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tv   [untitled]    April 25, 2015 4:00am-4:31am PDT

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program. >> i'll go one step farther this is the link pin of our program many of the public xherpts think they're a small person trying to abide by the law we're clear we're expecting those small players to abide by the law we are asking for companies to make a significant amount of money off of that to demonstrate they're interested in self-policing the market they want to self-police the market there are thousands of listing on single website hosting platforms and as you've heard from the gentleman earlier those valid listing is significant they're removed not a valid registration right now we would
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have a few hundred available for listing. >> i'd like to say i like the zircon and throughout this effort we're trying to have a leveled but the platforms are different i think this is one that there create a level the playing field. >> anytime you land a site and put in a credit card this is exactly you put many the sfoeld fold is shots it out to the credit card company and you just bought this is exactly what we are talking about it is the city responsibility to maintain the database and if the shift is to the credit card it is the credit cards company we've got to make
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sure we have the current database if there is detail and hourly workshops this is a first step in many years of having home sharers the tim from the 70s i don't feel like we're pitting them in danger and if we're not updating our database we're not accountable. >> it exists today. >> commissioner johnson. >> i know my point originally sounded like you get your point i think the problem again right now is just we're a little bit behind the times this will effective tomorrow our database is not realtime so who is- if
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you're credit card inspires on one, 2015 a database updates somewhere a recommendation we find ways to make this realtime updates and possible i'm struggling again commissioner richards you jimbo bob jog my mind i don't like the idea of it to what we have we've its way to the court i want to see nor direction but generally speaking i agree with the requirement and i think there could be more detail around the penalty that number being wrong and those numbers in all places that's not what this recommendation so i'm struggling because this
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recommendation it basically is assuming those other things are in place. >> commissioner moore. >> commissioner richards stole the thunder i thought about the anything else the credit card at the same moment in the interest of the gentleman representing airbnb to be the leader in how to do it properly and create indeed the mechanisms but of all other companies follow suit then a bigger incentive like competently recognize we're expecting everything else why not this company the leader of the only technology it is able to address specific local concerns you've started here and might as well fine town.
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>> commissioner richards. >> it is not fair to ask any host to be held to a standard we can't help them with if we need to recommend a phasing period of one or issue this is not a black and white issue having the desire to get to an end point i agree that is a pin. >> commissioner moore. >> what we're discussing it what is in front of of us the footnote statement that commissioner richards said we define primarily asked to comment on the recommendation 6 right now yes or no vote. >> commissioner hillis. >> could you clarify what we are voting on i'm hearing to
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things we're required to have a field and that field no matter who is responsible maintaining the accuracy is that a valid is that the concern. >> i think the recommendations concludes the short-term rental hosting platform validating the number and also requiring the number to be put on it. >> the reminded already is that the person who is hosting all their listing list their certification number their certificate number this goes foster the hosting platform shouldn't list anything that if have a hosting number and they're required to valid data that number. >> maybe open to interpretation
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but the listing at the time the listing is posted it is a valid number. >> mentioned they need to be monitoring the unite in compliance is not really what the ordinance says it says the hosting platform should not providing provide the listing unless the listing includes the number and it is valid. >> deputy city attorney those are two separate issues in the recommendations it not called out i recommend you consider it it creates a new going on the host mrafrpdz and the obligation the hosting platform has to verify the fabulous is valid this is included in supervisor campos ordinance his ordinance
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also amended chapter 41 a for 0 right of private action against the platforms the private right of action against people that are legal representing the unit out not against the hosting platform that is a change you can consider as part of that recommendation a do you want to make it an obligation of the hosting platform to verify that the registration number is valid and b do you want there to be a private right of action that can be brought against hosting platforms or only the city to be able to - >> i'll recommend stick to this issue and adding that at the end. >> commissioner antonini. >> i was clarifying the private right of action is not included
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in what we're voting on now but as we've horde a lot of people in the cue that are trying to registered. >> commissioners, if there's nothing further shawl a call the question on item 6. >> on recommendation 6 to prohibited hosting platforms - commissioner antonini nor arrest commissioner hillis no commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong no that recommendation will move forward where a vote of 4 to 3 with commissioner hillis and commissioner antonini and others against. >> we're making good progress
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we've been here over 8 hours let's take a 5 minute break. >> thursday, april 23, 2015, commissioner we left off discussing item 16 abc. >> sorry all right. commissioner we're on recommendation number 7 is it or is to add a provision directing the mayor to set up an officer for the tax collects office we think this will provide a better experience for people wanting to think opposed the should recall registry all the offices in one
