2. The applicant or permittee provided material information that was knowingly incorrect or provided material information that the applicant should have reasonably known was incorrect, in the application for a permit under this Chapter.
3. The short-term rental, short-term residential rental unit or property is not in compliance with the standards of this Chapter or other applicable Municipal Code provisions and has failed to pass the initial or renewal inspection.
e. Applicant Appeals. An applicant may appeal the denial or conditional acceptance of an application for a shortterm residential rental permit. Such appeal must be in writing and submitted to the City within ten days of the date of the notice provided pursuant to section 12-68.3.050(b)(3). When the tenth day is not a City business day, the time frame is extended to the second consecutive City business day following the tenth day. The appeal shall follow the procedure set forth in section 12-68.3.090(c). f. Affected Property Owners' Appeals. Potentially affected property owners may appeal the granting of a new short-term rental or short-term residential rental unit permit. All such appeals must be submitted to the City within ten days of the date of the notice provided pursuant to section 12-68.3.050(b)(3). When the tenth day is not a City business day, the time frame is extended to the second consecutive City business day following the tenth day. The ground for such appeal is limited to the claim that past use of the property as a short-term rental or short-term residential rental unit has not complied with one or more requirements of sections 12-
68.3.060(b) through (d), or section 12-68.3.070, or that, based on competent evidence, any prospective use for such purpose will likely not comply with one or more of such requirements. Such appeal shall be heard in the same manner as specified in section 12-68.3.090(c). The applicant shall be provided notice of the hearing.
If the potentially affected property owner prevails in the appeal, then the applicant's application shall be deemed to be denied and such decision shall be the final decision of the City. No further appeal shall be available at the administrative level.
g. Permit Renewal. The short-term rental or short-term residential rental unit permit shall be renewed annually from application date of first submittal. Permit renewal shall be approved if the current conditions of operation and other standards in this Chapter have been met, the subject property passes the renewal inspection, and the applicable renewal fee is $568.00 and may be amended from time to time. Renewal payments submitted after permit expiration are subject to a $50 administrative fee and may be amended from time to time.
Agenda Item 9.
Exhibit A
Ordinance 679-AC
Continued use of a short-term rental or short-term residential rental unit is prohibited following permit expiration until renewal payment, including any administrative/delinquent fee, has been received by the City. Failure to submit renewal payment within 45 days of permit expiration, including any administrative/delinquent fee, shall result in immediate suspension of the short-term rental or short-term residential rental unit permit. The shortterm rental or short-term residential rental unit owner shall be required to submit a new application, pay the applicable permit application fee, and be subject to the application process in Subdivision (a) above. 12-68.3.060 Occupancy Standards
a. Compliance with Uniform Codes and Other Laws. At the time of issuance of a short-term rental or short-term residential rental unit permit and thereafter, the short-term rental or short-term residential rental unit shall be in compliance with the California Fire Code, California Building Code, the National Fire Protection Association Standards or regulations, and any other applicable uniform codes, as adopted by the City, and other applicable laws and codes.
b. Occupancy Limits. Occupancy limits per room for all short-term rental or short-term residential rental units shall be determined as follows:
1. In order for a room to be considered habitable space for overnight sleeping purposes, it must be a minimum of 70 square feet. A 70 square foot room may sleep up to two (2) people. Each sleeping room occupied by more than one person shall contain not less than 50 square feet of floor area for each additional person.
2. Kitchens, bathrooms, toilet rooms, halls, closets, storage or utility spaces, and similar areas are not considered habitable rooms for sleeping purposes, thus the square footage represented by these rooms shall not be used in the calculation for determining the maximum number of occupants. c. Maximum Occupancy Limits. Maximum occupancy limits per short-term residential rental unit shall be determined as follows:
1. Notwithstanding the allowances per subdivision (b) above, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed six persons if the rental unit is smaller than 800 square feet.
2. Notwithstanding the allowances per subdivision (b) above, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed eight persons if the rental unit is smaller than 1,200 square feet.
3. Notwithstanding the allowances per subdivision (b) above, on parcels smaller than one-quarter acre, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed ten persons.
4. Notwithstanding the allowances per subdivision (b) above, on parcels smaller than one-half acre, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed 12 persons.
5. Notwithstanding the allowances per subdivision (b) above, on parcels one-half acre to one acre, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed 15 persons.
6. Notwithstanding the allowances per subdivision (b) above, on parcels greater than one acre, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed 20 persons.
7. Notwithstanding the allowances per subdivisions (b) and (c)(1) through (6) above, the maximum occupancy of a short-term rental or short-term residential rental unit shall not exceed the occupancies supported by the on-site parking spaces as required by subdivision (d) below. d. Parking. All vehicles of short-term rental or short-term residential rental unit renters must be parked on the short-term rental or short-term residential rental unit property or adjacent thereto. No vehicle of renters shall be parked on neighboring properties or within the transportation right-of-way, or in any manner that would create an obstruction. Parking shall be provided on site at a ratio of not less than one parking space for every four renters. Short-term residential rental properties with occupancy limits of two renters shall be limited to two Agenda Item 9.
Exhibit A
Ordinance 679-AC
vehicles. Parking spaces may include garage, carport, street parking, and driveway spaces, and may allow for tandem parking. On-site parking areas shall be kept free from any obstructions which would prevent use for vehicle parking. Only the approved parking areas/spaces pursuant to the short-term rental or short-term residential rental unit permit shall be used for vehicle parking. Pursuant to section 12-68.3.080(a)(2), violations of the parking requirements of this Chapter may result in vehicles being towed without notice. Short-term residential rental unit renters shall abide by Article V of Chapter 13 of the Municipal Code, as may be amended from time to time, which includes but is not limited to Section 13-44.1 which prohibits parking and/or leaving standing for more than twelve (12) hours any boat, bus, camper, motor home, fifth wheel travel trailer, house car, travel trailer, construction equipment trailers, or any other recreational vehicle on any street, alley, or highway or any other public place.
