for a period of 30 consecutive days or less for
dwelling, use, lodging or sleeping purposes in the City of Petaluma, California during the
period from October 1, 2015 through the present. This list must also include the
following regarding these rentals:
a. The name, physical address, email address, and any other contact information for
each person.
b. The url for each website which the person used to list a HOTEL.
c. The address of the HOTEL.
d. The dates and duration of stay for each time the HOTEL was rented.
e. The rate charged and funds collected for each time the HOTEL was rented.
f. The method of payment, including name of institution and type of account, for each
time the HOTEL was rented.
g. The name of any person who rented any HOTEL, as well as their physical address,
email address and any other contact information.
h. The total gross revenue generated by the person renting the HOTEL.
Resolution No. 2016-183 N.C.S. Page 6
ATTACHMENT 3
[Agenda Report and City Council Resolution]
Resolution No. 2016-183 N.C.S. Page 7