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stop and help with enforcement efforts. >> commissioner antonini. >> sounds like a move targeted efficiency a good step. >> commissioner wu. >> i know that to me i think there should be cross departmental help but i want to attaining the department for what they've done they've set up operations and this is in february so i maybe i don't want to prolong there's a stipulation between setting up a new office instead of asking us to work together i'm going to vote no commissioner moore. >> at this moment i'll vote 92
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no, because i want to see the techniques should there a branch auto what the department does i'll support that but i'd like to first see that work on its own. >> commissioner hillis. >> all to yes, but it should be lead by the task force the idea of working collectively together i'll support it will serve us well. >> commissioner richards. >> i think i agree with everything that was said i'm going to vote no actually commissioner hillis made the
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point i'm sorry. i'm tired. >> commissioners on that recommendation 207 set up a short-term rental office staffed by planning and dbi and the tax collects commissioner antonini commissioner hillis commissioner johnson commissioner moore no a commissioner richards no. >> commissioner wu no and commissioner president fong that recommendation will be forwarded to by a vote of 4 to 3 by commissioner moore commissioner richards and commissioner wu voting against. >> recommendation 8 make the number of nights a unit can be used as a hosted or non-hosted at one hundred and 20 days further study can have an
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illegal conversion to full-time use in the mayoral ordinance. >> commissioner antonini. >> based on our study i forget the gentleman's name the - mark he said the break even point is 270 i can go to one hundred 80 that is more realistic we're squeezing the hosted guys down to the lower number but i'll be supportive of a number of one hundred 20. >> here's where i have one concern about not only the fact you have a vacant unit who you want to rent it out short-term and a or long-term there's a discussion i have a unit with
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someone in it if i have to get them out and i'm not for increasing this is where i'll recommend at the end of the bucket list to extremely industrial this bed-and-breakfast for people to rent they're small homes out for a whole year 90 days is better i want to see that with 90 with a indicate i do not of bed-and-breakfast only the list. >> commissioner moore. >> i'd like to agree with the departments condition until they understand and the folks to get. >> commissioners we're
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recommend the one hundred 80. >> i cannot support. >> commissioner hillis i'm supportive of the one hundred 20 i go back to h 20 i like the 90 but i know this is what we're trying to get at people don't live in the unit and less concern about their neighborhoods we have public rely on the income those are not people living in luxury unit and rent out bedrooms i think they deserve one 20 or more if we are going to do this kind of posted and hosted address unhosted i'll go with the one hundred 20. >> commissioner antonini and yeah. i'm favor sounds like the one hundred 20 is where our decision will be on the higher
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end we're providing other ways to police this for the host that is using it as you know number two, of full-time rentals i think we've got a lot of checks on the whole thing it does allow for the hosted people to have they'll have to go into the bed-and-breakfast but i'll fine with the one hundred 20 and commissioner wu. >> commissioner richards sorry commissioner hillis raise good points i'm in favor of one fabulous but to me one hundred 90 and one hundred 20 is how you're out of town so i would be supportive of idea of some sort of streamline bed-and-breakfast
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we've not researched it. >> commissioner hillis. >> i mean, i have questions on the breaking points of 247 is way and hasn't the brook point to be lower non-hosted you'll run is it as a rental property i have to dig through the numbers i don't know it didn't seem right to me the 247. >> we checked the numbers about the controller's office and his ranks are coming out in the same order we're talking about the break even point where it becomes sensitized to switch in long-term to short-term rentals and certainty profit level it might not be this is the amount
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somewhere the incentive is earlier and later a number where the amount of profit it enough for a loraina long term rental and people that there are a lot of vacant unit if people are able to lease for one hundred and 20 days that might be good enough i'd like to see that in the hosted rental i kept the difficulty. >> commissioner hillis is this something if we make to item fingerprinting and items you wanted to list or add is this something you'll suggest or listed in number 8 if this year's a way to differentiate or define hosted and take a spate number. >> at least consider separating
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hosted and now and then hosted. >> two different numbers. >> okay. >> commissioners. >> shayla: shawl a call- commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore no commissioner richards no commissioner wu no. >> and commissioner president fong. >> so that remedies move forward forward with 3 item 4 a recommendation 9 is a depth proposed representation that is not in any of the ordinances before you it will roach the provision in the administrative code it requires the administrator hearing so currently if we find a violation
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we have to host and hearing may not need to have to hearing the violation could be rectified or do necessarily need one so - >> i think the point a humble administrative burden to hear it every time tlsh there's a violation under normal procedures to correct the violation. >> i'm fine with supporting this i want to understand how is the admin code dictate what we do or staff does. >> that's a nature of the ordinance yeah. it was decided to place the requirement in the admin code rather than the prado it was a a similar code that is why it was converted.