12-68.3.070 Conditions Of Operation
The following are minimal requirements for short-term rental or short-term residential rental units. These are in addition to any other applicable requirements of this Chapter, other applicable provisions of the Municipal Code, or other law. a. Prohibited Uses of Property. A short-term rental or short-term residential rental unit may not be used for any transient occupancy other than the purposes described in the definition of short-term rental or short-term residential rental unit set forth in section 12-68.3.030(m), and in conformity with the requirements of this Chapter. A short-term rental or short-term residential rental unit shall not be used for any commercial activity, which includes but is not limited to weddings, wedding receptions, corporate retreats, business meetings or conferences, filming photography shoots, a fraternity party, or any other similar gathering, unless regulated under an approved City-issued permit.
b. Record Keeping. The property owner or property manager shall maintain records sufficient to prove compliance with this Chapter and other applicable laws. These records shall be maintained so that they can be readily provided to the City and provided in such a manner that establishes that the property owner or property manager is routinely maintaining such records. Any records or documents required to be maintained pursuant to this Chapter shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City, its auditor, or a designated representative thereof. c. Registration. The short-term residential rental unit owner, as defined in section 12-68.3.030(k), shall administer registration prior to allowing occupancy of the rental unit. The registration shall include review of the shortterm rental or short-term residential rental unit regulations with at least one adult renter of the rental unit. At the time of such registration, the renter shall be provided a complete written or digital copy of the rental unit rules and regulations, as well as disclosure of the penalties associated with violations. The registration material shall advise the renter of the occupancy and vehicle/parking limitations, responsibility to avoid nuisance behavior, and that the use of the rental unit for commercial activity, which includes, but is not limited to weddings, wedding receptions, corporate retreats, business meetings or conferences, fraternity parties, or any other similar gatherings shall be prohibited unless authorized by a City-issued permit. The registration material shall contain a space for an acknowledgement to be signed by the renter as having read, understood and agreed to all provisions. Registration materials shall be preserved for the term of the short-term rental or shortterm residential rental unit permit, and shall be provided to the City, when requested, to confirm compliance with the short-term rental or short-term residential rental unit permit conditions of operation and regulations set forth in this Chapter. If the owner fails to provide adequate directions to the unit or fails to confirm acknowledgement and understanding of the rental unit rules and regulations, the conditions of operation of the short-term rental or short-term residential rental unit permit may be amended by the City to require inperson registration. d. Advertising.
1. Advertising that promotes a short-term rental or short-term residential rental unit for a use that is not permitted or could not be permitted by this code or other law, is prohibited.
2. All advertising, including real-estate magazines, fliers, newspapers, television or radio commercials, internet pages, or coupons, that promote the use of a short-term rental or short-term residential rental unit prior to approval of a short-term residential rental unit permit pursuant to section 12-68.3.040(a), shall be prohibited. All advertisements featuring a permitted short-term rental or short-term residential rental unit shall specify the maximum permitted number of occupants and vehicles for the rental unit. e. Posted Notices Within Unit. The City-issued short-term rental or short-term residential rental unit permit shall be posted inside the unit on or adjacent to the front door, along with an exit/emergency evacuation map. In Agenda Item 9.
Exhibit A
Ordinance 679-AC
addition, each short-term rental or short-term residential rental unit shall have a clearly visible and legible notice posted in a prominent location within the unit, containing the following information:
1. The address of the short-term rental or short-term residential rental unit.
2. The name of the managing agency, agent, property manager, or owner of the unit, and a telephone number at which that party may be immediately reached on a 24-hour basis.
3. The maximum number of occupants permitted to stay overnight in the unit.
4. The maximum number of vehicles allowed to be parked on the property.
5. Notification of the arrangements that the owner has made to allow the renter to properly store and dispose of trash or refuse in accordance with the requirements of this Chapter.
6. Notification that failure to comply with the requirements of this Chapter, including parking and occupancy standards, as well as public and private nuisance standards, is a violation of the Municipal Code, and that such violation may result in enforcement actions to address the violation. These may include actions to abate the nonconformity, the institution of criminal, civil, or administrative actions, or, under certain circumstances, the calling of law enforcement for the removal of guests and their vehicles from the property to the extent authorized by law. The notification shall state in a prominent format that users of the unit are prohibited from disturbing the peace of the surrounding neighborhood and that doing so is a violation of this Chapter and the rental agreement.
7. Location of utility service connections, including how to access service connections and instructions necessary to disconnect the short-term rental or short-term residential rental unit from utility services in the event of an emergency.
8. Phone numbers of local emergency medical and law enforcement services.
9. Property boundary map for the purpose of deterring trespassing on other privately owned properties and identification of the approved parking area(s).
f. Call Response.
1. The short-term residential rental unit owner or agent shall be personally available by telephone on a 24-hour basis and maintain the ability to be physically present at the property within sixty (60) minutes in order to respond and remedy calls or complaints regarding the condition or operation of the unit or the behavior of persons on the property in violation of this Chapter or other law.
2. On a 24-hour basis, within one hour of receiving a call or a complaint, the short-term residential rental unit owner must confirm whether or not the complaint is valid. If the complaint is valid the short-term residential rental unit owner shall immediately take corrective action within the lawful authority of the owner to abate the violation, or to cause the nuisance behavior that disturbs the peace of the neighboring properties to stop, for the entire duration of the occupancy of the person causing or allowing such violation or nuisance behavior. Such corrective action may necessarily include, under certain circumstances, the contacting of law enforcement, City officials, or other appropriate officials for the removal of guests and their vehicles from the property to the extent authorized by law.
3. Calls or complaints about physical conditions or circumstances that constitute an immediate threat to the public health and safety shall obligate the owner to immediately contact the appropriate law enforcement, fire, or other authority.
4. Each owner shall keep a written record of the times and type of complaints received, what response was undertaken by the owner, and when such complaints were resolved. This written record shall be made available to the City upon request and shall be retained by the owner for the term of the shortterm rental or short-term residential rental unit permit. g. Responsibilities of Owner to Prevent Nuisance Behavior and Maintain Neighborhood Peace and Quiet. The owner shall take all lawful action necessary to ensure that renters and occupants abide by the terms of this Chapter and other applicable provisions of the Municipal Code and law. The owner must inform renters and occupants that they are not to violate any noise standards, parking standards, or otherwise create a public or private nuisance.
