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    Legislative Subpoena HomeAway, Inc. 06-06-17

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    L. A. Paterson
    City Council of the City of Carmel-by-the-Sea Agenda Item, Consideration of a resolution authorizing the Mayor to execute a legislative subpoena to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO).

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    Legislative Subpoena HomeAway, Inc. 06-06-17

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    L. A. Paterson
    513 views5 pages
    City Council of the City of Carmel-by-the-Sea Agenda Item, Consideration of a resolution authorizing the Mayor to execute a legislative subpoena to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO).

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    City Council of the City of Carmel-by-the-Sea Agenda Item, Consideration of a resolution authorizing the Mayor to execute a legislative subpoena to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO).

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    513 views5 pages

    Legislative Subpoena HomeAway, Inc. 06-06-17

    Uploaded by

    L. A. Paterson
    City Council of the City of Carmel-by-the-Sea Agenda Item, Consideration of a resolution authorizing the Mayor to execute a legislative subpoena to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO).

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    CITY OF CARMEL-BY-THE-SEA

    CITY COUNCIL
    Staff Report
    SR 2017-087
    June 6, 2017
    Consent Agenda

    TO: Honorable Mayor and City Council Members

    SUBMITTED BY: Don Freeman, City Attorney

    APPROVED BY: Chip Rerig, City Administrator

    SUBJECT: Consideration of a resolution authorizing the Mayor to execute a legislative subpoena


    to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO)

    RECOMMENDATION

    Adopt a resolution authorizing the Mayor to execute a legislative subpoena to HomeAway, Inc. doing business
    as Vacation Rentals by Owner (VRBO).

    BACKGROUND / SUMMARY

    Stoffer Jozef Wagelaar and Anna De Pasquale Wagelaar as Co-Trustees of the Wagelaar Revocable Trust are
    the owners of residential real property commonly known as "Dutch Casetta" located at Guadalupe 2 ND of
    Fourth in Carmel-by-the-Sea, California. The Wagelaars are in violation of CMC 17.08.060, City Ordinance 89-
    17, by renting their residence for less than 30 days after numerous notifications of the violations by the City.

    FISCAL IMPACT

    There is no fiscal impact at this time.

    PRIOR CITY COUNCIL ACTION

    None.

    ATTACHMENTS

    1. Resolution
    2. Legislative Subpoena
    CITY COUNCIL
    CITY OF CARMEL-BY-THE-SEA

    RESOLUTION NO ._ _

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ISSUING A


    SUBPOENA FOR CERTAIN RECORDS RELATED TO THE SHORT-TERM RENTAL OF A PRIVATE
    RESIDENCE THROUGH THE ONLINE RENTAL BOOKING SERVICE HOMEAWAY, INC. DOING
    BUSINESS AS VACATION RENTALS BY OWNER (VRBO)

    WHEREAS, Government Code Section 37104 et seq. authorizes the City Council to issue a
    Legislative Subpoena, "... requiring attendance of witnesses or production of books or other
    documents for evidence or testimony in any action or proceeding before it."; and

    WHEREAS, The City of Carmel-by-the-Sea Municipal Code Section 17.08.060, prohibits


    transient, short-term rental uses in the City; and

    WHEREAS, City staff have reviewed the VRBO.com website, and noted listings advertising
    the short-term rental of residential real property in Carmel-by-the-Sea owned by Stoffer Jozef
    Wagelaar and Anna De Pasquale Wagelaar, as Co-Trustees of the Joseph Wagelaar Revocable Trust
    established by Declaration of Trust dated January 31, 2007, described as:

    Lot No. 16, in Block Numbered 41, as said Lot and Block are shown in that certain Map
    entitled, "Carmel City" filed in Volume 1 of Maps, "Cities and Towns" at Pge 52, Monterey
    County Records. Commonly known as "Dutch Casetta". Assessor's Parcel #010-023-018

    WHEREAS, the described property appears to be operating without any legal authorization
    from the City; and

    WHEREAS, the City Council finds that it is reasonably likely that VRBO.com has records of
    the short-term rental transactions by the subject property owners in the City which will assist the
    City in enforcing its Municipal Code; and

    WHEREAS, THE City Council hereby determines that probable cause exists to issue a
    Legislative Subpoena for any and all records in the possession ofVRBO.com relating to the subject
    residential real property; and

    WHEREAS, this Legislative Subpoena serves a lawful legislative purpose as the receipt of
    the information sought herein will help the City Council to enforce the City's Municipal Code.

    NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Carmel-by-the-Sea
    does hereby:
    1. The City Council determines that the foregoing recitals are true and correct and
    adopts the recitals as findings in support of this Resolution.