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>> very imperfect for he and deputy city attorney this may be that opening up a code but now the planning department is the enforcement and the recommendation you use the planning code for enforcement procedure but zoning administrator sanchez is correct the reason for a spate process it was administered by dbi it created a process that would not changed as amend in october to switch the enforcement to the planning department and shall i call the question on recommendation 9 commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong that recommendation will moved
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unanimously unanimously. >> okay recommendation 10 a department proposed recommendation not in the other ordinances that allow cross-examination of hearing of an administration hearing ever witnesses. >> shall i call the question and commissioner moore. >> perhaps somebody explain what was employed i'm unfamiliar. >> we have at administration hearings on enforcement matters noting no requirement for that cross-examination that was an artifact when it was a dbi procedure so the limited hearing are somewhat inner formal people have time to speak and present
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they're case and public comment as well requiring or obligating cross-examination there's no legal requirement for it. >> commissioner johnson. >> that was my question who would be cross commenting whom. >> that's a good question basically the parties so if there was someone i mean not entirely clear but they'll baefg the the party the person in violation if there's an interested party they'll have the ability to bring attorneys and . >> thank you. >> frankly it is a contention we don't see the reason for that. >> shall i call the question. >> on recommendation 10
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commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved that recommendation will move forward unanimously. >> recommendation number 11 department is recommend against this is a recommendation do not require the hosting platform it report it was a short-term rental which is in the supervisor campos ordinance and the department is recommending against this this basically, not as we heard not all short-term rental programs are set up the same was and krairgz list don't take the money are handle the
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booking so the information would be incomplete. >> commissioner richards. >> the question it was on the prior legislation recommendation that i was on the commission i think - i why it if come up before. >> we proposed it and it was not integrated the commission voted for it not put into the initial ordinance. >> if i may i think that is worth spending a moment because supervisor campos was concerned about this recommendation the departments represents are weight of the actions; right? the making consistent unhosted and hosted and making that definition requiring the
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registration number with those recommendation we thought the data was frankly less critical combined with the fact that the concerns about privacy issues and the inconsistently of the data because they don't get involved with the data the combination we suggest not a requirement not to say the data wouldn't be helpful but to make a a requirement is not needed some point if the other action are in place it seems like the proposals that the department made in the past was not necessarily that the data be required but we get the data somehow other technologies we can use given the fact the hosting platforms don't all collect the data it seems like a shifting in the platforms that's
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what is being said it will be inconsistent from the platforms. >> commissioner hillis. >> i didn't watch the board hearing what was their reason for taking if out of - >> it was never in so it was a recommendation that the department came in with and supervisor david chiu decided not to put it in. >> they debated it. >> yes. i was on vacation. >> was where the gentleman's information was more valid people have migrate to 0 bp o or have both if you can book it is start counting the calendar days they don't know.
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>> commissioner moore could the city explores a self-imposing requirement bans the fact at the end of the year you'll be paying your tax. >> deputy city attorney there is a reporting requirement in the existing code that applies to the host so open a yearly say is anyone litigations a short-term rental has to provide that and the planning department can require is this is on the hosting platform not the host itself. >> commissioner moore. >> i already said. >> sorry. >> commissioner richards. >> the question if we explores the account we've voted on we're relying on the host to actually come back and say i've hit one
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hundred 20 we're not expecting them to say hey, we have the data i went on line and can - i saw the calendar it was available this and that day i my in question how do you know what those red marks are they've reached the one hundred 20 is my concern it the consistent based on the data plasmas but even having the numbers we're going to have to struggle when we hit the cap. >> it is a start but it is an incompletely supervisor farrell said wanting to create without a doubt without a doubt there's a doubt in his mind we have an enforcement issue without someplace. >> commissioner antonini and