Agenda Item 9.
Exhibit A
Ordinance 679-AC
h. Loud and Disturbing Noise.
1. It is unlawful for any owner, renter, occupant, or guest located at a short-term rental or short-term residential rental unit to make, cause to be made, or allow to be made, either willfully or through failure to exercise control, any loud, excessive, impulsive, or intrusive noise that disturbs the peace or quiet or that causes discomfort or annoyance to any reasonable person of normal sensitivities in the area.
Such types of noises or actions causing noises include, but are not limited to, yelling, shouting, hooting, whistling, singing, playing a musical instrument, emitting or transmitting any loud music or noise from any mechanical or electrical sound making or sound amplifying device, and the habitual barking, howling, or crowing of animals.
2. The standard for enforcement of this subdivision is the "reasonable person" standard. The inquiry is whether the noise would disturb the peace or quiet or cause discomfort or annoyance to a reasonable person under the same or similar circumstances.
3. Factors that may be considered in determining whether a violation of this Subdivision has been committed include, but are not limited to, the following:
A. The level of noise;
B. The level and intensity of the background (ambient) noise, if any; C. The proximity of the noise to the residential unit in question; D. The time of day or night the noise occurs;
E. The duration of the noise;
F. Whether the noise is constant, recurrent, or intermittent; and G. Whether the noise is produced by a mechanical or electronic device. i. Safety.
1. Illegal fireworks are prohibited in the City.
2. The interior and exterior of the short-term rental or short-term residential rental unit shall be kept free of hazardous conditions at all times.
3. Spas/hot tubs shall be covered and locked when not in use. j. Sanitation.
1. Every short-term rental or short-term residential rental unit shall be cleaned after each occupancy change in order to make the unit sanitary.
2. If linens are provided for use by renters, said linens will be exchanged for clean linens after each occupancy.
3. The exterior of the short-term rental or short-term residential rental unit shall be maintained and kept free of debris.
4. Spas/hot tubs shall be maintained and cleaned as frequently as needed to preserve sanitary conditions.
k. Trash/Refuse. Trash shall be deposited in approved trash collection containers on the short-term rental or short-term residential rental unit property. Trash containers shall be kept closed when not in use, never be permitted to overflow, and kept in a clean condition without excessive build-up of encrusted wastes in or on the container.
1. Short-term residential rental unit owners shall procure trash collection service and trash collection containers from the City-approved refuse collection hauler when said service is available. A sufficient number of containers based on occupancy levels of the rental unit shall be procured.
2. Trash shall be removed from the premises after each occupancy unless routine commercial trash collection is provided to the premises.
l. Animals.
1. Control of Animals. No person owning or having control of any animal shall permit such animal to stray or run at large upon any unenclosed area on or off the short-term rental or short-term residential rental Agenda Item 9.
Exhibit A
Ordinance 679-AC
unit property. No person may lawfully bring his or her dog off a short-term residential rental property unless the dog is restrained by a leash and the person is competent to restrain the dog, or the dog is properly restrained and enclosed in a vehicle, cage, or similar enclosure.
2. Noise. It shall be unlawful for any person owning or having control of any animal to be allowed to create excessive noise in violation of Subdivision (h) of this section. 12-68.3.080 Enforcement
a. General.
1. Owners and renters of short-term rentals or short-term residential rental units shall comply with the requirements of this Chapter and all other applicable sections of the Municipal Code and other law. A marketplace or hosting platform shall comply with the requirements of section 12-68.3.110 and all other applicable sections of the Municipal Code and other law.
2. In addition to any enforcement action and remedy authorized by this Chapter, a violation of any requirement of this Chapter may result in remedial action by appropriate members of City staff or any enforcement officer as defined in Chapter 2A of the Municipal Code without notice if providing notice is not reasonable considering the need for immediate remedial action, and/or if prior notice to the property owner or the renters, either verbal or written, has not resulted in appropriate remedial action by the property owner. If the violation consists of a violation of any of the parking requirements of this Chapter, then the remedy may include the towing of the vehicle or vehicles causing the violation of the parking requirement. Remedial actions taken under this Section, other than any criminal citations, are subject to appeal pursuant to Chapter 2A of the Municipal Code or other applicable provision, but no request for appeal shall stay the remedial actions taken pursuant to this Section.
3. In addition to any enforcement action and remedy authorized by this Chapter, a violation of any requirement of this Chapter may be subject to the enforcement and remedy provisions of Chapter 2A of the Municipal Code and any other applicable enforcement and remedy provisions of the Municipal Code or provided under the law.
b. Transient Occupancy Tax–Failure to Pay. Failure by the owner, or when applicable, a marketplace or hosting platform to collect and remit to the Tax Collector the Transient Occupancy Tax may result in the Tax Collector pursuing any remedy against the owner, marketplace, or hosting platform, including imposing and collecting said tax from the owner, marketplace, or hosting platform, authorized under the City's Transient Occupancy Tax (Article 20-III), as set forth in the Municipal Code as may be amended from time to time or other applicable law. Notwithstanding the duty imposed by section 12-68.3.110(a), the use of a marketplace or hosting platform to facilitate the rental of a short-term residential rental unit shall not relieve an owner of liability for violations of this Subdivision.
c. Administrative Subpoena. The City may issue and serve an administrative subpoena as necessary to obtain specific information identified in section 12-68.3.110 regarding short-term rental or short-term residential rental unit listings located in the City. Any subpoena issued pursuant to this Subdivision shall not require the production of information sooner than 30 days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30-day period. 12-68.3.090 Suspension Of Permit
a. Suspension of Permit. A short-term rental or short-term residential rental unit permit may be suspended for the following reasons:
1. Substandard Building or Property or Unsafe Building or Structure. Any violation of the requirements of the City's Building Code, as may be amended from time to time, that results in the issuance of a notice of defect or notice and order to repair. Notice of such suspension shall be provided pursuant to the requirements of the City's Building Code, as may be amended from time to time.