    2. The City Council hereby issues a Legislative Subpoena commanding HomeAway, Inc.
    doing business as Vacation Rentals by Owner (VRBO) to appear and/or produce on or before
    September 5, 2017, certified copies of the following records covering the time period from July 1,
    2015, through the date of response to this Subpoena, at the address indicated in the subpoena:

    a. The username associated with the subject residential real property, that
    username's email address, and other contact information; and

    b. The dates and duration of stay for each time the residence associated with
    that username was rented.

    3. The Legislative Subpoena issued by this Resolution shall be in a form drafted by the
    City Attorney. A draft subpoena form is attached to this Resolution as Exhibit A. The Legislative
    Subpoena shall be signed by the Mayor and certified by the City Clerk. A copy of this Resolution
    shall be attached to sub subpoena and shall be incorporated by reference into the subpoena. The
    subpoena shall be served upon VRBO.com in the same manner as a subpoena in a civil action.

    4. Failure to comply with the subpoena shall be subject to the remedies set forth in
    California Government Code Section 37104 et seq. or otherwise provided by law.

    5. The Mayor, City Clerk and the City Attorney are authorized to take all actions
    necessary to issue, serve and enforce the subpoena.

    6. This Resolution shall be in full force and effect as of the date of its adoption.

    PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this
    __ day of June, 2017, by the following roll call vote:

    AYES: COUNCIL MEMBERS:

    NOES: COUNCIL MEMBERS:

    ABSENT: COUNCIL MEMBERS:

    ATTEST: SIGNED,

    ASHLEE WRIGHT, City Clerk STEVE DALLAS, Mayor


    City of Carmel-by-the-Sea
    ) LEGISLATIVE SUBPOENA
    ) (Government Code 37104)
    In re: HOMEAWAY, INC. DOING )
    BUSINESS AS VACATION RENTALS ) DATE: September 5, 2017
    BY OWNER (VRBO) ) TIME: 4:30 p.m.
    ) PLACE: Carmel-by-the-Sea City Hall
    ) Council Chambers
    ) Monte Verde Street between
    - ) Ocean and Seventh Avenues
    Carmel-by-the-Sea, California

    TO: HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO)


    Attn: Melissa Pearson Fruge, Vice President and Custodian of Records

    1. On June 6, 2017, the City Council of the City of Carmel-by-the-Sea, adopted Resolution No.
    ____ (incorporated by reference into this Subpoena). Accordingly you are hereby ordered
    to produce certified copies of the Records identified in Section 3 below as follows:

    (A) You are ordered to appear in person and to produce true and correct copies of the
    records which you have in your possession described in Section 3 ("Records") at the City of Carmel-
    by-the-Sea City Council meeting on September 5, 2017, at 4:30 p.m (or soon thereafter as the
    matter may be heard), to be held at Council Chambers at City Hall, Monte Verde Street between
    Ocean and Seventh Avenues, Carmel-by-the-Sea, California.

    (B) Your personal attendance and the production of documents are required by this
    Subpoena, unless alternative compliance occurs as set forth in Section 2. below.

    2. You are not required to appear at the City Council meeting on the date and time set forth
    above if, prior to September 5, 2017, you produce certified as true and correct copies of the
    Records to Chip Rerig, City Administrator, City of Carmel-by-the-Sea, Monte Verde Street between
    Ocean and Seventh Avenues, P.O. Box CC, Carmel-by-the-Sea, California, 93921. In addition to
    certification ofthe documents, all copies of documents shall be accompanied by a declaration or
    affidavit warranting to their accuracy and completeness. A declaration or affidavit meeting the
    requirements of California Code of Civil Procedure 2020.430 shall be sufficient. The City of
    Carmel-by-the-Sea will pay all reasonable fees associated with copying the Records, if approved
    in writing in advance by the City Administrator.

    3. The Records to be produced are pertaining to the transient or short-term rental for less
    than 30 days of residential real property located Lot 16, in Block Numbered 41, Carmel-by-the-Sea,
    California, Assessor's Parcel #010-023-018, commonly known as "Dutch Casetta" vested in the
    name of Stoffer Jozef Wagelaar and Anna De Pasquale Wagelaar, either individually or as Co-
    Trustees of their Declaration of Trust dated January 31, 2007. The records sought are for the time
    period from July 1, 2015, through the date of response to this Subpoena. The Records sought are
    as follows:
    (A) The username associated with the rental property, and that username's email
    address, and other contact information, including the owners' name(s) as shown on your records;
    and

    (B) The dates and duration of stay for each time the residence associated with that
    username was rented.

    4. This Legislative Subpoena relates to the City's enforcement of its Municipal Code. This
    Legislative Subpoena is authorized by Government Code 37104etseq. Failure to comply with this
    Subpoena is subject to the penalties and procedures set forth in Government Code 37104 et seq.
    and other provided by law.

    CITY COUNCIL
    CITY OF CARMEL-BY-THE-SEA

    STEVE DALLAS, Mayor

    ATTEST:

    ASHLEE WRIGHT, City Clerk

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