2. General Violations. Any failure to comply with, or respond to, any notice of violation or other notice from the City requiring compliance with one or more requirements of this Chapter or other applicable provision of the Municipal Code or other law. Property owners shall be informed of such suspension in a written notice mailed using both certified mail with return receipt and first class service. In addition, although not required, the notice may also be posted on the property and/or mailed to any additional individuals or companies listed on the permit application. Agenda Item 9.
Exhibit A
Ordinance 679-AC
b. Use of Property During Suspension and Stays.
1. When a short-term rental or short-term residential rental unit permit is suspended, the property or properties affected by the suspension shall not be used as a short-term residential rental until such time as the suspension is stayed or lifted.
2. Permits suspended pursuant to section 12-68.3.090(a)(1) will remain suspended until such time as the Building Official or his or her designee confirms that all violations have been corrected or the City's designee has ruled in favor of the appellant.
3. Permits suspended for general violations, i.e., those under section 12-68.3.090(a)(2), will remain suspended until such time as the violations are abated, or the property owner can reasonably demonstrate substantive changes in the property management practices that would mitigate or correct these violations, or a City's designee has ruled in favor of the appellant. If an appeal hearing for a general violation cannot be scheduled within 14 calendar days after an appeal was filed or if the hearing is scheduled but, through no fault of the appellant, not held within 30 days after the appeal was filed, the suspension must be stayed through the date a ruling on the appeal is issued. c. Appeals of Suspensions. An appeal must be filed no later than ten days of the date the notice of suspension is issued. When the tenth day is not a City business day, the time frame is extended to the second consecutive City business day following the tenth day.
1. The suspension of a permit pursuant to section 12-68.3.090(a)(1) may be appealed for a hearing before the City's hearing official. The format and process of the appeal shall be as set forth in Municipal Code section 2A et seq. The decision of the hearing official shall be final and no further appeal within the City shall be available.
2. The suspension of a permit for a general violation may be appealed to a City-designated hearing officer. The decision by the hearing officer shall be final and no further appeal within the City shall be available. The hearing procedure shall include the following:
A. At least ten days written notice of the hearing shall be given to the permit holder prior to the hearing date. The hearing date may be postponed or continued by stipulation of the parties. If the permit holder does not respond or appear, no further hearing procedure shall be required.
B. Witnesses shall swear or affirm to tell the truth. The oath or affirmation shall be taken by the hearing officer. The City shall present its case first, with oral testimony and documentary evidence or other evidence. The City shall have the right of cross-examination. The permit holder shall have the right to be represented and shall have the right of cross-examination. The permit holder may present his or her response after the City has presented its case. Both parties may thereafter present argument.
C. No determination or order shall be based solely on hearsay evidence. The hearing officer shall make his or her determination within five working days of the end of the hearing, unless a party requests a greater period of time. The determination shall be in writing, and shall state the findings upon which the determination is made. The decision by the hearing officer shall be final and no further appeal within the City shall be available.
3. The failure to appeal a suspension in a timely manner shall render the action to suspend final and no further appeal within the City shall be available.
12-68.3.100 Revocation Of Permit
a. Revocation of Permit. A short-term rental or short-term residential rental unit permit may be revoked for the following reasons:
1. The severity of a violation of a requirement of the City's Building Code, as may be amended from time to time, necessitated the immediate vacation of the property.
2. The conditions or actions that resulted in the suspension of the permit have not been abated or addressed by a demonstrable change in the business practices associated with the short-term rental or short-term residential rental unit, within 60 days of the suspension being upheld on appeal or otherwise deemed final.
Agenda Item 9.
Exhibit A
Ordinance 679-AC
3. The condition or the business practice that resulted in the suspension of the permit re-occurs within 12 months of the date the suspension was upheld on appeal or otherwise deemed final.
4. A permit is suspended two times in a consecutive 24-month period, where said suspensions are either upheld on appeal or otherwise deemed final.
5. The permit was obtained through fraud or deceit.
6. The permit was issued in error.
b. Appeals of Revocation of Permit. The revocation of a permit pursuant to this Chapter may be appealed for a hearing before the City's hearing official. The format and process of the appeal shall be as required by Municipal Code section 2A et seq. A decision by the hearing official may be appealed to the Planning Commission. The decision of the Planning Commission shall be final and no further appeal within the City shall be available.
c. New Application After Revocation of Permit. A property owner of a short-term rental or short-term residential rental unit permit who has been issued a revocation pursuant to 12-68.3.100 above, shall not be permitted to submit another application for a permit within 12 months after a revocation is made final. d. Suspensions or Revocations of Permits for Multiple Properties. If is determined that the conditions or the business or management practices cause violations of this Chapter to occur on multiple properties of the same owner, the short-term rental or short-term residential rental unit permits for all of those properties may be suspended and/or revoked at the same time. In such circumstance all affected parties must be provided notice and the opportunity to appeal the suspension and/or revocation of the permit for every affected property. 12-68.3.110 Hosting Platform/ Short-Term Rental Facilitator Requirement a. For purposes of this Chapter a marketplace or hosting platform shall be responsible for collecting all applicable Transient Occupancy Tax required by the City's Taxation Code, as may be amended from time to time, and remitting the same to the City. The marketplace or hosting platform shall be considered an agent of the shortterm residential rental owner for purposes of Transient Occupancy Tax collections and remittance, as set forth in the City's Taxation Code, as may be amended from time to time, if the marketplace or hosting platform collects payment for the rental. If a marketplace or hosting platform does not collect payment for rentals, the short-term residential rental unit owner is solely responsible for the collection of all applicable Transient Occupancy Taxes.
b. In addition to the requirements of subdivision (a), and consistent with Government Code §50993(a)–(b), a marketplace, hosting platform or short-term rental facilitator shall, upon request by the City, disclose the following information in a commonly used electronic format and in the form and manner prescribed by the City:
1. The physical address of each short-term rental or short-term residential rental unit, including the full nine-digit ZIP Code, for every listing located within the jurisdiction of the City.
2. If the information provided under paragraph (1) is not sufficient for the City to identify a specific shortterm rental or short-term residential rental unit, the City may additionally require any of the following, consistent with Government Code §50993(b):
A. The Assessor’s Parcel Number (APN) for each short-term rental or short-term residential rental unit;
B. The URL or unique listing identifier associated with each specific short-term residential rental listing;
C. Information exclusively related to the identification of any accessory dwelling unit, guest house, or single unit of a timeshare or multifamily housing project located at the provided address or APN.
3. The names of the persons responsible for each such listing, the length of stay for each stay, and the price paid for each stay, to the extent already required by this Chapter. c. A marketplace or hosting platform, operating exclusively on the internet, which operates in compliance with Subdivisions (a) and (b) above, shall be presumed to be in compliance with this Chapter, except that the Agenda Item 9.
Exhibit A
Ordinance 679-AC
marketplace or hosting platform remains responsible for compliance with the administrative subpoena provisions of this Chapter.
d. Short-term rental facilitators shall submit required data no more frequently than every three months within any 12-month period, unless the City requires monthly Transient Occupancy Tax remittance, in which case monthly reporting may be required.
e. Display of City-Issued Permit Number and Transient Occupancy Tax Certification. In accordance with Government Code §50994, every hosting platform or short-term rental facilitator shall ensure that each listing for a short-term rental or short-term residential rental unit located within the City prominently displays:
1. The City-issued short-term rental or short-term residential rental unit permit number associated with the unit; and
2. Any Transient Occupancy Tax registration or certification number issued by the City for that unit.
For purposes of this subdivision, “prominently displays” means that the permit number and tax certification number must appear in a clear and readily identifiable location on the listing page such that a reasonable user can determine, prior to booking, that the unit holds a valid City-issued permit and is properly registered for Transient Occupancy Tax purposes. A marketplace or hosting platform shall not publish or maintain a listing for any short-term rental or shortterm residential rental unit that does not include the permit and certification numbers required by this subdivision. f. Failure of a short-term rental facilitator to comply with reporting requirements shall be punishable by administrative fines consistent with Government Code §53069.4. g. Audit Authority for Transient Occupancy. Consistent with Government Code §50995, if a marketplace, hosting platform or short-term rental facilitator is responsible under this Chapter or under a collection agreement with the City for collecting or remitting Transient Occupancy Tax on behalf of a short-term residential rental unit owner, the City may conduct an audit or otherwise examine the records of the hosting platform or facilitator that document the receipt, collection, or remittance of Transient Occupancy Tax. Any audit or examination conducted pursuant to this subdivision shall be limited to records necessary to verify compliance with the City’s Transient Occupancy Tax requirements. All costs associated with such audit or examination shall be borne by the City unless otherwise permitted by law.
h. The provisions of this Section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the City to be in violation of, or preempted by, any such laws. (Ord. 649-AC)
Agenda Item 9.
City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Ellen Campbell
Councilmember Tona Belt
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
Councilmember Larry Ford
City Manager Patrick J. Martinez
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: January 23, 2026
1. Needles Selected to Host NIAA 2A State Softball & Baseball Tournaments This week, Needles Unified School District announced that the Nevada Interscholastic Activities Association (NIAA) 2A State Softball and Baseball Tournaments will be hosted in Needles. This regional event is expected to bring teams, families, and visitors to the community, supporting local businesses and advancing the City Council’s goal of promoting sports tourism. The City extends its appreciation to Needles Unified School District for investing in improvements to the local softball fields in preparation for tournament play, including regrading and replacing the infield dirt. These upgrades help ensure the facilities are tournament-ready and support long-term recreational use for local youth and visiting athletes.
2. Run for the Wall (RFTW) Needles – May 13, 2026
The annual Run for the Wall (RFTW) procession—honoring Veterans and raising awareness for POW/MIA accountability—will stop in Needles on May 13, 2026. RFTW is an organized cross-country motorcycle ride that begins in Ontario, California, and concludes at the Vietnam Veterans Memorial Wall in Washington, D.C. Last year, more than 300 motorcyclists were welcomed at El Garces in Downtown Needles, and this year is expected to draw another strong turnout. The event continues to be supported by community members, city officials, and local organizations, and more details will be shared as the event approaches. More information is available at the official Run for the Wall website.
3. Route 66 Bike Week – April 20–26, 2026
The City is pleased to share that Route 66 Bike Week will take place April 20– 26, 2026, celebrating the historic Mother Road through a weeklong ride experience and motorcycle culture. The event highlights the spirit of the open road and will feature a scenic ride from Needles to Seligman, encouraging participants to explore Route 66 communities and support local businesses along the way. This event supports City Council goals related to tourism
promotion, community pride, and economic activity. Refer to the attached flier for more information or click on this link.
4. Phase V Street Paving Improvements – Construction Begins Next Week The City Council recently awarded the Phase V Street Paving Improvements Project to Vance Corporation, with construction scheduled to mobilize next week. Phase V includes paving improvements on Parkway Street, Lillyhill Drive, Coronado Street, Cortez Street, Peru Street, and Balboa Street, improving neighborhood streets. The $1.37 million project is funded through FY 2026 Measure I funds and Cannabis Tax Revenues and is part of the City’s 15-year Pavement Management Plan, reflecting continued reinvestment in local infrastructure through the City’s “Tax Dollars at Work” program. A ribbon cutting will be scheduled in February to recognize this important infrastructure milestone and the City’s ongoing commitment to roadway safety and reliability.
5. Water Main and Manifold Improvements Project – Construction Update The City’s Water Main and Manifold Improvements Project continues to make significant progress. This week, the contractor is nearing completion of the replacement of the 6-inch water distribution main on River Road near Park Drive and Monterey Street, marking an important milestone in improving system performance. Next week, construction will advance to upgrades of the manifold at the golf course maintenance yard. These improvements will increase system capacity, enhance reliability, and strengthen long-term water service delivery.
This project reflects the City’s continued investment in critical infrastructure, public health protection, and the long-term sustainability of essential services.
6. 19th Hole Bar & Grill Remodel Project – Progress Update Work associated with the 19th Hole Bar & Grill kitchen remodel at the Cityowned facility at River’s Edge Golf Course is moving forward, with ADA-related improvements currently underway. These upgrades are part of the broader $500,039 project to modernize the kitchen and related facilities and bring the building into compliance with current accessibility, health, and building standards. The improvements will support continued restaurant operations while enhancing safety, functionality, and long-term use of this important golf course amenity. This project aligns with City Council goals to improve public facilities, support local economic activity, and enhance community amenities that contribute to quality of life.
7. Guardrail Repair – “D” Street / Lillyhill
This week, the City completed repairs to the damaged guardrail adjacent to the “D” Street Bridge to improve roadway safety and reduce risk to motorists (refer to the attached image for a glimpse). City staff collaborated with San Bernardino County Flood Control and Caltrans to confirm infrastructure ownership and ensure the repair was completed appropriately and in a timely manner. The City extends its appreciation to Phillips Construction for their efforts and responsiveness in supporting this repair. This project supports City Council goals related to public safety, infrastructure maintenance, and enhancing overall quality of life.
8. Well #12 at River’s Edge Golf Course – Service Restoration River’s Edge Golf Course staff responded to a motor failure at Well #12 on January 13, 2026, which temporarily took the well out of service. Staff immediately coordinated with contractors to assess damage and secure replacement equipment. While repairs were being arranged, the City’s Public Works Department assisted with supplemental watering to help maintain turf conditions and minimize impacts to course operations. This week, contractors installed a new motor, restoring the well to full operation. The City appreciates the coordinated efforts between Golf Course staff, Public Works, and contractors that ensured a timely repair and helped protect this important recreational asset.
9. Needles Pride Program – First Community Cleanup Day Success This past weekend, the City successfully hosted its first Needles Pride Program Community Cleanup Day at Duke Watkins Park. This cleanup effort supported park readiness and strengthened neighborhood pride ahead of the upcoming sports and visitor season. More than a dozen volunteers assisted with litter removal and general beautification throughout the park area, improving overall site conditions and presentation. The event resulted in the collection of 1 ton of trash, including tires, litter, and dead vegetation, and helped reinforce community stewardship and civic pride. The City will schedule another cleanup next month. Be on the lookout for the next opportunity to participate.
10.Needles Elks Junior Golf League – Program Begins Tomorrow The City is pleased to share that the Needles Elks Lodge #1608 Junior Golf League begins tomorrow, January 24, 2026, at River’s Edge Golf Course. This no-cost youth program serves students in 6th through 9th grade and provides an opportunity to learn golf fundamentals while gaining playing experience on River’s Edge, Los Lagos, and Huukan Golf Courses. The league will run through March 2026 and conclude with a hosted luncheon for participating students and their immediate families. The City extends its sincere appreciation to the Needles Elks and River’s Edge Golf Course for their leadership and continued investment in local youth opportunities.
11.Home Run Derby Fundraiser – Needles Little League
The Needles Little League will host its Home Run Derby Fundraiser tomorrow, Saturday, January 24 at 12:00 p.m., at Ed Parry Field. This family-friendly event will raise funds for the Little League Shade Structure Project, helping improve comfort for families and players during the season. The derby will feature a structured format with participant awards, a snack bar, and live music by DJ Loke. This week, Public Works supported event readiness by preparing the fields and grounds, repairing a leak at the Little League snack shack, and repainting the affected area (refer to attached image). The City encourages the community to come out and support this fundraiser, which aligns with City Council goals to promote youth recreation, strengthen community partnerships, and enhance community amenities that improve quality of life. For additional information, please contact Josh Raley at 760-220-7886.
12.County Mobile Dental Clinic Returning to Needles – CRMC The City is pleased to share that the San Bernardino County Department of Public Health will return with its Mobile Dental Clinic at the Colorado River Medical Center (Parking Lot), 1401 Bailey Ave. on February 17–20. The clinic will provide essential services for low-income California residents, including screenings, exams with dental x-rays, cleanings, fluoride varnish, fillings, and limited root canal treatments/extractions for Medi-Cal recipients and uninsured residents. Appointments are strongly recommended and can be scheduled by calling 1 (800) 722-4777 (press 5). Additional information is available on the County Department of Public Health website at this link.
13.Needles Animal Shelter – Donation Needs
The City’s Animal Shelter is currently accepting donations to support daily operations and animal care. Requested items include dry large breed dog food, canned wet dog food, dry adult cat food, canned wet cat food, bleach, and 13- gallon trash bags. Donations may be dropped off during business hours, Monday through Friday from 8:00 a.m. to 2:00 p.m. For questions, please contact the Animal Shelter at 760-326-4952.
14.Congratulations Michael Willis – Journeyman Lineman Certification The City proudly congratulates Michael Willis on earning his Journeyman Lineman Certification and being promoted from Apprentice to Lineman. This key professional milestone strengthens the City’s ability to deliver safe and reliable electrical services to the community. Michael’s successful completion of the power line training program—recognized throughout the United States and several foreign countries as a high-quality program—reflects the dedication and skill required to advance in this critical field. His continued professional growth highlights the City’s investment in workforce development and our commitment to maintaining a high standard of public service.
15.U.S. Fish & Wildlife Prescribed Burn Operations – Lake Havasu Refuge On January 20, 2026, the U.S. Fish & Wildlife Service reported that a prescribed burn conducted earlier in the week on federal lands near the Lake Havasu National Wildlife Refuge expanded beyond its original scope due to stronger-than-forecast winds. The burn was initially planned for approximately 1,800 acres; however, shifting wind conditions caused embers and burning debris to scatter into surrounding vegetation and marsh areas south of Topock Marsh, contributing to fire growth exceeding 4,000 acres. U.S. Fish & Wildlife stated that 86 fire personnel were assigned to support containment operations and prevent the fire’s boundaries from expanding further. Additional resources included mutual aid from regional fire agencies in Mohave Valley, Bullhead City, Golden Valley, Northern Arizona, and Buckskin, along with support from the Bureau of Land Management and U.S. Fish & Wildlife personnel. No structures were reported to be threatened.
16.Community Events Calendar Now Live
The City’s new website now features a Community Events Calendar—a single source for community events, civic meetings, and community programs. Local organizations are invited to submit or update events through the City Clerk’s Office to keep the calendar current and inclusive. Contact Candace Clark at [email protected] to participate. Residents can subscribe and sync the calendar to mobile devices for real-time updates, making it easier to stay informed and engaged.
17.Needles Sunday Farmers Market at Santa Fe Park
The Needles Sunday Farmers Market continues each week at Santa Fe Park, providing residents and visitors with an opportunity to shop local and support small businesses. Hosted by Tumbleweed Markets Inc., the market features a rotating mix of vendors offering fresh produce, baked goods, coffee, handmade items, flowers, and other local goods. The market is held every Sunday through March 31, 2026 from 8:00 a.m. to 12:00 p.m. at Santa Fe Park. The market is also welcoming new vendors, further expanding opportunities for local entrepreneurs and artisans. This effort supports the City Council’s goal of promoting community engagement while strengthening local economic activity.
Additional vendor information is available by contacting Market Manager Patrick Lauterio at (760) 848-8289 or [email protected].
3. ROUTE 66 BIKE WEEK SELIGMAN
5. WATER IMPROVEMENTS
6. 19TH HOLE REMODEL
7. GUARDRAILE REPAIR
8. WELL #12 RIVER’S EDGE GOLF COURSE
8. WELL #12 RIVER’S EDGE GOLF COURSE
9. NEEDLES PRIDE
9. NEEDLES PRIDE
10. ELKS JUNIOR GOLF LEAGUE
11. HOME RUN DERBY
11. HOME RUN DERBY
12. ON-THE-GO DENTAL SERVICES RETURN
13. ANIMAL SHELTER DONATIONS
15. PRESCRIBED BURN TOPOCK
City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Ellen Campbell
Councilmember Tona Belt
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
Councilmember Larry Ford
City Manager Patrick J. Martinez
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: January 30, 2026
1. Phase V Street Paving Improvements – Groundbreaking Ceremony The City of Needles invites residents to attend a community groundbreaking ceremony for the Phase V Street Improvements Project on Tuesday, February 10, 2026, at 9:00 a.m. at the intersection of Rio Vista and Balboa. Construction on this $1.37 million project is underway, and work is scheduled to be completed by the end of February. This week, crews completed mobilization, job setup, potholing, and utility adjustments to prepare the streets for paving operations.
The project was designed by TKE Engineering Inc. and awarded to Vance Corporation, with funding provided through City tax dollars generated by the local cannabis industry. Phase V will deliver roadway improvements on Parkway Street, Lillyhill Drive, Coronado Street, Peru Street, Cortez Street, and Balboa Street, improving safety and driving conditions in several neighborhoods. This investment reflects the City’s continued commitment to reinvesting local revenues into essential infrastructure through its long-term pavement management efforts. Community members are encouraged to attend the ceremony and join the City in recognizing this important milestone and the continued progress being made to improve neighborhood streets.
2. Route 66 Centennial Utility Box Art Project
At the recent City Council meeting, the Council authorized a public art project to celebrate the Route 66 Centennial through the painting of select electrical utility boxes in Needles. This initiative reflects the City’s commitment to beautification and enhancing the visitor experience along our historic Route 66 corridor.
Transforming everyday infrastructure into vibrant works of art helps tell the story of Needles while creating a more welcoming and visually engaging environment for residents and travelers alike. Over the next two weekends, residents may see artists on-site preparing the boxes, including sanding, surface preparation, and painting as work moves forward. The project targets high-visibility locations to create immediate visual impact and showcase Needles’ creativity and sense of place during this milestone celebration. We appreciate the community’s support and patience as this exciting project begins to take shape and adds new color and character to our city.
3. Winter Care Outreach Event Leads to Housing Support for Local Veteran The City of Needles is pleased to report on the success of the Winter Care Outreach Event held on January 28, 2026, in partnership with the San Bernardino County Probation Department, Community Action Partnership of San Bernardino County (CAPS), Pacific Clinics and the Needles Set-Free Church. Approximately 90 local residents attended and received services including jackets, clothing, food boxes, hygiene resources, and access to showers. Pacific Clinics’ Clubhouse Program also participated, providing additional outreach and support. Needles Mayor Janet Jernigan attended the event to show the City’s continued commitment to supporting vulnerable members of the community. Most notably, as a direct result of the outreach efforts, the Housing Authority was able to assist a homeless veteran with securing housing through the HUD-VASH program. This outcome highlights the importance of coordinated community partnerships in delivering meaningful assistance to those in need.
4. Transit Equity Day – Free Ride Day
Transit Equity Day will be observed countywide on Wednesday, February 4, with free rides offered all day on Needles Area Transit (NAT) deviated fixed route and Needles Dial-a-Ride (DAR) specialized transportation services. This initiative, in partnership with the San Bernardino County Transportation Authority, promotes equitable access to transportation and encourages residents to use public transit for work, school, medical appointments, and daily needs. Providing fare-free service helps reduce transportation barriers and highlights the importance of reliable mobility options for all community members.
This effort supports the City Council’s goals of enhancing quality of life, improving accessibility, and strengthening regional partnerships that expand essential services for Needles residents.
5. Needles Cactus Commuter Program Expands Transportation Access Victor Valley Transit Authority (VVTA) will launch a new mileage reimbursement program on February 9 to assist low-income Needles residents with transportation to essential appointments in the High Desert. Known as the Needles Cactus Commuter, the program will provide mileage reimbursement for trips to medical and court appointments, helping remove transportation barriers for residents who need to travel outside the community. Eligible participants must reside in the Needles area, meet federal low-income guidelines, and may receive reimbursement for up to 1,100 miles per month. The program will be administered directly by VVTA. This partnership expands access to critical services while supporting some of our community’s most vulnerable residents.
Staff will assist in promoting the program locally to help ensure eligible residents are aware of this new transportation resource. For more information, residents can contact VVTA at 760-995-3561 or visit https://vvta.org/ncc/.
6. Needles Center Scholarship 5K Sponsorship Opportunities Sponsorship opportunities are now available for the Palo Verde College Foundation’s Needles Center Scholarship 5K Color Walk/Run taking place on Saturday, March 21, 2026. This annual community event raises scholarship funds exclusively for students attending the Palo Verde College Needles Center, directly supporting local residents pursuing higher education and career training.
A variety of corporate and individual sponsorship levels are available, giving
businesses and community members the opportunity to support student success while receiving event recognition. Proceeds from sponsorships remain local and help expand educational pathways for Needles students. Those interested in becoming a sponsor can contribute directly through the Foundation's secure giving page. Supporting this effort aligns with the Council’s goals of strengthening workforce development and investing in the long-term success of the community.
7. 4th Annual Resource & Job Fair
The 4th Annual Resource & Job Fair will be held on March 18, 2026, from 10:00 a.m. to 1:00 p.m. at the El Garces Historic Train Depot. This event brings together San Bernardino County agencies, employers, and community partners to connect residents with job opportunities and essential services. Attendees can receive employment support, career guidance, and direct access to hiring organizations, and those seeking employment are encouraged to bring a résumé. The Assessor-Recorder-County Clerk Mobile Unit will be onsite providing certificate copies, notary services, fictitious business name filings, and property information. The Law Offices of the Public Defender will also assist individuals interested in beginning the record-clearing process. This event continues to be a valuable opportunity for residents to access services locally and strengthen connections to employment and support resources. Residents are encouraged to RSVP today by using this registration link.
8. Pacific Clinics Clubhouse Program Activities
Pacific Clinics’ Clubhouse Program in Needles continues to provide a safe, welcoming environment that promotes wellness, resiliency, and recovery for adults living with mental health conditions. The program offers peer support, skill-building opportunities, wellness activities, and assistance connecting members with local resources to support their recovery journey. Membership is open to adults over 18 with lived experience related to mental health, and there is no cost or insurance requirement to participate. Their next distribution will be held on February 11, 2026, at 2:00 p.m. at 1600 Bailey Street. Refer to the attached for their upcoming February activity calendar, which includes support groups, social events, wellness activities, crafts, and community outings designed to encourage engagement and build connections. These programs play an important role in supporting mental health and overall well-being within the community. For more information about the Clubhouse Program or to become a member, residents may contact Sonia Vicario at 626-753-8725 or visit their location at 1060 E. Broadway Street, Needles.
9. Community Events Calendar Now Live
The City’s new website now features a Community Events Calendar—a single source for community events, civic meetings, and community programs. Local organizations are invited to submit or update events through the City Clerk’s Office to keep the calendar current and inclusive. Contact Candace Clark at [email protected] to participate. Residents can subscribe and sync the calendar to mobile devices for real-time updates, making it easier to stay informed and engaged.
10.Rivers Edge Golf Course Valentine’s Day Golf Clinic
Rivers Edge Golf Course will host a Short Game Golf Clinic led by Golf Professional JJ DeLeon on February 14, 2026, from 9:00 a.m. to 10:00 a.m. The clinic is designed for golfers of all skill levels and ages, providing an opportunity to improve short game fundamentals in a fun and supportive setting. With Valentine’s Day falling on the same day, the clinic offers a unique activity for couples to enjoy together. Participation is limited to the first 12 registrants, with a cost of $25 per person. Residents interested in participating can register by calling Rivers Edge Golf Course at (760) 326-3931 or by emailing [email protected]. Residents are also encouraged to review the attached flyers for additional upcoming tournaments at Rivers Edge Golf Course, including the Wilson Birthday Bash Tournament on February 21 and the “Teeing Off on Route 66” Golf Tournament on March 7, both expected to draw regional participation and support local recreation and tourism.
11.Needles Elks Lodge – Wine, Cheese & Chocolate Pairing Event The Needles Elks Lodge #1608 will host its second annual Wine, Cheese, and Chocolate Pairing Event next weekend on February 7, 2026, from 2:00 p.m. to 5:00 p.m. at the Elks Lodge, 1000 Lilyhill Drive. This community event is open to both members and non-members and serves as a fundraiser supporting local youth scholarships. Tickets are $25 per person, and residents are encouraged to purchase tickets in advance. Those interested in attending can reserve tickets by contacting Sharon Dooley at (917) 797-1205. Please refer to the attached flyer for additional event details.
12.Farmers Market Gains Exposure with New J Street Sign A new temporary sign has been installed along J Street to increase visibility and awareness of the Needles Sunday Farmers Market at Santa Fe Park. The signage is designed to attract both residents and visitors and encourage greater participation in this growing community event. Hosted by Tumbleweed Markets Inc., the market offers a rotating mix of vendors featuring fresh produce, baked goods, coffee, handmade items, flowers, and other locally crafted goods. The market is held every Sunday through March 31, 2026, from 8:00 a.m. to 12:00 p.m. at Santa Fe Park. The event continues to welcome new vendors, expanding opportunities for local entrepreneurs and artisans. This effort supports the City Council’s goal of strengthening community engagement while promoting local economic activity. Additional vendor information is available by contacting Market Manager Patrick Lauterio at (760) 848-8289 or [email protected].
1. PHASE V GROUNDBREAKING
2. ROUTE 66 ELECTRICAL BOXES
Hwy 95 and San Clemente G Street and W Broadway J Street and W Broadway
2. ROUTE 66 ELECTRICAL BOXES
Needles Hwy and W Broadway N K Street and River Road Needles Hwy and N K Street
2. ROUTE 66 ELECTRICAL BOXES
Pashard Street and West Broadway 2511 Needles Hwy
3. HOMELESS OUTREACH EVENT
3. HOMELESS OUTREACH EVENT
4. TRANSIT EQUITY DAY
5. VICTORVILLE TRANSPORTATION
5. VICTORVILLE TRANSPORTATION
6. PALO VERDE COLLEGE 5K DONATIONS
6. PALO VERDE COLLEGE 5K DONATIONS
7. 4th ANNUAL RESOURCE FAIR
3. PACIFIC CLINICS
8. PACIFIC CLINICS
10. RIVERS EDGE GOLF COURSE
10. RIVERS EDGE GOLF COURSE
11. NEEDLES ELKS LODGE EVENT
12. NEEDLES SUNDAY MARKET